Search Legislation

Education Act 2011

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 11/01/2017.

Changes to legislation:

There are currently no known outstanding effects for the Education Act 2011, Part 5 . 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.

Part 5 E+WEducational institutions: other provisions

Repeal of duties of governing bodies, local authorities and othersE+W

32Duty to prepare and publish school profileE+W

(1)Section 30A of EA 2002 (duty of governing body of maintained school in England to prepare and publish school profile) is repealed.

(2)In consequence of subsection (1), section 104 of EA 2005 (insertion of section 30A of EA 2002) is repealed.

Commencement Information

I1S. 32 in force at 1.2.2012 by S.I. 2012/84, art. 3

33Duty to appoint school improvement partnersE+W

(1)Section 5 of EIA 2006 (requirement for local authority to appoint school improvement partner for each school they maintain) is repealed.

(2)In consequence of subsection (1), in section 187(3) of EIA 2006 (provisions to be read as if they were contained in EA 1996), omit paragraph (a).

34Duties in relation to school admissionsE+W

(1)Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2)In section 85A (admission forums)—

(a)in subsection (1)—

(i)in the opening words, after “authority” insert “ in Wales ”;

(ii)at the end of paragraph (a), insert “ and ”;

(iii)omit paragraph (c) (and the “and” preceding it);

(b)omit subsections (1A) to (1C);

(c)in subsection (3), omit paragraph (ba) (but not the “and” following it);

(d)omit subsection (3A);

(e)omit subsections (5A) and (5B).

(3)In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (3), omit paragraph (b) (and the “or” preceding it).

(4)Section 88J (changes to admission arrangements by schools adjudicator) is repealed.

(5)In section 88P (reports by local authorities)—

(a)in subsection (1) for “prescribed” substitute “ required by the code for school admissions ”;

(b)omit subsections (4) and (5).

(6)Schedule 10 (consequential amendments) has effect.

Commencement Information

I2S. 34 in force at 1.2.2012 by S.I. 2012/84, art. 3

35Duties in relation to school meals etcE+W

(1)Part 9 of EA 1996 (ancillary functions) is amended as follows.

(2)In section 512ZA (power to charge for meals etc)—

(a)after subsection (1) insert—

(1A)Where a local authority in England exercise the power to charge under subsection (1), the price they charge for an item must not exceed the cost of providing that item.;

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 533 (functions of governing bodies of maintained schools with respect to provision of school meals etc)—

(a)after subsection (3) insert—

(3A)Where the governing body of a school in England exercise the power to charge under subsection (3), the price they charge for an item must not exceed the cost of providing that item.;

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3S. 35 in force at 1.2.2012 by S.I. 2012/84, art. 3

AdmissionsE+W

36Objections to admission arrangementsE+W

(1)Section 88H of SSFA 1998 (reference of objections to adjudicator) is amended as set out in subsections (2) to (6).

(2)In subsection (2)—

(a)in paragraph (a), for “an appropriate person” substitute “ a body or person ”;

(b)after “that” insert “ body or ”.

(3)Omit subsection (3).

(4)In subsection (4) omit “or (3)”.

(5)In subsection (5)—

(a)in paragraph (a)(i) omit “or (3)”;

(b)in paragraph (a)(ii) for “(3)” substitute “ (2) ”;

(c)in paragraph (c) omit “or (3)”;

(d)in paragraph (d) omit “or (3)”.

(6)Omit subsection (6).

(7)In section 88K of SSFA 1998 (sections 88H to 88J: supplementary), for subsection (2)(b) substitute—

(b)any other person or body.

Commencement Information

I4S. 36 in force at 1.2.2012 by S.I. 2012/84, art. 3

New schoolsE+W

37Establishment of new schoolsE+W

Schedule 11 (establishment of new schools) has effect.

Commencement Information

I5S. 37 in force at 1.2.2012 for specified purposes by S.I. 2012/84, art. 3 (with art. 4)

I6S. 37 in force at 1.9.2012 for specified purposes by S.I. 2012/2213, art. 2

Governing bodies: constitution and dissolutionE+W

38Constitution of governing bodies: maintained schools in EnglandE+W

(1)Section 19 of EA 2002 (governing bodies) is amended as follows.

