Search Legislation

Education Act 2005

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Education Act 1996 (c. 56)

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Education Act 2005, Cross Heading: Education Act 1996 (c. 56). Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Education Act 1996 (c. 56)E+W

2E+WIn section 317 of the Education Act 1996 (duties of governing body or [F1local authority] in relation to pupils with special educational needs), for subsections (5) to (7A) substitute—

(5)The governing body of a community, foundation or voluntary school, a maintained nursery school, or a community or foundation special school shall—

(a)in the case of a school in England, prepare a report containing special needs information, and

(b)in the case of a school in Wales, include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report).

(6)In subsection (5) “special needs information” means—

(a)such information as may be prescribed about the implementation of the governing body's policy for pupils with special educational needs, and

(b)information as to—

(i)the arrangements for the admission of disabled persons as pupils at the school,

(ii)the steps taken to prevent disabled pupils from being treated less favourably than other pupils,

(iii)the facilities provided to assist access to the school by disabled pupils, and

(iv)the plan prepared by the governing body under section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”).

(6A)In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 1995 Act; and section 28Q of the 1995 Act (interpretation) applies for the purposes of subsection (6)(b) as it applies for the purposes of Chapter 1 of Part 4 of that Act.

3E+WIn section 444A of the Education Act 1996 (penalty notice in respect of failure to secure attendance at school of registered pupil), in subsection (1), for paragraph (b) substitute—

(b)that the offence relates—

(i)to a relevant school in England,

(ii)in a case falling within subsection (1) of section 444ZA, to a place at which education is provided by a [F1local authority] in England, or

(iii)in a case falling within subsection (2) of that section, to a place at which a child is required to attend by the appropriate authority (within the meaning of that section) for a relevant school in England,.

4E+WThe references in section 23(9) and (10) of the Anti-social Behaviour Act 2003 (c. 38) to section 444A of the Education Act 1996 are to be read as references to that section as amended by paragraph 3 of this Schedule.

5(1)Section 494 of the Education Act 1996 (recoupment: excluded pupils) is amended as follows.E+W

(2)In subsections (1), (2) and (3), for “financial year” substitute “ funding period ”.

(3)After subsection (5) insert—

(6)In this section “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.

Commencement Information

I1Sch. 18 para. 5 partly in force; Sch.18 para. 5 not in force at Royal Assent see s. 125; Sch. 18 para. 5 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

I2Sch. 18 para. 5 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(e)

6E+WIn section 566 of the Education Act 1996 (evidence: documents), after subsection (2) insert—

(3)Where a child of compulsory school age is required to attend at—

(a)any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA, or

(b)any place in the circumstances mentioned in subsection (2) of that section,

subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).

Commencement Information

I3Sch. 18 para. 6 wholly in force at 1.9.2006; Sch. 18 para. 6 not in force at Royal Assent see s. 125; Sch. 18 para. 6 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 18 para. 6 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources