OpenLegislation

Education Act 2005 in Scotland

2005 c. 18 · Enacted 7 April 2005 · Extends to United Kingdom

Not fully up to date. 15 changes made by later legislation have not yet been written into this text, which is revised to 1 September 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 18 para. 2omittedAdditional Learning Needs and Education Tribunal (Wales) Act 2018 Sch. 1 para. 6(h)
Sch. 7 para. 6repealedChildren and Families (Wales) Measure 2010 Sch. 2
Sch. 7 para. 5repealedChildren and Families (Wales) Measure 2010 Sch. 2
s. 5(2)(g)substitutedEducation and Skills Act 2008 Sch. 1 para. 26
s. 28(2)(d)substitutedEducation and Skills Act 2008 Sch. 1 para. 27
Sch. 9 para. 26repealedEducation and Skills Act 2008 Sch. 2
s. 110(3)words repealedWelfare Reform Act 2012 Sch. 14 Pt. 1
s. 108(1)(a)words repealedWelfare Reform Act 2012 Sch. 14 Pt. 1
s. 110(1)repealedWelfare Reform Act 2012 Sch. 14 Pt. 1
s. 122(3)(c)omittedDeregulation Act 2015 s. 66(4)
s. 102omittedDeregulation Act 2015 s. 66(3)
s. 49(4)substitutedDeregulation Act 2015 Sch. 16 para. 6(4)
s. 11C(4)omittedDeregulation Act 2015 Sch. 16 para. 6(2)(a)
s. 14A(4)omittedDeregulation Act 2015 Sch. 16 para. 6(2)(b)
s. 14(4)substitutedDeregulation Act 2015 Sch. 16 para. 6(3)

An Act to make provision about the inspection of schools, child minding, day care, nursery education and careers services; to make other provision about school education; to make provision about the training of persons who work in schools and other persons who teach, about the supply of personal information for purposes related to education and about the attendance of children at educational provision outside schools; and for connected purposes.