(2)After subsection (1) insert—

(1A)Regulations must provide for a governing body of a maintained school in England to consist of—

(a)persons elected or appointed as parent governors,

(b)the head teacher of the school,

(c)a person elected as a staff governor,

(d)a person appointed as a local authority governor,

(e)in the case of a foundation school, a foundation special school or a voluntary school, persons appointed as foundation governors or partnership governors, and

(f)such other persons as may be prescribed.

(3)In subsection (2), after “governing body” insert “ of a maintained school in Wales ”.

(4)After subsection (4) insert—

(4A)Regulations made by virtue of subsection (3)(c) in relation to a maintained school in England may include provision for eligibility criteria for the school's local authority governor to be such as may be specified by the school's governing body.

(4B)Regulations made by virtue of subsection (3)(e) in relation to a maintained school in England may include provision allowing the head teacher of the school to resign from office as a governor (and to withdraw any such resignation).

39Discontinuance of federated school: governing body not to be dissolvedE+W

In paragraph 5 of Schedule 1 to EA 2002 (dissolution of school governing body on discontinuance of school), after sub-paragraph (1) insert—

(1A)Sub-paragraph (1) does not apply if—

(a)the school is a federated school in England, and

(b)immediately after the discontinuance date, there will be more than one other school remaining in the federation.

(1B)“Federation” and “federated school” have the meanings given by section 24(2).

Commencement Information

I8S. 39 in force at 1.9.2012 by S.I. 2012/1087, art. 3

StandardsE+W

40School inspections: exempt schoolsE+W

(1)Part 1 of EA 2005 (school inspections and other inspections by school inspectors) is amended as set out in subsections (2) to (8).

(2)In section 5 (duty to inspect certain schools at prescribed intervals)—

(a)in subsection (2), for “subsection (3)” substitute “ subsections (3) and (4A) ”;

(b)after subsection (4), insert—

(4A)Regulations may provide that this section does not apply to prescribed categories of school in prescribed circumstances.

(4B)A school to which this section does not apply by virtue of regulations under subsection (4A) is an “exempt school”.

(3)In section 6 (duty to notify parents of section 5 inspection), in subsection (1)—

(a)omit “to which section 5 applies”;

(b)for “that section” substitute “ section 5 ”.

(4)In section 8 (other inspections), at the end insert—

(3)If the Chief Inspector carries out an inspection of a school under subsection (2) in response to a request from the appropriate authority for the school, the Chief Inspector may charge the appropriate authority for the cost of the inspection.

(4)In subsection (3), “appropriate authority” has the meaning given by section 6(3).

(5)In section 9 (power of Chief Inspector to treat other inspection as section 5 inspection)—

(a)the existing provision is renumbered subsection (1);

(b)at the end insert—

(2)In the case of an inspection of an exempt school under section 8, the Chief Inspector may elect to treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5.

(3)In the case of an inspection of an exempt school under section 8(1), the Secretary of State may require the Chief Inspector to treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5.

(4)In the case of an inspection of a school under section 8(2) which is carried out in response to a request from the appropriate authority for the school, the Chief Inspector must treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5.

(5)In subsection (4), “appropriate authority” has the meaning given by section 6(3).;

(c)in the heading, for “of Chief Inspector” substitute “ or duty ”.

(6)In section 12 (interpretation of Chapter 1), after the definition of “the Chief Inspector” insert—

exempt school” has the meaning given in section 5(4B);.

(7)In section 15 (measures to be taken by local authority), in subsection (2C) for the words from “in respect of” to the end substitute “ which is not treated as a section 5 inspection by virtue of section 9 ”.

(8)In section 17 (statement to be prepared by proprietor of school), in subsection (1D) for the words from “in respect of” to the end substitute “ which is not treated as a section 5 inspection by virtue of section 9 ”.

