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Education Act 2005

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 School inspections and other inspections by school inspectors

    1. Chapter 1 School inspectors and school inspections: England

      1. Her Majesty’s Inspectorate for England

        1. 1.Her Majesty’s Inspectorate of Schools in England

        2. 2.Functions of Her Majesty’s Chief Inspector of Schools in England

        3. 3.Annual and other reports to Secretary of State

        4. 4.Powers of entry etc. for purposes of section 2

      2. Inspections

        1. 5.Duty to inspect certain schools at prescribed intervals

        2. 6.Duty to notify parents of section 5 inspection

        3. 7.Duty to have regard to views of certain persons

        4. 8.Inspection at discretion of Chief Inspector

        5. 9.Power of Chief Inspector to treat other inspection as section 5 inspection

        6. 10.Power of entry etc. for purposes of inspection under section 5 or 8

      3. Publication of inspection reports

        1. 11.Publication of inspection reports

      4. Interpretation of Chapter

        1. 12.Interpretation of Chapter 1

    2. Chapter 2 Procedure for inspections under Chapter 1

      1. Inspections and reports: all schools

        1. 13.Duties of Chief Inspector where school causes or has caused concern

      2. Destination of reports and measures required: maintained schools

        1. 14.Destination of reports: maintained schools

        2. 15.Measures to be taken by local education authority

      3. Destination of reports and measures required: non-maintained schools

        1. 16.Destination of reports: non-maintained schools

        2. 17.Statement to be prepared by proprietor of school

      4. Interpretation of Chapter

        1. 18.Interpretation of Chapter 2

    3. Chapter 3 School inspectors and school inspections: Wales

      1. Her Majesty’s Inspectorate for Wales

        1. 19.Her Majesty’s Inspectorate of Education and Training in Wales

        2. 20.Functions of Chief Inspector

        3. 21.Annual and other reports to Assembly

        4. 22.Power of Assembly to establish advisory panel

        5. 23.Powers of entry etc. of Chief Inspector

        6. 24.Power of Chief Inspector to arrange for inspections

      2. Registered inspectors

        1. 25.Registration of inspectors in Wales

        2. 26.Removal from register and imposition or variation of conditions

        3. 27.Appeals in relation to registration

      3. Inspections by registered inspectors and members of the Inspectorate

        1. 28.Duty to arrange regular inspections of certain schools

      4. Publication of inspection reports

        1. 29.Publication of inspection reports

      5. Receipts

        1. 30.Payment of fees into Consolidated Fund

      6. Interpretation of Chapter

        1. 31.Interpretation of Chapter 3

    4. Chapter 4 Procedure for inspections under Chapter 3

      1. Introductory

        1. 32.Inspections by members of the Inspectorate

      2. Inspections and reports: all schools

        1. 33.Duty to report on section 28 inspections

        2. 34.Section 28 inspections by registered inspectors

        3. 35.Reports of inspections by members of the Inspectorate

        4. 36.Timing of section 28 inspections by registered inspectors

      3. Destination of reports and measures required: maintained schools

        1. 37.Duty to notify where inspection shows maintained school causing concern

        2. 38.Destination of reports: maintained schools

        3. 39.Statement to be prepared by appropriate authority for school

        4. 40.Statement to be prepared by local education authority

      4. Destination of reports and measures required: non-maintained schools

        1. 41.Destination of reports: non-maintained schools

        2. 42.Statement to be prepared by proprietor of school

      5. Interpretation of Chapter

        1. 43.Interpretation of Chapter 4

    5. Chapter 5 Schools causing concern

      1. 44.Categories of schools causing concern

      2. 45.Cases where Secretary of State or Assembly may direct closure of school

      3. 46.Sixth forms requiring significant improvement

    6. Chapter 6 Other inspections: England and Wales

      1. Inspection of religious education

        1. 47.Meaning of “denominational education”

