Search Legislation

Education Act 2002

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 09/01/2004.

Changes to legislation:

Education Act 2002, Part 3 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Part 3E+WRepeals coming into force in accordance with section 216(4)

Commencement Information

I1Sch. 22 Pt. 3 partly in force; Sch. 22 Pt. 3 not in force at Royal Assent, see s. 216; Sch. 22 Pt. 3 in force for E. for specified purposes at 26.7.2002 by S.I. 2002/2002, art. 3; Sch. 22 Pt. 3 in force for E. for specified purposes at 2.9.2002 by S.I. 2002/2002, art. 4; Sch. 22 Pt. 3 in force for E. for specified purposes at 1.10.2002 by S.I. 2002/2439, art. 3 (with Sch.); Sch. 22 Pt. 3 in force for E. for specified purposes at 20.1.2003 by S.I. 2002/2952, art. 2 (with art. 3, Sch. paras. 2-4); Sch. 22 Pt. 3 in force for W. for specified purposes at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I (with art. 7)

I2Sch. 22 in force at 1.6.2003 for specified purposes except in relation to W. by S.I. 2003/1115, art. 3

I3Sch. 22 Pt. 3 in force at 31.3.2003 for specified purposes for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I4Sch. 22 Pt. 3 in force at 1.8.2003 for specified purposes for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

I5Sch. 22 Pt. 3 in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3 (with Sch. paras. 2, 3) (which transitional provisions in Sch. para. 2 are omitted (10.9.2005) by virtue of S.I. 2005/2570, art. 2(b))

I6Sch. 22 Pt. 3 in force at 1.9.2003 for specified purposes for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I7Sch. 22 Pt. 3 in force at 1.9.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 4

I8Sch. 22 Pt. 3 in force at 1.10.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 5

I9Sch. 22 Pt. 3 in force at 4.12.2003 for specified purposes for W. by S.I. 2003/2961, art. 5, Sch. Pt. II

I10Sch. 22 Pt. 3 in force at 1.1.2004 for specified purposes for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

I11Sch. 22 Pt. 3 in force at 9.1.2004 for specified purposes for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV

Short title and chapterExtent of repeal
Education Act 1967 (c. 3).The whole Act, so far as unrepealed.
Local Government Act 1974 (c. 7).Section 25(5)(b).
Sex Discrimination Act 1975 (c. 65).In Schedule 2, paragraph 4.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30).Section 40.
Education (Fees and Awards) Act 1983 (c. 40).Section 1(6).
Education Act 1986 (c. 40).

Section 1(1)(b) and the word “and” immediately preceding it.

Sections 2 to 4.

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

Section 49.

In section 50—

(a) in subsection (1), paragraph (b) and the word “and” immediately preceding it, and

(b) in subsection (3A), the words from “by the Secretary of State” to “teachers”.

Education Reform Act 1988 (c. 40).

Section 160.

Sections 210 and 211.

Sections 218 and 218A.

Children Act 1989 (c. 41).

In section 19, subsections (1) and (2) and in subsection (4) the words “the two authorities or, in Scotland,”.

In section 79M(1), the word “or” at the end of paragraph (a).

Section 79P(4)(d) and the preceding “and”.

In section 79U, subsection (5) and, in subsection (9), the definition of “authorised inspector”.

Environmental Protection Act 1990 (c. 43).Section 98(2)(c)(ii).
Further and Higher Education Act 1992 (c. 13).

In section 23(4), paragraph (b) and the word “and” immediately preceding it.

In section 37, subsection (1)(b) and the word “or” immediately preceding it and subsections (8)(a) and (9).

Sections 39 to 42.

Section 60.

In Schedule 8, paragraphs 46, 47, 49, 83 and 90.

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

In Schedule 5, the reference to “Chairman of an Independent Schools Tribunal”.

In Schedule 7, paragraph 5(5)(xxvii).

Education Act 1994 (c. 30).

Section 4(4).

In section 14, subsections (1), (3) and (4).

In Schedule 2, paragraph 8(4).

Disability Discrimination Act 1995 (c. 50).

Section 28Q(12).

In Schedule 4A, in the Table in paragraph 1, paragraph 3.

Nursery Education and Grant-Maintained Schools Act 1996 (c. 50).The whole Act so far as unrepealed.
Education Act 1996 (c. 56).

In section 2(3)(a) the words “(including vocational, social, physical and recreational training)”.

In section 4(1) the words “part-time education suitable to the requirements of junior pupils or”.

In section 5(1) the words “part-time education suitable to the requirements of junior pupils or”.

Section 29(6).

In section 316A(11)(b) the words “a maintained nursery school or”.

In section 317 subsection (3)(b) and the word “and” preceding it.

In section 318, in subsection (3A) paragraph (b) and the word “or” immediately preceding it.

In section 329A(13)(a), the words “a maintained nursery school or”.

Sections 350 to 369.

Section 408(4)(a).

In section 409(1), the words “with the approval of the Secretary of State and”.

Section 410.

Sections 464 to 478.

Section 483(3A).

Section 483A(7).

In section 484, in subsection (2) the words “England and” and subsection (6).

Sections 486 to 488.

Sections 490 to 492

Section 497A(3).

Section 509(6).

In section 509A(5)(b), sub-paragraph (ii) and the word “or” immediately preceding it.

Section 537(9) and (10).

In section 545(2)(a), the words “or section 218(7) of the Education Reform Act 1988”.

In section 548(8), in paragraph (b), sub-paragraph (ii) and the word “or” preceding that sub-paragraph, and paragraph (c).

In section 568, in subsection (2) the words “sections 468, 471(1) and 474”, in subsection (3) the words from “section 354(6)” to “401”, and subsection (4).