[7th April 2005] C1

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

  1. Her Majesty's Inspectorate for England
  2. Inspections
  3. 7Duty to have regard to views of certain persons
  4. 10Power of entry etc. for purposes of inspection under section 5 or 8
  5. "10AInterim statements between inspections
  6. Publication of inspection reports
  7. Investigation of complaints
  8. 11APower of Chief Inspector to investigate complaints about schools
  9. 11BInvestigations under section 11A
  10. 11CReports of investigations
  11. Interpretation of Chapter
  12. Chapter 2: Procedure for inspections under Chapter 1
  13. Inspections and reports: all schools
  14. 13Duties of Chief Inspector where school causes or has caused concern
  15. Destination of reportsand interim statements and measures required: maintained schools
  16. Destination of reportsand interim statements and measures required: non-maintained schools
  17. 16Destination of reports: non-maintained schools
  18. 16ADestination of interim statements: non-maintained schools
  19. Interpretation of Chapter
  20. Chapter 3: School inspectors and school inspections: Wales
  21. Her Majesty's Inspectorate for Wales
  22. 21Annual and other reports to Assembly
  23. 22Power of Assembly to establish advisory panel
  24. 23Powers of entry etc. of Chief Inspector
  25. 24Power of Chief Inspector to arrange for inspections
  26. Registered inspectors
  27. 25Registration of inspectors in Wales
  28. 26Removal from register and imposition or variation of conditions
  29. 27Appeals in relation to registration
  30. Inspections by registered inspectors and members of the Inspectorate
  31. Publication of inspection reports
  32. 29Publication of inspection reports
  33. Receipts
  34. 30Payment of fees into Consolidated Fund
  35. Interpretation of Chapter
  36. Chapter 4: Procedure for inspections under Chapter 3
  37. Introductory
  38. 32Inspections by members of the Inspectorate
  39. Inspections and reports: all schools
  40. 33Duty to report on section 28 inspections
  41. 34Section 28 inspections by registered inspectors
  42. 35Reports of inspections by members of the Inspectorate
  43. 36Timing of section 28 inspections by registered inspectors
  44. Destination of reports and measures required: maintained schools
  45. 37Duty to notify where inspection shows maintained school causing concern
  46. 39Statement to be prepared by appropriate authority for school
  47. 40Statement to be prepared by local authority
  48. Destination of reports and measures required: non-maintained schools
  49. Interpretation of Chapter
  50. 44Categories of schools causing concern
  51. Sixth forms requiring significant improvement in Wales
  52. 44ASchools with sixth forms
  53. 44BInspection reports on schools with sixth forms requiring significant improvement
  54. 44CReport after area inspection on schools with sixth forms requiring significant improvement
  55. 44DCopies of report and action plan
  56. 44EReport on sixth form schools causing concern after area inspection
  57. 44FInterpretation of sections 44A to 44E
  58. 47Meaning of “denominational education”
  59. 48Inspection of religious education: England
  60. 49Procedure for inspections under section 48
  61. local authority inspections
  62. Inspection of child minding, day care and nursery education
  63. 53Inspection of child minding, day care and nursery education
  64. Inspection of independent schools
  65. 54Inspection of independent schools
  66. Inspection of careers services in Wales
  67. 55Inspection of careers services in Wales
  68. 56Inspection of services related to careers services in Wales
  69. 57Inspections under sections 55 and 56: further provisions
  70. Chapter 7: Supplementary
  71. 58Inspection of computer records
  72. 60Repeal of School Inspections Act 1996
  73. 61Further amendments relating to school inspection
  74. 63Interpretation of Part 1
  75. 72School organisation: further amendments
  76. 74The Training and Development Agency for Schools Repealed
  77. 75Functions of Agency Repealed
  78. 76Functions of Agency in relation to Wales Repealed
  79. 77Membership etc. of Agency Repealed
  80. 78Powers of Agency to provide financial support Repealed
  81. 79Forms of financial support under section 78 Repealed
  82. 80Provisions supplementary to sections 78 and 79 Repealed
  83. 81Grants to Agency by Secretary of State Repealed
  84. 82Grants to Agency by Assembly Repealed
  85. 83Non-funding functions of Agency Repealed
  86. 84Directions by Secretary of State and Assembly Repealed
  87. Functions of Welsh Ministers with respect to the school workforce