        2. 48.Inspection of religious education: England

        3. 49.Procedure for inspections under section 48

        4. 50.Inspection of religious education: Wales

      2. LEA inspections

        1. 51.Power of LEA to inspect maintained school for specific purpose

        2. 52.Provision of inspection services by LEAs in Wales

      3. Inspection of child minding, day care and nursery education

        1. 53.Inspection of child minding, day care and nursery education

      4. Inspection of independent schools

        1. 54.Inspection of independent schools

      5. Inspection of careers services in Wales

        1. 55.Inspection of careers services in Wales

        2. 56.Inspection of services related to careers services in Wales

        3. 57.Inspections under sections 55 and 56: further provisions

    7. Chapter 7 Supplementary

      1. 58.Inspection of computer records

      2. 59.Combined reports

      3. 60.Repeal of School Inspections Act 1996

      4. 61.Further amendments relating to school inspection

      5. 62.Power of Assembly to change inspection framework for Wales

      6. 63.Interpretation of Part 1

  3. Part 2 School organisation

    1. 64.Proposals not requiring consent of Secretary of State

    2. 65.Publication of proposals with consent of Secretary of State

    3. 66.Proposals for new secondary schools in England

    4. 67.Rationalisation of school places in England

    5. 68.Proposals for establishment of federated school

    6. 69.LEA not to establish school on opposite side of Welsh border

    7. 70.Proposals for discontinuance of rural primary school

    8. 71.Proposals relating to maintained special school

    9. 72.School organisation: further amendments

    10. 73.Interpretation of Part 2

  4. Part 3 Training the school workforce

    1. The Training and Development Agency for Schools

      1. 74.The Training and Development Agency for Schools

      2. 75.Functions of Agency

      3. 76.Functions of Agency in relation to Wales

      4. 77.Membership etc. of Agency

      5. 78.Powers of Agency to provide financial support

      6. 79.Forms of financial support under section 78

      7. 80.Provisions supplementary to sections 78 and 79

      8. 81.Grants to Agency by Secretary of State

      9. 82.Grants to Agency by Assembly

      10. 83.Non-funding functions of Agency

      11. 84.Directions by Secretary of State and Assembly

    2. Funding of teacher training by Higher Education Funding Council for Wales

      1. 85.Qualifying activities and eligible institutions in relation to HEFCW funding

      2. 86.Grants, loans and other payments by HEFCW

      3. 87.Provisions supplementary to section 86

      4. 88.Grants to HEFCW

      5. 89.Power of HEFCW to carry out or commission research

      6. 90.Supplementary and ancillary functions of HEFCW

      7. 91.Directions by Assembly

    3. Common provisions

      1. 92.Joint exercise of functions

      2. 93.Efficiency studies

      3. 94.Duty to provide information

    4. Provision of training in schools

      1. 95.Power of maintained schools to provide training for the school workforce

    5. Supplementary

      1. 96.Interpretation of references to training

      2. 97.Institutions of a denominational character

      3. 98.Further amendments relating to Part 3

      4. 99.Transitional and transitory provisions relating to Part 3

      5. 100.Interpretation of Part 3

  5. Part 4 Miscellaneous

    1. Maintained schools

      1. 101.Funding of maintained schools

      2. 102.LEA targets: England

      3. 103.Removal of requirements for governors' reports and parents' meetings

      4. 104.School profiles

      5. 105.Provision and funding of higher education in maintained schools

      6. 106.Admission arrangements to make special provision for looked-after children

      7. 107.Restrictions on disposal of land

    2. Information

      1. 108.Supply of information: education maintenance allowances

      2. 109.Unauthorised disclosure of information received under section 108

      3. 110.Supply of information: free school lunches etc.

      4. 111.Unauthorised disclosure of information received under section 110

      5. 112.Power to provide that function of determining eligibility remains with LEA

      6. 113.Information about the school workforce: introductory

      7. 114.Supply of information about school workforce

    3. Attendance at alternative educational provision

      1. 115.Power of governing body to make alternative provision for excluded pupils

      2. 116.Failure of parent to secure regular attendance of child at alternative provision

    4. Supplementary

      1. 117.Further amendments relating to Part 4

      2. 118.Meaning of “the 2002 Act” in Part 4

  6. Part 5 General

    1. 119.Functions to be exercisable by National Assembly for Wales

    2. 120.Subordinate legislation: general provisions

    3. 121.Parliamentary control of subordinate legislation

    4. 122.General interpretation

    5. 123.Repeals

    6. 124.Power to make further supplementary and consequential provision etc.

