Education Act 2005
2005 c. 18 · Enacted 7 April 2005 · Extends to United Kingdom
C2Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Modifications
- C1
Act applied (1.4.2005) by The Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), reg 2, Sch. 2 para. 2
- C2
Act modified (temp.) (1.4.2007.) by Education and Inspections Act 2006 (c. 40), ss. 70, 188, Sch. 6 para. 3(3); S.I. 2007/935, art. 5(j)(bb)
Contents
- Part 1: School inspections and other inspections by school inspectors
- Chapter 1: School inspectors and school inspections: England
- Her Majesty's Inspectorate for England
- 1Her Majesty's Inspectorate of Schools in England Repealed
- 2Functions of Her Majesty's Chief Inspector of Schools in England Repealed
- 3Annual and other reports to Secretary of State Repealed
- 4Powers of entry etc. for purposes of section 2 Repealed
- Inspections
- 5Duty to inspect certain schools at prescribed intervals
- 6Duty to notify parents of section 5 inspection
- 7Duty to have regard to views of certain persons
- 8Other inspections
- 9Power or duty to treat other inspection as section 5 inspection
- 10Power of entry etc. for purposes of inspection under section 5 or 8
- "10AInterim statements between inspections
- Publication of inspection reports
- 11Publication of inspection reports
- Investigation of complaints
- 11APower of Chief Inspector to investigate complaints about schools
- 11BInvestigations under section 11A
- 11CReports of investigations
- Interpretation of Chapter
- 12Interpretation of Chapter 1
- Chapter 2: Procedure for inspections under Chapter 1
- Inspections and reports: all schools
- 13Duties of Chief Inspector where school causes or has caused concern
- Destination of reportsand interim statements and measures required: maintained schools
- 14Destination of reports: maintained schools
- 14ADestination of interim statements: maintained schools
- 15Measures to be taken by local authority
- Destination of reportsand interim statements and measures required: non-maintained schools
- 16Destination of reports: non-maintained schools
- 16ADestination of interim statements: non-maintained schools
- 17Statement to be prepared by proprietor of school
- Interpretation of Chapter
- 18Interpretation of Chapter 2
- Chapter 3: School inspectors and school inspections: Wales
- Her Majesty's Inspectorate for Wales
- 19Her Majesty's Inspectorate of Education and Training in Wales
- 20Functions of Chief Inspector
- 21Annual and other reports to Assembly
- 22Power of Assembly to establish advisory panel
- 23Powers of entry etc. of Chief Inspector
- 24Power of Chief Inspector to arrange for inspections
- Registered inspectors
- 25Registration of inspectors in Wales
- 26Removal from register and imposition or variation of conditions
- 27Appeals in relation to registration
- Inspections by registered inspectors and members of the Inspectorate
- 28Duty to arrange regular inspections of certain schools
- Publication of inspection reports
- 29Publication of inspection reports
- Receipts
- 30Payment of fees into Consolidated Fund
- Interpretation of Chapter
- 31Interpretation of Chapter 3
- Chapter 4: Procedure for inspections under Chapter 3
- Introductory
- 32Inspections by members of the Inspectorate
- Inspections and reports: all schools
- 33Duty to report on section 28 inspections
- 34Section 28 inspections by registered inspectors
- 35Reports of inspections by members of the Inspectorate
- 36Timing of section 28 inspections by registered inspectors
- Destination of reports and measures required: maintained schools
- 37Duty to notify where inspection shows maintained school causing concern
- 38Destination of reports: maintained schools
- 39Statement to be prepared by appropriate authority for school
- 40Statement to be prepared by local authority
- Destination of reports and measures required: non-maintained schools
- 41Destination of reports: non-maintained schools
- 42Statement to be prepared by proprietor of school
- Interpretation of Chapter
- 43Interpretation of Chapter 4
- Chapter 5: Schools causing concern
- 44Categories of schools causing concern
- Sixth forms requiring significant improvement in Wales
- 44ASchools with sixth forms
- 44BInspection reports on schools with sixth forms requiring significant improvement
- 44CReport after area inspection on schools with sixth forms requiring significant improvement
- 44DCopies of report and action plan
- 44EReport on sixth form schools causing concern after area inspection
- 44FInterpretation of sections 44A to 44E
- 45Cases where Secretary of State or Assembly may direct closure of school Repealed
- 46Sixth forms requiring significant improvement Repealed
- Chapter 6: Other inspections: England and Wales
- Inspection of religious education
- 47Meaning of “denominational education”
- 48Inspection of religious education: England
- 49Procedure for inspections under section 48
- 50Inspection of denominational education: Wales
- local authority inspections
- 51Power of local authority to inspect maintained school for specific purpose
- 52Provision of inspection services by local authorities in Wales