In section 578, the entries relating to the Education Act 1967 and the Nursery Education and Grant-Maintained Schools Act 1996.

In section 580, the entries relating to—

city academy;

city college for the technology of the arts;

city technology college;

register, registration;

registered school;

Registrar of Independent Schools.

In Schedule 1, paragraph 7.

Schedule 34.

In Schedule 37, paragraphs 13 and 55, in paragraph 65(2), paragraph (b) and the word “and” immediately preceding it, paragraph 76 and paragraph 131.

School Inspections Act 1996 (c. 57).

In section 3(3), the word “and” at the end of paragraph (a).

In section 6(3), the word “and” at the end of paragraph (a).

In section 10, subsection (3)(e) and, in subsection (4B), paragraph (f) and the preceding “or”.

In section 11(5), in paragraph (a), “(e)” and paragraph (b).

In section 15(4)(c) the words “except where the school is a maintained nursery school”.

In section 16(3), the word “and” preceding paragraph (d).

In section 20(3), paragraph (b) and the preceding “or”.

In section 21—

in subsection (3)(b) the words “except in the case of a maintained nursery school”, and in subsection (4), paragraph (b) and the preceding “or”.

In Schedule 3, in the definition of “appropriate authority” in paragraph 1, paragraph (b), and in paragraph (c), “(e)”.

Education Act 1997 (c. 44).

Chapter 1 of Part 4.

Section 49.

In Schedule 7, paragraphs 8, 9(3), 14, 27, 28 and 36.

Police Act 1997 (c. 50).

In section 113—

(a) in subsection (3A), paragraph (a)(ii) and (iii), and

(b) in subsection (3B), paragraph (c) and the words from “and the reference” to the end.

Section 115(6A)(a)(ii) and (iii).

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

Section 1(8).

In section 3—

(a) the words “within the meaning of section 218(2) of the Education Reform Act 1988”, and

(b) subsection (3)(c).

Section 10.

Section 11.

Section 13.

Section 18.

In Schedule 2, paragraph 1(5).

In Schedule 3, paragraph 5.

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

Section 3.

Section 7(10).

Section 10(3) and (7).

In section 11, in subsection (2) the words from “and” to the end, and subsection (3).

Section 16(4) and (13).

In section 22(1), in paragraph (b) the words “under section 28 or 31” and in paragraph (c) the words “under section 28”.

In section 33(1), the word “and” at the end of paragraph (b).

Sections 36 to 44.

Section 46.

In section 52(2), the word “and” at the end of paragraph (b).

Sections 54 to 57.

In section 63, in subsections (1) and (3) the word “unauthorised” and, in subsection (4), the definition of “unauthorised absence”.

Sections 64 to 68.

In section 84(6), the definition of “the relevant standard number”.

Section 86(3)(b) and (6).

Section 91.

Section 93.

Section 115.

In section 119(5), the word “and” at the end of paragraph (a).

In section 120(2)(a), the words “of proposals” and “and”.

In section 121, in subsection (1), the words “the authority’s statement of proposals” and in subsection (9) the words “early years development”.

Section 127(6)(e), (f), (h), (i) and (k).

In section 138—

(a) in subsection (2)(b), the words “paragraph 3(5) or 4 of Schedule 10”,

(b) in subsection (4)(b), the words “paragraph 4 or 8 of Schedule 23 or”, and

(c) in subsection (5), paragraph (a) (ii) and (iii) and, in paragraph (b)(ii), the word “46”.

In section 143, the entries relating to local schools budget and relevant standard number.

In Schedule 4, paragraph 5(4)(e).

In Schedule 6—

in paragraph 3(2), the word “or” at the end of paragraph (b);

in paragraph 4(3), the word “or” at the end of paragraph (d);

in paragraph 4(5), the word “or” at the end of paragraph (a);

in paragraph 5(9), the words “or (8)”;

in paragraph 10(6), the words “or (5)”.

Schedules 9 to 13.

Schedules 16 to 18.

Schedules 23 to 25.

In Schedule 26, in paragraph 1, sub-paragraph (1)(c) and the word “or” preceding it, and paragraphs 6(4), 8(9) and 15.

In Schedule 28, paragraph 4(1) and Part 2.

In Schedule 30—

paragraph 3(3),

paragraph 14,

paragraph 17,

paragraph 47(a),

paragraph 56,

in paragraph 74 sub-paragraphs (2) and (3) and in sub-paragraph (4) paragraph (b) and the word “and” preceding it,

paragraphs 85 to 90,

paragraph 133(b),

paragraph 194(3)(a)(ii),

paragraph 204(b).

Protection of Children Act 1999 (c. 14).

Section 5.

In section 7—

(a) subsection (1)(a)(ii) and (iii),

(b) the word “and” immediately preceding subsection (2)(c), and

(c) subsection (4).

In section 9(2), the word “or” at the end of paragraph (d).

In section 12(2), the definition of “the 1988 Act”.

Employment Relations Act 1999 (c. 26).Section 40.
Immigration and Asylum Act 1999 (c. 33).In Schedule 14, paragraph 117.
Care Standards Act 2000 (c.14).

Section 100.

In Schedule 4, paragraph 24.

Learning and Skills Act 2000 (c. 21).

Sections 130 to 132.

Section 148(2).

In Schedule 7, in paragraph 35(1), the word “or” at the end of paragraph (b).

Schedule 8.

In Schedule 9, paragraphs 18, 26, 30, 35 and 58, in paragraph 59, sub-paragraphs (6)(b), (7)(b) and (c) and (8), and paragraph 91.

Criminal Justice and Court Services Act 2000 (c. 43).

Section 35(5).

In Schedule 7, paragraph 83.

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 the Whole Act without Schedules

The Whole Act without 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?

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