  88. 84AGeneral duty of Welsh Ministers with respect to teacher training
  89. 84BPower to promote careers in school workforce in Wales
  90. Funding of teacher training by Higher Education Funding Council for Wales
  91. 85Qualifying activities and eligible institutions in relation to HEFCW funding Repealed
  92. 86Grants, loans and other payments by HEFCW Repealed
  93. 87Provisions supplementary to section 86 Repealed
  94. 88Grants to HEFCW Repealed
  95. 89Power of HEFCW to carry out or commission research Repealed
  96. 90Supplementary and ancillary functions of HEFCW Repealed
  97. 91Directions by Assembly Repealed
  98. Common provisions
  99. Provision of training in schools
  100. 95Power of maintained schools to provide training for the school workforce
  101. Supplementary
  102. 96Interpretation of references to training
  103. 97Institutions of a denominational character Repealed
  104. 98Further amendments relating to Part 3
  105. Part 4: Miscellaneous
  106. 101Funding of maintained schools
  107. 102local authority targets: England
  108. 105Provision and funding of higher education in maintained schools
  109. 107Restrictions on disposal of land
  110. Information
  111. 108Supply of information: education maintenance allowances
  112. 115Power of governing body to make alternative provision for excluded pupils
  113. 116Failure of parent to secure regular attendance of child at alternative provision
  114. 117Further amendments relating to Part 4
  115. 118Meaning of “the 2002 Act” in Part 4
  116. Part 5: General
  117. 120Subordinate legislation: general provisions
  118. 124Power to make further supplementary and consequential provision etc.
  119. 125Commencement
  120. 126The appropriate authority by whom commencement order is made
  121. 127Extent
  122. 128Short title, etc.
  123. Schedule 2: Her Majesty's Chief Inspector of Education and Training in Wales
  124. Chief Inspector's other staff
  125. 1Paragraph 1
  126. Additional inspectors
  127. 2Paragraph 2
  128. Remuneration, pensions etc.
  129. 3Paragraph 3
  130. Official seal
  131. 4Paragraph 4
  132. Performance of functions
  133. 5Paragraph 5
  134. Documentary evidence
  135. 6Paragraph 6
  136. Schedule 3: Registration of inspectors in Wales: tribunals hearing appeals under section 27
  137. Constitution of tribunals
  138. Procedure of tribunals
  139. 2Paragraph 2
  140. Staff
  141. 3Paragraph 3
  142. Schedule 4: School inspections in Wales under section 28
  143. Interpretation
  144. Selection of registered inspectors
  145. 2Paragraph 2
  146. Inspection teams
  147. 3Paragraph 3
  148. Enrolment of persons to act as team members
  149. 4Paragraph 4
  150. Training for inspections
  151. 5Paragraph 5
  152. Meeting with parents
  153. 6Paragraph 6
  154. Rights of entry etc.
  155. 7Paragraph 7
  156. Offence of obstructing inspector or inspection team
  157. 8Paragraph 8
  158. Replacement of inspector during course of inspection
  159. 9Paragraph 9
  160. 1Paragraph 1 Repealed
  161. 2Paragraph 2 Repealed
  162. Schedule 6: Inspections of denominational education in Wales
  163. Interpretation
  164. 1Paragraph 1
  165. Inspectors' reports
  166. Action plans
  167. 3Paragraph 3
  168. Schedule 7: Inspection of child minding, day care and nursery education
  169. 2Paragraph 2
  170. 5Paragraph 5
  171. 6Paragraph 6
  172. Part 2: Nursery education: amendments of School Standards and Framework Act 1998
  173. 7Paragraph 7
  174. 8Paragraph 8
  175. 9Paragraph 9
  176. 11Paragraph 11
  177. 12Paragraph 12
  178. 13Paragraph 13
  179. 14Paragraph 14
  180. 15Paragraph 15
  181. 16Paragraph 16
  182. 17Paragraph 17
  183. 18Paragraph 18
  184. 19Paragraph 19
  185. 20Paragraph 20
  186. 21Paragraph 21
  187. 22Paragraph 22
  188. 23Paragraph 23
  189. 24Paragraph 24
  190. Schedule 8: Inspection of independent schools
  191. 1Paragraph 1
  192. 3Paragraph 3
  193. 5Paragraph 5
  194. Parliamentary Commissioner Act 1967 (c. 13)
  195. 1Paragraph 1
  196. Employment and Training Act 1973 (c. 50)
  197. 2Paragraph 2
  198. House of Commons Disqualification Act 1975 (c. 24)
  199. 3Paragraph 3
  200. Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  201. 4Paragraph 4
  202. Education Reform Act 1988 (c. 40)
  203. Tribunals and Inquiries Act 1992 (c. 53)
  204. 6Paragraph 6
  205. Judicial Pensions and Retirement Act 1993 (c. 8)
  206. 7Paragraph 7
  207. Education Act 1996 (c. 56)
  208. 9Paragraph 9
  209. 10Paragraph 10
  210. Education Act 1997 (c. 44)
  211. 11Paragraph 11
  212. 12Paragraph 12
  213. 13Paragraph 13
  214. 14Paragraph 14 Repealed
  215. 15Paragraph 15 Repealed
  216. 16Paragraph 16 Repealed