- Inspection of child minding, day care and nursery education
- 53Inspection of child minding, day care and nursery education
- Inspection of independent schools
- 54Inspection of independent schools
- Inspection of careers services in Wales
- 55Inspection of careers services in Wales
- 56Inspection of services related to careers services in Wales
- 57Inspections under sections 55 and 56: further provisions
- Chapter 7: Supplementary
- 58Inspection of computer records
- 59Combined reports
- 60Repeal of School Inspections Act 1996
- 61Further amendments relating to school inspection
- 62Power of Assembly to change inspection framework for Wales
- 63Interpretation of Part 1
- Part 2: School organisation
- 64Proposals not requiring consent of Secretary of State Repealed
- 65Publication of proposals with consent of Secretary of State Repealed
- 66Proposals for new secondary schools in England Repealed
- 67Rationalisation of school places in England Repealed
- 68Proposals for establishment of federated school in Wales Repealed
- 69local authority not to establish school on opposite side of Welsh border Repealed
- 70Proposals for discontinuance of rural primary school Repealed
- 71Proposals relating to maintained special school Repealed
- 72School organisation: further amendments
- 73Interpretation of Part 2 Repealed
- Part 3: Training the school workforce
- The Training and Development Agency for Schools
- 74The Training and Development Agency for Schools Repealed
- 75Functions of Agency Repealed
- 76Functions of Agency in relation to Wales Repealed
- 77Membership etc. of Agency Repealed
- 78Powers of Agency to provide financial support Repealed
- 79Forms of financial support under section 78 Repealed
- 80Provisions supplementary to sections 78 and 79 Repealed
- 81Grants to Agency by Secretary of State Repealed
- 82Grants to Agency by Assembly Repealed
- 83Non-funding functions of Agency Repealed
- 84Directions by Secretary of State and Assembly Repealed
- Functions of Welsh Ministers with respect to the school workforce
- 84AGeneral duty of Welsh Ministers with respect to teacher training
- 84BPower to promote careers in school workforce in Wales
- Funding of teacher training by Higher Education Funding Council for Wales
- 85Qualifying activities and eligible institutions in relation to HEFCW funding Repealed
- 86Grants, loans and other payments by HEFCW Repealed
- 87Provisions supplementary to section 86 Repealed
- 88Grants to HEFCW Repealed
- 89Power of HEFCW to carry out or commission research Repealed
- 90Supplementary and ancillary functions of HEFCW Repealed
- 91Directions by Assembly Repealed
- Common provisions
- 92Joint exercise of functions
- 93Efficiency studies
- 94Provision of information
- Provision of training in schools
- 95Power of maintained schools to provide training for the school workforce
- Supplementary
- 96Interpretation of references to training
- 97Institutions of a denominational character Repealed
- 98Further amendments relating to Part 3
- 99Transitional and transitory provisions relating to Part 3 Repealed
- 100Interpretation of Part 3
- Part 4: Miscellaneous
- Maintained schools
- 101Funding of maintained schools
- 102local authority targets: England
- 103Removal of requirements for governors' reports and parents' meetings
- 104School profiles Repealed
- 105Provision and funding of higher education in maintained schools
- 106Admission arrangements to make special provision for looked-after children Repealed
- 107Restrictions on disposal of land
- Information
- 108Supply of information: education maintenance allowances
- 109Unauthorised disclosure of information received under section 108
- 110Supply of information: free school lunches etc.
- 111Unauthorised disclosure of information received under section 110
- 112Power to provide that function of determining eligibility remains with local authority
- 113Information about the school workforce: introductory
- 114Supply of information about school workforce
- Attendance at alternative educational provision
- 115Power of governing body to make alternative provision for excluded pupils
- 116Failure of parent to secure regular attendance of child at alternative provision
- Supplementary
- 117Further amendments relating to Part 4
- 118Meaning of “the 2002 Act” in Part 4
- Part 5: General
- 119Functions to be exercisable by National Assembly for Wales
- 120Subordinate legislation: general provisions
- 121Parliamentary control of subordinate legislation
- 122General interpretation
- 123Repeals
- 124Power to make further supplementary and consequential provision etc.
- 125Commencement
- 126The appropriate authority by whom commencement order is made
- 127Extent
- 128Short title, etc.
- Schedule 1
- Chief Inspector's other staff
- 1Paragraph 1
- Additional inspectors
- 2Paragraph 2
- Remuneration, pensions etc.
- 3Paragraph 3
- Official seal
- 4Paragraph 4
- Performance of functions
- 5Paragraph 5
- Documentary evidence
- 6Paragraph 6
- Schedule 2: Her Majesty's Chief Inspector of Education and Training in Wales
- Chief Inspector's other staff
- 1Paragraph 1
- Additional inspectors
- 2Paragraph 2
- Remuneration, pensions etc.