    7. 125.Commencement

    8. 126.The appropriate authority by whom commencement order is made

    9. 127.Extent

    10. 128.Short title, etc.

  7. SCHEDULES

    1. SCHEDULE 1

      Her Majesty’s Chief Inspector of Schools In England

      1. 1.Chief Inspector’s other staff

      2. 2.Additional inspectors

      3. 3.Remuneration, pensions etc.

      4. 4.Official seal

      5. 5.Performance of functions

      6. 6.Documentary evidence

    2. SCHEDULE 2

      Her Majesty’s Chief Inspector of Education and Training in Wales

      1. 1.Chief Inspector’s other staff

      2. 2.Additional inspectors

      3. 3.Remuneration, pensions etc.

      4. 4.Official seal

      5. 5.Performance of functions

      6. 6.Documentary evidence

    3. SCHEDULE 3

      Registration of inspectors in Wales: tribunals hearing appeals under section 27

      1. 1.Constitution of tribunals

      2. 2.Procedure of tribunals

      3. 3.Staff

    4. SCHEDULE 4

      School inspections in Wales under section 28

      1. 1.Interpretation

      2. 2.Selection of registered inspectors

      3. 3.Inspection teams

      4. 4.Enrolment of persons to act as team members

      5. 5.Training for inspections

      6. 6.Meeting with parents

      7. 7.Rights of entry etc.

      8. 8.Offence of obstructing inspector or inspection team

      9. 9.Replacement of inspector during course of inspection

    5. SCHEDULE 5

      Sixth forms requiring significant improvement

      1. 1.In this Schedule “the 2000 Act” means the Learning and...

      2. 2.(1) Section 113 of the 2000 Act (inadequate sixth-forms) is...

      3. 3.(1) Schedule 7 to the 2000 Act (inadequate sixth forms)...

    6. SCHEDULE 6

      Inspections of denominational education in Wales

      1. 1.Interpretation

      2. 2.Inspectors' reports

      3. 3.Action plans

    7. SCHEDULE 7

      Inspection of child minding, day care and nursery education

      1. Part 1 Child minding and day care: amendments of Children Act 1989

        1. 1.(1) Section 79N of the Children Act 1989 (c. 41)...

        2. 2.Omit section 79P of the Children Act 1989 (early years...

        3. 3.(1) Section 79Q of the Children Act 1989 (inspection of...

        4. 4.(1) Section 79R of the Children Act 1989 (c. 41)...

        5. 5.(1) Section 79T of the Children Act 1989 (c. 41)...

        6. 6.In section 79U of the Children Act 1989 (rights of...

      2. Part 2 Nursery education: amendments of School Standards and Framework Act 1998

        1. 7.(1) Section 122 of the School Standards and Framework Act...

        2. 8.Schedule 26 to the School Standards and Framework Act 1998...

        3. 9.(1) Paragraph 1 is amended as follows.

        4. 10.(1) Paragraph 2 is amended as follows.

        5. 11.In paragraph 3, before the “and” immediately following paragraph (a)...

        6. 12.For paragraphs 6 and 7 substitute— Inspections in England (1) The Chief Inspector for England— (a) shall at such...

        7. 13.At the end of the heading before paragraph 8 insert...

        8. 14.(1) Paragraph 8 is amended as follows.

        9. 15.(1) Paragraph 9 is amended as follows.

        10. 16.(1) Paragraph 10 is amended as follows.

        11. 17.For the heading before paragraph 11 substitute “Training of registered...

        12. 18.(1) Paragraph 11 is amended as follows.

        13. 19.In paragraph 12, for “6” substitute “6B”.

        14. 20.For paragraph 13 (and the heading immediately preceding it) substitute—...

        15. 21.For paragraph 14 substitute— (1) The annual report of the Chief Inspector for England...

        16. 22.In paragraph 16, for “6” substitute “6A or 6B”.

        17. 23.For paragraph 17 substitute— Where an inspection in Wales is being conducted by a...