(9)In section 121 of EA 2005 (parliamentary control of subordinate legislation)—

(a)in subsection (2)(a), after “subsection” insert “ (2A) or ”;

(b)after subsection (2) insert—

(2A)This subsection applies to regulations under section 5(4A) (power to prescribe schools exempt from inspection), apart from the first regulations to be made under that subsection.

(2B)A statutory instrument which contains (whether alone or with other provisions) regulations to which subsection (2A) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Commencement Information

I9S. 40 partly in force: s. 40(1)-(3)(5)-(9) in force at Royal Assent

I10S. 40(4) in force at 1.2.2012 by S.I. 2012/84, art. 3

41School inspections: matters to be covered in Chief Inspector's reportE+W

(1)In section 5 of EA 2005 (duty to inspect certain schools at prescribed intervals), for subsections (5) and (5A) (matters for report), substitute—

(5)It is the general duty of the Chief Inspector, when conducting an inspection under this section, to report on the quality of education provided in the school.

(5A)The Chief Inspector's report under subsection (5) must in particular cover—

(a)the achievement of pupils at the school;

(b)the quality of teaching in the school;

(c)the quality of the leadership in and management of the school;

(d)the behaviour and safety of pupils at the school.

(5B)In reporting under subsection (5), the Chief Inspector must consider—

(a)the spiritual, moral, social and cultural development of pupils at the school;

(b)the extent to which the education provided at the school meets the needs of the range of pupils at the school, and in particular the needs of—

(i)pupils who have a disability for the purposes of the Equality Act 2010, and

(ii)pupils who have special educational needs.

(2)In consequence of subsection (1), section 154 of EIA 2006 (amendments of section 5(5) of EA 2005) is repealed.

42Inspection of further education institutions: exempt institutionsE+W

(1)Chapter 3 of Part 8 of EIA 2006 (inspection of further education and training etc) is amended as set out in subsections (2) to (10).

(2)In section 125 (inspection of further education institutions)—

(a)in subsection (1), at the end insert “ subject to subsection (1A) ”;

(b)after that subsection insert—

(1A)The Secretary of State may by regulations provide that the duty of the Chief Inspector in subsection (1) does not apply to prescribed categories of institution in prescribed circumstances.

(1B)An institution to which the duty in subsection (1) does not apply by virtue of regulations under subsection (1A) is an “exempt institution”.;

(c)in subsection (2), for “The inspections” substitute “ Inspections under subsection (1) ”.

(3)Section 126 (other inspections) is amended as set out in subsections (4) to (9).

(4)After subsection (1), insert—

(1A)The Chief Inspector must inspect an exempt institution if requested to do so by the Secretary of State.

(5)After subsection (2) insert—

(2A)On completing an inspection under subsection (1) or (1A) conducted in response to a request from the Secretary of State or any other person or body, the Chief Inspector must—

(a)make a written report on the inspection;

(b)arrange for the report to be published in such manner as the Chief Inspector considers appropriate.

(6)In subsection (3), after “this section” insert “ conducted in any other case ”.

(7)In subsection (4), after “subsection (1)” insert “ or (1A) ”.

(8)After subsection (5) insert—

(5A)In the case of an inspection conducted under subsection (1) in response to a request from the provider of the education or training concerned, the Chief Inspector may charge the provider for the cost of the inspection.

(9)At the end, insert—

(8)In this section “exempt institution” has the meaning given by section 125(1B).

(10)In section 127 (action plans), in subsection (1) at the end insert “ or (1A) ”.

(11)In section 182 of EIA 2006 (parliamentary control of orders and regulations)—

(a)in subsection (2), after paragraph (a) insert—

(aa)regulations to which subsection (2A) applies,;

(b)after subsection (2) insert—

(2A)This subsection applies to regulations made under section 125(1A) (power to prescribe institutions exempt from inspection), apart from the first regulations to be made under that subsection.;

(c)in subsection (3), after paragraph (a) insert—

(aa)regulations to which subsection (2A) applies,.

Commencement Information

I11S. 42 partly in force: s. 42(1)-(7)(9)-(11) in force at Royal Assent

I12S. 42(8) in force at 1.2.2012 by S.I. 2012/84, art. 3

43Inspection of boarding accommodationE+W

(1)Part 12 of the Children Act 1989 (miscellaneous and general) is amended as follows.