- 3Paragraph 3
- Official seal
- 4Paragraph 4
- Performance of functions
- 5Paragraph 5
- Documentary evidence
- 6Paragraph 6
- Schedule 3: Registration of inspectors in Wales: tribunals hearing appeals under section 27
- Constitution of tribunals
- 1Paragraph 1
- Procedure of tribunals
- 2Paragraph 2
- Staff
- 3Paragraph 3
- Schedule 4: School inspections in Wales under section 28
- Interpretation
- 1Paragraph 1
- Selection of registered inspectors
- 2Paragraph 2
- Inspection teams
- 3Paragraph 3
- Enrolment of persons to act as team members
- 4Paragraph 4
- Training for inspections
- 5Paragraph 5
- Meeting with parents
- 6Paragraph 6
- Rights of entry etc.
- 7Paragraph 7
- Offence of obstructing inspector or inspection team
- 8Paragraph 8
- Replacement of inspector during course of inspection
- 9Paragraph 9
- Schedule 5: Sixth forms requiring significant improvement Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Schedule 6: Inspections of denominational education in Wales
- Interpretation
- 1Paragraph 1
- Inspectors' reports
- 2Paragraph 2
- Action plans
- 3Paragraph 3
- Schedule 7: Inspection of child minding, day care and nursery education
- Part 1: Child minding and day care: amendments of Children Act 1989
- 1Paragraph 1 Repealed
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 2: Nursery education: amendments of School Standards and Framework Act 1998
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Schedule 8: Inspection of independent schools
- 1Paragraph 1
- 2Paragraph 2 Repealed
- 3Paragraph 3
- 4Paragraph 4 Repealed
- 5Paragraph 5
- Schedule 9: Further amendments relating to school inspection
- Parliamentary Commissioner Act 1967 (c. 13)
- 1Paragraph 1
- Employment and Training Act 1973 (c. 50)
- 2Paragraph 2
- House of Commons Disqualification Act 1975 (c. 24)
- 3Paragraph 3
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 4Paragraph 4
- Education Reform Act 1988 (c. 40)
- 5Paragraph 5 Repealed
- Tribunals and Inquiries Act 1992 (c. 53)
- 6Paragraph 6
- Judicial Pensions and Retirement Act 1993 (c. 8)
- 7Paragraph 7
- ...
- 8Paragraph 8 Repealed
- Education Act 1996 (c. 56)
- 9Paragraph 9
- 10Paragraph 10
- Education Act 1997 (c. 44)
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- School Standards and Framework Act 1998 (c. 31)
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- Government of Wales Act 1998 (c. 38)
- 22Paragraph 22
- Protection of Children Act 1999 (c. 14)
- 23Paragraph 23
- Learning and Skills Act 2000 (c. 21)
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26
- 27Paragraph 27
- Education Act 2002 (c. 32)
- 28Paragraph 28
- 29Paragraph 29
- Nationality, Immigration and Asylum Act 2002 (c. 41)
- 30Paragraph 30
- Schedule 10 Repealed
- Part 1: Introductory Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Part 2: Approval of proposals by school organisation committee or adjudicator Repealed
- Submission of proposals to school organisation committee Repealed
- 3Paragraph 3 Repealed
- Approval of proposals Repealed
- 4Paragraph 4 Repealed
- Mandatory reference to adjudicator Repealed
- 5Paragraph 5 Repealed
- Effect of reference to adjudicator Repealed
- 6Paragraph 6 Repealed
- Proposals to establish Academy Repealed
- 7Paragraph 7 Repealed
- Provision of information Repealed
- 8Paragraph 8 Repealed
- Part local authorityPart 3: Determination by whether to implement proposals Repealed
- 9Paragraph 9 Repealed
- Part 4: Implementation of proposals Repealed
- Requirement to implement proposal to establish maintained school Repealed
- 10Paragraph 10 Repealed
- Proposals not falling to be implemented Repealed
- 11Paragraph 11 Repealed
- Requirement to implement proposals relating to community school Repealed
- 12Paragraph 12 Repealed
- Requirement to implement proposals relating to foundation or voluntary controlled school Repealed
- 13Paragraph 13 Repealed
- Requirement to implement proposals relating to voluntary aided school Repealed
- 14Paragraph 14 Repealed
- Proposals relating to Academy Repealed
- 15Paragraph 15 Repealed
- Schedule 11 Repealed
- Part 1: Introductory Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Part 2: Directions to bring forward proposals Repealed
- Directions to bring forward proposals to remedy excessive provision Repealed
- 3Paragraph 3 Repealed
- Directions to bring forward proposals to remedy insufficient provision Repealed
- 4Paragraph 4 Repealed
- Supplementary provisions Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Part 3: Proposals by Secretary of State Repealed