  217. 17Paragraph 17 Repealed
  218. 18Paragraph 18 Repealed
  219. 19Paragraph 19 Repealed
  220. 20Paragraph 20 Repealed
  221. Government of Wales Act 1998 (c. 38)
  222. 22Paragraph 22
  223. Protection of Children Act 1999 (c. 14)
  224. 23Paragraph 23
  225. Learning and Skills Act 2000 (c. 21)
  226. 24Paragraph 24 Repealed
  227. 25Paragraph 25 Repealed
  228. 26Paragraph 26
  229. 27Paragraph 27
  230. Education Act 2002 (c. 32)
  231. 29Paragraph 29
  232. Nationality, Immigration and Asylum Act 2002 (c. 41)
  233. 30Paragraph 30
  234. Schedule 12: School organisation: further amendments
  235. Education Act 1996 (c. 56)
  236. 4Paragraph 4
  237. School Standards and Framework Act 1998 (c. 31)
  238. Education Act 2002 (c. 32)
  239. 16Paragraph 16
  240. Supplementary powers Repealed
  241. 1Paragraph 1 Repealed
  242. Chief officer Repealed
  243. 2Paragraph 2 Repealed
  244. Tenure of members of the Agency Repealed
  245. 3Paragraph 3 Repealed
  246. 4Paragraph 4 Repealed
  247. Salaries, allowances and pensions Repealed
  248. 5Paragraph 5 Repealed
  249. Staff Repealed
  250. 6Paragraph 6 Repealed
  251. 7Paragraph 7 Repealed
  252. Committees Repealed
  253. 8Paragraph 8 Repealed
  254. Delegation of functions Repealed
  255. 9Paragraph 9 Repealed
  256. Proceedings Repealed
  257. 10Paragraph 10 Repealed
  258. 11Paragraph 11 Repealed
  259. 12Paragraph 12 Repealed
  260. 13Paragraph 13 Repealed
  261. 14Paragraph 14 Repealed
  262. Application of seal and proof of instruments Repealed
  263. 15Paragraph 15 Repealed
  264. 16Paragraph 16 Repealed
  265. Accounts Repealed
  266. 17Paragraph 17 Repealed
  267. Annual reports Repealed
  268. 18Paragraph 18 Repealed
  269. Status of Agency Repealed
  270. 19Paragraph 19 Repealed
  271. Public Records Act 1958 (c. 51)
  272. 1Paragraph 1 Repealed
  273. Parliamentary Commissioner Act 1967 (c. 13)
  274. 2Paragraph 2 Repealed
  275. Superannuation Act 1972 (c. 11)
  276. 3Paragraph 3 Repealed
  277. House of Commons Disqualification Act 1975 (c. 24)
  278. 4Paragraph 4 Repealed
  279. Sex Discrimination Act 1975 (c. 65)
  280. Race Relations Act 1976 (c. 74)
  281. Education (Fees and Awards) Act 1983 (c. 40)
  282. 9Paragraph 9
  283. Education (No. 2) Act 1986 (c. 61)
  284. 10Paragraph 10
  285. Education Act 1994 (c. 30)
  286. 11Paragraph 11
  287. 12Paragraph 12
  288. 13Paragraph 13
  289. 14Paragraph 14
  290. 15Paragraph 15
  291. Education Act 1996 (c. 56)
  292. 16Paragraph 16
  293. 17Paragraph 17
  294. Audit Commission Act 1998 (c. 18)
  295. Teaching and Higher Education Act 1998 (c. 30)
  296. 20Paragraph 20
  297. Government of Wales Act 1998 (c. 38)
  298. Freedom of Information Act 2000 (c. 36)
  299. Education Act 2002 (c. 32)
  300. 23Paragraph 23
  301. 26Paragraph 26 Repealed
  302. 30Paragraph 30 Repealed
  303. 31Paragraph 31 Repealed
  304. 32Paragraph 32 Repealed
  305. 33Paragraph 33 Repealed
  306. 34Paragraph 34 Repealed
  307. 35Paragraph 35 Repealed
  308. 36Paragraph 36
  309. 1Paragraph 1 Repealed
  310. Renaming of Agency Repealed
  311. 2Paragraph 2 Repealed
  312. 3Paragraph 3 Repealed
  313. Existing members of Agency Repealed
  314. 4Paragraph 4 Repealed
  315. Inspection of teacher training Repealed
  316. 5Paragraph 5 Repealed
  317. Duty to have regard to needs of disabled persons Repealed
  318. 1Paragraph 1
  319. Power to provide for budgets to relate to period other than financial year
  320. 2Paragraph 2
  321. Determination of budgets
  322. 3Paragraph 3
  323. 4Paragraph 4
  324. 5Paragraph 5
  325. Determination of schools' budget shares
  326. 6Paragraph 6
  327. Functions of schools forum
  328. 7Paragraph 7
  329. Certain regulations to be subject to affirmative procedure
  330. 8Paragraph 8
  331. Schedule 17: Foundation, voluntary and foundation special schools: disposal of land
  332. 1Paragraph 1
  333. 2Paragraph 2
  334. 3Paragraph 3
  335. 4Paragraph 4
  336. 5Paragraph 5
  337. 6Paragraph 6
  338. Children Act 1989 (c. 41)
  339. 1Paragraph 1
  340. Education Act 1996 (c. 56)
  341. 2Paragraph 2
  342. 3Paragraph 3
  343. 4Paragraph 4
  344. 5Paragraph 5
  345. 6Paragraph 6
  346. School Standards and Framework Act 1998 (c. 31)
  347. 7Paragraph 7
  348. 8Paragraph 8
  349. 9Paragraph 9
  350. 10Paragraph 10
  351. 11Paragraph 11
  352. Learning and Skills Act 2000 (c. 21)
  353. 12Paragraph 12
  354. 13Paragraph 13 Repealed
  355. Education Act 2002 (c. 32)
  356. 14Paragraph 14
  357. Anti-social Behaviour Act 2003 (c. 38)
  358. 15Paragraph 15
  359. Schedule 19: Repeals
  360. 1School inspections
  361. 2School organisation
  362. 3Training the school workforce
  363. 4Repeals relating to Part 4