(2)In section 87 (welfare of children in boarding schools and colleges)—

(a)after subsection (1), insert—

(1A)For the purposes of this section and sections 87A to 87D, a school or college provides accommodation for a child if—

(a)it provides accommodation for the child on its own premises, or

(b)it arranges for accommodation for the child to be provided elsewhere (other than in connection with a residential trip away from the school).;

(b)in subsection (3), for “he is accommodated” substitute “ accommodation for the child is provided ”;

(c)after subsection (3), insert—

(3A)Where accommodation is provided for a child by a school or college in England, the Secretary of State may at any time (including a time when the duty under subsection (3) is suspended by virtue of section 87A) direct the Chief Inspector for England to take the steps referred to in subsection (3).

(3B)Where accommodation is provided for a child by a school or college in Wales, the Welsh Ministers may, at any time when the duty under subsection (3) is suspended by virtue of section 87A, take the steps referred to in subsection (3).;

(d)in subsection (5), for “its duty” substitute “ any of its functions ”;

(e)in subsection (9A), for “he is accommodated” substitute “ accommodation for the child is provided ”.

(3)In section 87A (suspension of duty under section 87(3))—

(a)in subsection (1)(b), for “they are accommodated” substitute “ accommodation for the children is provided ”;

(b)after subsection (4) insert—

(4A)The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b).

(4)After section 87B insert—

87BAQuality assurance of inspectors under section 87A

(1)The Chief Inspector for England must, at intervals of no more than a year, prepare and send to the Secretary of State a report about inspectors who are appointed under section 87A in relation to schools or colleges in England.

(2)In preparing a report under this section the Chief Inspector for England must have regard to such matters as the Secretary of State may direct.

(3)The Secretary of State may in particular give directions about—

(a)matters to be taken into account in preparing a report, and

(b)the form and contents of a report.

(5)In section 87C (boarding schools: national minimum standards), in subsection (1), for “in” substitute “ by ”.

Commencement Information

I13S. 43 in force at 1.2.2012 by S.I. 2012/84, art. 3

44Schools causing concern: powers of Secretary of StateE+W

(1)Part 4 of EIA 2006 (schools causing concern: England) is amended as follows.

(2)In section 68 (power of Secretary of State to direct closure of school), in subsection (1), for “by virtue of section 62 (school requiring special measures)” substitute “ other than by virtue of section 60A ”.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I14S. 44 in force at 17.11.2011 by S.I. 2011/2750, art. 2

45Complaints: repeal of power to complain to Local CommissionerE+W

(1)Sections 206 to 224 of ASCLA 2009 (complaints against schools in England) are repealed.

(2)In consequence of subsection (1)—

(a)in section 409 of EA 1996 (complaints and enforcement: maintained schools)—

(i)in subsection (1), after “authority” insert “ in Wales ” and after “schools” insert “ in Wales ”;

(ii)in subsection (4), for “Secretary of State” substitute “ Welsh Ministers ”;

(iii)in the heading, after “schools” insert “ in Wales ”;

(b)in section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions), omit subsections (3) and (4);

(c)in section 497 of EA 1996 (Secretary of State's general default powers), omit subsections (4) and (5);

(d)in paragraph 6 of Schedule 1 (pupil referral units: complaints)—

(i)in sub-paragraph (3), after “local authority” insert “ in Wales ” and after “unit” insert “ in Wales ”;

(ii)in sub-paragraph (4), for “Secretary of State” substitute “ Welsh Ministers ”, after “any local authority” and “a local authority” insert insert “ in Wales ”, and after “pupil referral unit” insert “ in Wales ”;

(e)in paragraph 1 of Schedule 4 to the Local Government Act 1974 (disqualifications from acting as Local Commissioner or investigating complaint), omit sub-paragraphs (2C) and (2D);

(f)in section 262(6) of ASCLA 2009 (statutory instruments subject to affirmative procedure), omit paragraph (f);

(g)in Schedule 16 to ASCLA 2009 (repeals and revocations), omit Part 7 (complaints);

(h)section 22 of CSFA 2010 (amendments of sections 207 and 216 of ASCLA 2009) is repealed.