        18. 24.(1) Paragraph 18 is amended as follows.

    8. SCHEDULE 8

      Inspection of independent schools

      1. 1.In this Schedule “the 2002 Act” means the Education Act...

      2. 2.After section 162 of the 2002 Act insert— Power to...

      3. 3.For sections 163 and 164 of the 2002 Act substitute—...

      4. 4.In section 165 of the 2002 Act (failure to meet...

      5. 5.In section 171 of the 2002 Act (interpretation of Chapter...

    9. SCHEDULE 9

      Further amendments relating to school inspection

      1. 1.Parliamentary Commissioner Act 1967 (c. 13)

      2. 2.Employment and Training Act 1973 (c. 50)

      3. 3.House of Commons Disqualification Act 1975 (c. 24)

      4. 4.Northern Ireland Assembly Disqualification Act 1975 (c. 25)

      5. 5.Education Reform Act 1988 (c. 40)

      6. 6.Tribunals and Inquiries Act 1992 (c. 53)

      7. 7.Judicial Pensions and Retirement Act 1993 (c. 8)

      8. 8.Disability Discrimination Act 1995 (c. 50)

      9. 9.Education Act 1996 (c. 56)

      10. 10.In Schedule 36 to the Education Act 1996 (uniform statutory...

      11. 11.Education Act 1997 (c. 44)

      12. 12.In section 39 of the Education Act 1997 (reports of...

      13. 13.In section 40 (inspector’s right of entry etc.), in subsection...

      14. 14.School Standards and Framework Act 1998 (c. 31)

      15. 15.(1) Section 15 of the School Standards and Framework Act...

      16. 16.(1) Section 16 of the School Standards and Framework Act...

      17. 17.In section 16A of the School Standards and Framework Act...

      18. 18.In section 17 of the School Standards and Framework Act...

      19. 19.In section 18 of the School Standards and Framework Act...

      20. 20.In section 18A of the School Standards and Framework Act...

      21. 21.In section 127 of the School Standards and Framework Act...

      22. 22.Government of Wales Act 1998 (c. 38)

      23. 23.Protection of Children Act 1999 (c. 14)

      24. 24.Learning and Skills Act 2000 (c. 21)

      25. 25.In section 86 of the Learning and Skills Act 2000...

      26. 26.(1) Section 118 of the Learning and Skills Act 2000...

      27. 27.(1) Section 128 of the Learning and Skills Act 2000...

      28. 28.Education Act 2002 (c. 32)

      29. 29.In section 159 of the Education Act 2002 (unregistered independent...

      30. 30.Nationality, Immigration and Asylum Act 2002 (c. 41)

    10. SCHEDULE 10

      Proposals under section 66 for establishment of secondary schools: supplementary

      1. Part 1 Introductory

        1. 1.This Schedule applies to proposals published under section 66.

        2. 2.In this Schedule “promoters”, in relation to any proposals, means...

      2. Part 2 Approval of proposals by school organisation committee or adjudicator

        1. 3.Submission of proposals to school organisation committee

        2. 4.Approval of proposals

        3. 5.Mandatory reference to adjudicator

        4. 6.Effect of reference to adjudicator

        5. 7.Proposals to establish Academy

        6. 8.Provision of information

      3. Part 3 Determination by LEA whether to implement proposals

        1. 9.(1) Where the only proposals published in pursuance of a...

      4. Part 4 Implementation of proposals

        1. 10.Requirement to implement proposal to establish maintained school

        2. 11.Proposals not falling to be implemented

        3. 12.Requirement to implement proposals relating to community school

        4. 13.Requirement to implement proposals relating to foundation or voluntary controlled school

        5. 14.Requirement to implement proposals relating to voluntary aided school

        6. 15.Proposals relating to Academy

    11. SCHEDULE 11

      Rationalisation of school places in England

      1. Part 1 Introductory

        1. 1.In this Schedule “the 1998 Act” means the School Standards...

        2. 2.In this Schedule— (a) “powers to make or invite proposals...

