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Education Act 2005

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Education Act 2005. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background

  3. Summary and Overview

  4. Territorial Extent

  5. Territorial Application: Wales

  6. Commentary

    1. Part 1: School Inspections and Other Inspections by School Inspectors

      1. Chapter 1 – School Inspectors and School Inspections: England

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

        2. Schedule 1: Her Majesty’s Chief Inspector of Schools in England

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

        4. Section 3: Annual and other reports to Secretary of State

        5. Section 4: Powers of entry for purposes of section 2

        6. Section 5: Duty to inspect certain schools at prescribed intervals

        7. Section 6: Duty to notify parents of section 5 inspection

        8. Section 7: Duty to have regard to views of certain persons

        9. Section 8: Inspection at discretion of Chief Inspector

        10. Section 9: Power of Chief Inspector to treat discretionary inspection as section 5 inspection

        11. Section 10: Power of entry for purposes of inspection under section 5 or 8

        12. Section 11: Publication of inspection reports

      2. Chapter 2 – Procedure for Inspections under Chapter 1

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

        2. Section 14: Destination of reports: maintained schools

        3. Section 15: Measures to be taken by local education authority

        4. Section 16: Destination of reports: non-maintained schools

        5. Section 17: Statement to be prepared by proprietor of school

      3. Chapter 3 – School Inspectors and School Inspections: Wales

        1. Section 19 and Schedule 2: Her Majesty’s Inspectorate of Education and Training in Wales

        2. Section 20: Functions of Chief Inspector

        3. Section 21: Annual and other reports to the Assembly

        4. Section 22: Power of Assembly to establish advisory panel

        5. Section 23: Powers of entry of Chief Inspector

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

        7. Section 25: Registration of inspectors in Wales

        8. Section 26: Removal from register and imposition or variation of conditions

        9. Section 27 and Schedule 3: Appeals in relation to registration

        10. Section 28 and Schedule 4: Duty to arrange regular inspections of certain schools

        11. Section 29: Publication of inspection reports

        12. Section 30: Payment of fees into Consolidated Fund

      4. Chapter 4 – Procedure for Inspections under Chapter 3

        1. Section 32: Inspections by members of the Inspectorate

        2. Section 33: Duty to report on section 28 inspections

        3. Sections 32-33: Section 28 inspections by registered inspectors and reports of inspections by members of the Inspectorate

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

        5. Section 37: Duty to notify where inspection shows maintained school causing concern

        6. Section 38: Destination of reports: maintained schools

        7. Section 39: Statement to be prepared by appropriate authority

        8. Section 40: Statement to be prepared by local education authority

        9. Section 41: Destination of reports: non-maintained schools

        10. Section 42: Statement to be prepared by proprietor of school

      5. Chapter 5 – Schools Causing Concern

        1. Section 44: Categories of schools causing concern

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

        3. Section 46: Sixth forms requiring significant improvement

        4. Schedule 5: Sixth forms requiring significant improvement

      6. Chapter 6 – Other Inspections: England and Wales

        1. Section 48: Inspection of religious education: England

        2. Section 49: Procedure for inspections under section 48

        3. Section 50 and Schedule 6: Inspection of religious education: Wales

        4. Section 51: Power of LEA to inspect maintained school for specific purpose

        5. Section 52: Provision of inspection services by LEAs in Wales

        6. Section 53: Inspection of child minding, day care and nursery education

        7. Schedule 7: Inspection of child minding, day care and nursery education

        8. Section 54:  Inspection of independent schools

        9. Schedule 8: Amendments relating to inspection of independent schools

        10. Section 55: Inspection of careers services in Wales

        11. Section 56: Inspection of services related to careers services in Wales

        12. Section 57: Inspections under sections 55 and 56

      7. Chapter 7 - Supplementary

        1. Section 58: Inspection of computer records

        2. Section 59: Combined reports

        3. Section 61: Further amendments relating to school inspection

        4. Schedule 9: Amendments relating to school inspections

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

    2. Part 2: School Organisation

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

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

      3. Section 66 and Schedule 10: Proposals for new secondary schools in England and proposals under section 66 for establishment of secondary schools: supplementary

      4. Section 67 and Schedule 11: Rationalisation of school places in England

      5. Section 68: Proposals for establishment of federated schools

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

      7. Section 70: Proposals for discontinuance of rural primary school

      8. Section 71: Proposals relating to maintained special school

      9. Section 72 and Schedule 12: School organisation: further amendments

    3. Part 3: Training the School Workforce

      1. Section 74: The Training and Development Agency for Schools

      2. Section 75:  Functions of the Agency

      3. Section 76:  Powers of the Agency in Wales

      4. Section 77:  Membership of Agency

      5. Schedule 13: The Training and Development Agency for Schools

      6. Sections 78 to 80: Powers of the Agency to provide financial support

      7. Section 81:  Grants to Agency by Secretary of State

      8. Section 82:  Grants to the Agency by the Assembly

      9. Section 83:  Non-funding functions of the Agency

      10. Section 84:  Directions by the Secretary of State and Assembly

      11. Sections 85 to 91: Provisions relating to HEFCW

      12. Section 92:  Joint exercise of functions

      13. Section 94: Duty to provide information

      14. Section 95: Power of maintained schools to provide training for the school workforce

      15. Section 99 and Schedule 14:  Amendments relating to the training of the school workforce

    4. Part 4: Miscellaneous

      1. Maintained schools

        1. Section 101: Funding of maintained schools

        2. Schedule 16: Funding of maintained schools

        3. Section 102: LEA targets: England

        4. Section 103: Removal of requirements for governors’ reports and parents’ meetings

        5. Section 104: School profiles

        6. Section 105: Provision and funding of higher education in maintained schools

        7. Section 106: Admission arrangements to make special provision for looked-after children

        8. Section 107 and Schedule 17: Restrictions on disposal of land

      2. Information

        1. Section 108: supply of information: education maintenance allowances

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

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

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

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

        6. Section 114: Supply of information about school workforce

      3. Attendance at alternative education provision

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

        2. Section 116: Failure of a parent to secure regular school attendance of a child at alternative provision

        3. Section 117: Further amendments

        4. Schedule 18: Further amendments related to Part 4

    5. Part 5: General

      1. Section 124: Power to make further supplementary, consequential provision

  7. Commencement

  8. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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