Commencement Information

I15S. 45 in force at 1.8.2012 by S.I. 2012/1087, art. 2 (with art. 6)

FinanceE+W

46Local authorities' financial schemesE+W

In Schedule 14 to SSFA 1998 (revision of local authority schemes), in paragraph 2A, at the end insert—

(4)The Secretary of State may by a direction revise the whole or any part of a scheme maintained by a local authority in England as from such date as may be specified in the direction.

(5)Before giving such a direction the Secretary of State must consult the local authority and such other persons as the Secretary of State thinks fit.

Commencement Information

I16S. 46 in force at 1.2.2012 by S.I. 2012/84, art. 3

47Payments in respect of dismissal, etcE+W

(1)Section 37 of EA 2002 (payments in respect of dismissal, etc) is amended as follows.

(2)After subsection (7), insert—

(7A)Any amount payable by virtue of subsection (7) by the governing body of a maintained school in England to the local authority may be met by the governing body out of the school's budget share for any funding period if and to the extent that the condition in subsection (7B) is met.

(7B)The condition is that the governing body are satisfied that meeting the amount out of the school's budget share will not to a significant extent interfere with the performance of any duty imposed on them by section 21(2) or by any other provision of the Education Acts.

(3)In subsection (8), after “maintained school” insert “ in Wales ”.

48Determination of permitted chargesE+W

(1)Section 456 of EA 1996 (regulation of permitted charges) is amended as follows.

(2)In subsection (4), after paragraph (a) insert—

(aa)attributable to the provision of the buildings and accommodation used in connection with the provision of the optional extra, or.

(3)In subsection (5), for “subsection (6)” substitute “ subsections (6) and (6A) ”.

(4)After subsection (6), insert—

(6A)Where the optional extra in question consists of education which is early years provision (as defined by section 20 of the Childcare Act 2006), the cost of its provision includes the costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the education.

Further education institutionsE+W

49Further education institutions: amendmentsE+W

Schedule 12 (further education institutions: amendments) has effect.

Commencement Information

I17S. 49 in force at 1.4.2012 by S.I. 2012/924, art. 2 (with arts. 6, 7)

Pupil referral unitsE+W

50Financing of pupil referral unitsE+W

(1)Section 45 of SSFA 1998 (financing of maintained schools: maintained schools to have budget shares) is amended as follows.

(2)In subsection (1A), omit “or” at the end of paragraph (b), and after paragraph (c) insert , or

(d)a pupil referral unit in England.

(3)In subsection (3)—

(a)in paragraph (a), after “pupil referral units” insert “ in Wales ”;

(b)after paragraph (a) insert—

(aa)references to the governing body of a maintained school or of a school maintained by a local authority shall be read, in relation to a pupil referral unit in England, as references to the management committee for the unit (in spite of paragraph 1 of Schedule 1 to the Education Act 1996);

(ab)references to governors shall be read, in relation to a pupil referral unit in England, as references to the members of the management committee for the unit;.

Commencement Information

I18S. 50 in force at 1.9.2012 for specified purposes by S.I. 2012/1087, art. 3

51Repeal of provision changing name of pupil referral unitsE+W

(1)ASCLA 2009 is amended as set out in subsections (2) and (3).

(2)In section 249 (short stay schools: miscellaneous)—

(a)omit subsections (1) and (2) (change of name from pupil referral unit to short stay school);

(b)for the heading, substitute “ Regulations about pupil referral units ”.

(3)For the italic cross-heading above section 249, substitute “ Pupil referral units ”.

(4)In Schedule 1 to EA 1996 (pupil referral units), in paragraph 3A—

(a)in sub-paragraph (a), for “short stay school” substitute “ pupil referral unit ”;

(b)in sub-paragraph (b), for “short stay schools”, in both places where it occurs, substitute “ pupil referral units ”.

Commencement Information

I19S. 51 in force at 15.1.2012 by S.I. 2012/84, art. 2

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.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

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