      2. Part 2 Directions to bring forward proposals

        1. 3.Directions to bring forward proposals to remedy excessive provision

        2. 4.Directions to bring forward proposals to remedy insufficient provision

        3. 5.Supplementary provisions

        4. 6.(1) Where a local education authority publish any proposals under...

      3. Part 3 Proposals by Secretary of State

        1. 7.(1) Where— (a) in relation to the area of any...

      4. Part 4 Procedure for dealing with proposals under paragraph 7

        1. 8.Objections

        2. 9.Approval of proposals

        3. 10.Reference to adjudicator of other proposals

        4. 11.Local inquiry into proposals

        5. 12.Proposals relating to Academy

        6. 13.Implementation of proposals

      5. Part 5 Transitional exemption orders for purposes of Sex Discrimination Act 1975

        1. 14.(1) This paragraph applies to proposals for a school in...

    12. SCHEDULE 12

      School organisation: further amendments

      1. 1.Education Act 1996 (c. 56)

      2. 2.In section 529 of the Education Act 1996 (power to...

      3. 3.In section 530 of the Education Act 1996 (compulsory purchase...

      4. 4.In section 580 of the Education Act 1996 (index), after...

      5. 5.(1) In Schedule 35A to the Education Act 1996 (Academies:...

      6. 6.School Standards and Framework Act 1998 (c. 31)

      7. 7.In section 33 of the School Standards and Framework Act...

      8. 8.In section 34 of the School Standards and Framework Act...

      9. 9.In section 138 of the School Standards and Framework Act...

      10. 10.In section 143 of the School Standards and Framework Act...

      11. 11.In Schedule 4 to the School Standards and Framework Act...

      12. 12.In Schedule 5 to the School Standards and Framework Act...

      13. 13.(1) Schedule 6 to the School Standards and Framework Act...

      14. 14.(1) Schedule 7 to the School Standards and Framework Act...

      15. 15.(1) Schedule 22 to the School Standards and Framework Act...

      16. 16.Education Act 2002 (c. 32)

    13. SCHEDULE 13

      The Training and Development Agency for Schools

      1. 1.Supplementary powers

      2. 2.Chief officer

      3. 3.Tenure of members of the Agency

      4. 4.If the Secretary of State is satisfied that a member...

      5. 5.Salaries, allowances and pensions

      6. 6.Staff

      7. 7.(1) Employment with the Agency continues to be included among...

      8. 8.Committees

      9. 9.Delegation of functions

      10. 10.Proceedings

      11. 11.Without prejudice to any other rights the Assembly may require...

      12. 12.(1) The Chief Inspector for England, or a representative of...

      13. 13.The validity of any proceedings of the Agency or of...

      14. 14.Subject to the preceding provisions of this Schedule, the Agency...

      15. 15.Application of seal and proof of instruments

      16. 16.Every document purporting to be an instrument made or issued...

      17. 17.Accounts

      18. 18.Annual reports

      19. 19.Status of Agency

    14. SCHEDULE 14

      Amendments relating to the training of the school workforce

      1. 1.Public Records Act 1958 (c. 51)

      2. 2.Parliamentary Commissioner Act 1967 (c. 13)

      3. 3.Superannuation Act 1972 (c. 11)

      4. 4.House of Commons Disqualification Act 1975 (c. 24)

      5. 5.Sex Discrimination Act 1975 (c. 65)

      6. 6.In section 25 of the Sex Discrimination Act 1975 (general...

      7. 7.Race Relations Act 1976 (c. 74)

      8. 8.In Schedule 1A (bodies and other persons subject to general...

      9. 9.Education (Fees and Awards) Act 1983 (c. 40)

      10. 10.Education (No. 2) Act 1986 (c. 61)

      11. 11.Education Act 1994 (c. 30)

      12. 12.Omit sections 12 to 17 of the Education Act 1994....

      13. 13.For section 18A of the Education Act 1994 substitute— Inspection...

      14. 14.In section 19 of the Education Act 1994 (interpretation)—

      15. 15.Omit Schedule 1 to the Education Act 1994.

      16. 16.Education Act 1996 (c. 56)

      17. 17.(1) Section 450 of the Education Act 1996 (prohibition of...