- 7Paragraph 7 Repealed
- Part 4: Procedure for dealing with proposals under paragraph 7 Repealed
- Objections Repealed
- 8Paragraph 8 Repealed
- Approval of proposals Repealed
- 9Paragraph 9 Repealed
- Reference to adjudicator of other proposals Repealed
- 10Paragraph 10 Repealed
- Local inquiry into proposals Repealed
- 11Paragraph 11 Repealed
- Proposals relating to Academy Repealed
- 12Paragraph 12 Repealed
- Implementation of proposals Repealed
- 13Paragraph 13 Repealed
- Part 5: Transitional exemption orders for purposes of Sex Discrimination Act 1975 Repealed
- 14Paragraph 14 Repealed
- Schedule 12: School organisation: further amendments
- Education Act 1996 (c. 56)
- 1Paragraph 1
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4
- 5Paragraph 5 Repealed
- School Standards and Framework Act 1998 (c. 31)
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- Education Act 2002 (c. 32)
- 16Paragraph 16
- Schedule 13: The Training and Development Agency for Schools Repealed
- Supplementary powers Repealed
- 1Paragraph 1 Repealed
- Chief officer Repealed
- 2Paragraph 2 Repealed
- Tenure of members of the Agency Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Salaries, allowances and pensions Repealed
- 5Paragraph 5 Repealed
- Staff Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Committees Repealed
- 8Paragraph 8 Repealed
- Delegation of functions Repealed
- 9Paragraph 9 Repealed
- Proceedings Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- Application of seal and proof of instruments Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- Accounts Repealed
- 17Paragraph 17 Repealed
- Annual reports Repealed
- 18Paragraph 18 Repealed
- Status of Agency Repealed
- 19Paragraph 19 Repealed
- Schedule 14: Amendments relating to the training of the school workforce
- Public Records Act 1958 (c. 51)
- 1Paragraph 1 Repealed
- Parliamentary Commissioner Act 1967 (c. 13)
- 2Paragraph 2 Repealed
- Superannuation Act 1972 (c. 11)
- 3Paragraph 3 Repealed
- House of Commons Disqualification Act 1975 (c. 24)
- 4Paragraph 4 Repealed
- Sex Discrimination Act 1975 (c. 65)
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Race Relations Act 1976 (c. 74)
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Education (Fees and Awards) Act 1983 (c. 40)
- 9Paragraph 9
- Education (No. 2) Act 1986 (c. 61)
- 10Paragraph 10
- Education Act 1994 (c. 30)
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Education Act 1996 (c. 56)
- 16Paragraph 16
- 17Paragraph 17
- Audit Commission Act 1998 (c. 18)
- 18Paragraph 18 Repealed
- Teaching and Higher Education Act 1998 (c. 30)
- 19Paragraph 19
- 20Paragraph 20
- Government of Wales Act 1998 (c. 38)
- 21Paragraph 21
- Freedom of Information Act 2000 (c. 36)
- 22Paragraph 22 Repealed
- Education Act 2002 (c. 32)
- 23Paragraph 23
- 24Paragraph 24 Repealed
- Higher Education Act 2004 (c. 8)
- 25Paragraph 25 Repealed
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36Paragraph 36
- Schedule 15: Transitional and transitory provisions relating to Part 3 Repealed
- Interpretation Repealed
- 1Paragraph 1 Repealed
- Renaming of Agency Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Existing members of Agency Repealed
- 4Paragraph 4 Repealed
- Inspection of teacher training Repealed
- 5Paragraph 5 Repealed
- Duty to have regard to needs of disabled persons Repealed
- 6Paragraph 6 Repealed
- Schedule 16: Funding of maintained schools
- 1Paragraph 1
- Power to provide for budgets to relate to period other than financial year
- 2Paragraph 2
- Determination of budgets
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Determination of schools' budget shares
- 6Paragraph 6
- Functions of schools forum
- 7Paragraph 7
- Certain regulations to be subject to affirmative procedure
- 8Paragraph 8
- Schedule 17: Foundation, voluntary and foundation special schools: disposal of land
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 18: Further amendments related to provisions of Part 4
- Children Act 1989 (c. 41)
- 1Paragraph 1
- Education Act 1996 (c. 56)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- School Standards and Framework Act 1998 (c. 31)
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Learning and Skills Act 2000 (c. 21)
- 12Paragraph 12
- 13Paragraph 13 Repealed
- Education Act 2002 (c. 32)
- 14Paragraph 14
- Anti-social Behaviour Act 2003 (c. 38)
- 15Paragraph 15
- Schedule 19: Repeals
- 1School inspections
- 2School organisation
- 3Training the school workforce
- 4Repeals relating to Part 4