Education and Skills Act 2008 Explanatory Notes

1. Introduction

2. Summary and Background

3. Territorial Extent

4. Territorial Application: Wales

5. Commentary on Sections

   1. Local education authority

      1. Legal background

         1. Part 1: Duty to participate in education or training: England

            1. Sections 1 and 2: Duty to participate in education or training

            2. Sections 3 to 9: Interpretation

            3. Chapter 2: Local education authorities and educational institutions etc

               1. Section 10: Duty to promote fulfilment of duty imposed by section 2

               2. Section 11: Duty to promote good attendance

               3. Section 12: Duty to make arrangements to identify persons not fulfilling duty imposed by section 2

               4. Sections 13 to 17: Information

               5. Section 18: Guidance

            4. Chapter 3: Employers

               1. Sections 19 and 20: Interpretation

               2. Sections 21 to 26: Commencement of employment

               3. Sections 27 to 36: Employer to enable participation in education or training

               4. Sections 37 to 39: Supplementary

            5. Chapter 4: Parenting contracts and parenting orders

            6. Chapter 5: Attendance notices

               1. Sections 45 to 50: Initial steps, attendance notices, attendance panels and appeals

               2. Sections 51 to 60: Failure to comply with attendance notice

               3. Section 60: Review of initial operation of Chapter

            7. Chapter 6: Miscellaneous

         2. Part 2:  Support for participation in education or training: young adults with learning difficulties and young people in England

            1. Sections 68 to 79: Provision of support services

            2. Section 80: Assessments relating to learning difficulties

            3. Section 81: Careers education

            4. Section 82: Apprenticeships

            5. Section 83: Provision of transport etc for persons of sixth form age: duty to consider journey times

            6. Section 84: Exercise of travel functions by local education authorities in England: duty to have regard to religion or belief of persons of sixth form age

            7. Section 85: Co-operation as regards provision of 14-19 education and training

         3. Part 3: Adult Skills

            1. Section 86: Learning aims for persons aged 19 and over

               1. Learning aims for persons over 19: payment of tuition fees

                  1. Schedule 1A: Learning aims for persons aged 19 and over

            2. Sections 87 to 91: Assessments of effectiveness of education or training

         4. Part 4: Regulation and inspection of independent educational provision in England

            1. Chapter 1: Independent educational institutions in England

               1. Section 94: Standards

               2. Sections 95 to 97: Requirement of registration

               3. Sections 98 to 100: Registration Procedure

               4. Sections 101 to 105: Approval of material changes to registered details

               5. Sections 106 and 107: Independent inspectorates

               6. Sections 108 to 113: Inspections and reports

               7. Sections 114 to 118: Failure to meet standards

               8. Section 119: Unsuitable persons

               9. Sections 120 to 122: Emergencies

               10. Section 123: Provision of information by proprietors

               11. Sections 124 to 127: Appeals

               12. Sections 128 to 131: Prohibition on participation in management of independent educational institutions

               13. Sections 132 and 133:  Providers of independent education or training for 16 to 18 year olds

               14. Sections 134 to 138: Supplementary

               15. Sections 139, 140 and 141: Transitional provisions

            2. Chapter 2: Schools providing for special educational needs

               1. Section 142: Interpretation

               2. Section 143: Right of sixth-form pupils to opt out of religious worship

               3. Section 144: Protection of pupils in an emergency

               4. Section 145: Appeals

               5. Section 146: Abolition of requirement of approval for independent schools: England

               6. Section 147: Approval of independent schools: consequential amendments

               7. Section 148: Approval of independent schools: transitional provision

         5. Part 5: Miscellaneous and general

            1. Chapter 1: Powers of National Assembly for Wales

            2. Chapter 2: Miscellaneous

               1. Sections 150 to 153: School Admissions

               2. Sections 154 and 155: Maintained schools in England: behaviour and attendance etc

               3. Section 156: Assessment arrangements

               4. Sections 157 and 158: Pupils’ views

               5. Sections 159 to 163: External qualifications

               6. Section 164: Inspections of teacher training in England: removal of duty to notify

               7. Section 165: Constitution of schools forums

            3. Chapter 3: General

               1. Section 167: Functions exercisable by Welsh Ministers

               2. Section 168: General interpretation

               3. Section 170: Power to make consequential and transitional provision etc

6. Commencement

7. Hansard References