      18. 18.Audit Commission Act 1998 (c. 18)

      19. 19.Teaching and Higher Education Act 1998 (c. 30)

      20. 20.(1) In section 28(1) of the Teaching and Higher Education...

      21. 21.Government of Wales Act 1998 (c. 38)

      22. 22.Freedom of Information Act 2000 (c. 36)

      23. 23.Education Act 2002 (c. 32)

      24. 24.In section 145 of the Education Act 2002 (specification of...

      25. 25.Higher Education Act 2004 (c. 8)

      26. 26.In section 24 of the Higher Education Act 2004 (condition...

      27. 27.For section 27 of the Higher Education Act 2004 (power...

      28. 28.(1) Section 28 of the Higher Education Act 2004 (c....

      29. 29.In section 29 of the Higher Education Act 2004 (sections...

      30. 30.In section 31 of the Higher Education Act 2004 (Director...

      31. 31.In section 34 of the Higher Education Act 2004 (approval...

      32. 32.In section 37 of the Higher Education Act 2004 (enforcement...

      33. 33.In section 38 of the Higher Education Act 2004 (enforcement...

      34. 34.In section 40 of the Higher Education Act 2004 (provision...

      35. 35.(1) Section 41 of the Higher Education Act 2004 (interpretation...

      36. 36.In section 48 of the Higher Education Act 2004 (c....

    15. SCHEDULE 15

      Transitional and transitory provisions relating to Part 3

      1. 1.Interpretation

      2. 2.Renaming of Agency

      3. 3.Any reference to the Training and Development Agency for Schools...

      4. 4.Existing members of Agency

      5. 5.Inspection of teacher training

      6. 6.Duty to have regard to needs of disabled persons

    16. SCHEDULE 16

      Funding of maintained schools

      1. 1.In this Schedule “the 1998 Act” means the School Standards...

      2. 2.Power to provide for budgets to relate to period other than financial year

      3. 3.Determination of budgets

      4. 4.After section 45A insert— Power to require LEAs in England...

      5. 5.For sections 45B and 45C of the 1998 Act substitute—...

      6. 6.Determination of schools' budget shares

      7. 7.Functions of schools forum

      8. 8.Certain regulations to be subject to affirmative procedure

    17. SCHEDULE 17

      Foundation, voluntary and foundation special schools: disposal of land

      1. 1.Schedule 22 to the School Standards and Framework Act 1998...

      2. 2.(1) Paragraph 1 (disposal of land by governing body of...

      3. 3.In paragraph 2 (disposal of land by foundation body), in...

      4. 4.After paragraph 2 insert— Disposal of land by trustees of...

      5. 5.(1) Paragraph 3 (disposal of land by trustees of foundation,...

      6. 6.(1) Paragraph 5 (discontinuance of foundation, voluntary and foundation special...

    18. SCHEDULE 18

      Further amendments related to provisions of Part 4

      1. 1.Children Act 1989 (c. 41)

      2. 2.Education Act 1996 (c. 56)

      3. 3.In section 444A of the Education Act 1996 (penalty notice...

      4. 4.The references in section 23(9) and (10) of the Anti-social...

      5. 5.(1) Section 494 of the Education Act 1996 (recoupment: excluded...

      6. 6.In section 566 of the Education Act 1996 (evidence: documents),...

      7. 7.School Standards and Framework Act 1998 (c. 31)

      8. 8.In section 50 of the School Standards and Framework Act...

      9. 9.In section 51A of the School Standards and Framework Act...

      10. 10.(1) Section 52 of the School Standards and Framework Act...

      11. 11.(1) In Schedule 15 to the School Standards and Framework...

      12. 12.Learning and Skills Act 2000 (c. 21)

      13. 13.(1) Section 36 of the Learning and Skills Act 2000...

      14. 14.Education Act 2002 (c. 32)

      15. 15.Anti-social Behaviour Act 2003 (c. 38)

    19. SCHEDULE 19

      Repeals

      1. Part 1 School inspections

      2. Part 2 School organisation

      3. Part 3 Training the school workforce

      4. Part 4 Repeals relating to Part 4

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