Education and Inspections Act 2006 in Scotland
2006 c. 40 · Enacted 8 November 2006 · Extends to United Kingdom
An Act to make provision about primary, secondary and further education and about training; to make provision about food or drink provided on school premises or in connection with the provision of education or childcare; to provide for the establishment of an Office for Standards in Education, Children's Services and Skills and the appointment of Her Majesty's Chief Inspector of Education, Children's Services and Skills and make provision about the functions of that Office and that Chief Inspector; to provide for the amendment of references to local education authorities and children's services authorities; to amend section 29 of the Leasehold Reform Act 1967 in relation to university bodies; and for connected purposes.
[8th November 2006]
Be 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:—
Contents
- 1Duties in relation to high standards and the fulfilment of potential
- 2Duties in relation to diversity and choice
- 3Duty to consider parental representations
- 4Duty to identify children not receiving education
- 6ARequirement to seek proposals for establishment of new Academies Repealed
- 7AWithdrawal of notices under section 7
- 9Consultation and publicity in relation to notice and proposals under section 7
- 13Schools established outside area of relevant local authority
- 14Local authority in England not to establish school in Wales
- Discontinuance of schools
- 17Direction requiring discontinuance of community or foundation special school
- Alterations to schools
- 18Alterations that may be made under section 19
- 19Publication of proposals for alteration of school
- 20Restriction on power of governing body to publish foundation proposals
- 22Right of governing body to determine own foundation proposals
- Removal of foundation or reduction in foundation governors
- 25Proposals for removal of foundation or reduction in foundation governors
- 26Proposals under section 25: procedure
- 27Proposals under section 25: implementation
- General
- 29Abolition of school organisation committees
- 30Amendments relating to school organisation
- 31Transitional provisions
- 32Interpretation of Part 2
- Foundation, voluntary and foundation special schools
- 33Requirements as to foundations
- 34Parent councils for certain foundation or foundation special schools
- 36Disposals and changes of use of land
- 37Staff at foundation or voluntary schools with religious character
- General duties of governing body
- 39General restriction on selection by ability
- 40Code for school admissions
- 42Support for parental preferences
- 43Duty of governing body to implement decisions relating to admissions
- 44Prohibition on interviews
- 45Admission arrangements for schools with religious character: consultation and objections
- 48Looked after children to whom section 87(2) of SSFA 1998 applies
- 49Procedure for giving directions under section 96 of SSFA 1998
- 51Directions to admit child to specified school: supplementary provisions
- 53Schools with pre-1998 arrangements for selection by ability or aptitude
- Miscellaneous
- 55Right of sixth-form pupils to be excused from attendance at religious worship
- 56Charges for music tuition
- 57School funding
- Introduction
- 60BCoasting schools
- 62School requiring special measures
- 65Power of local authority to provide for governing body to consist of interim executive members
- 66APower of Secretary of State to require governing body to enter into arrangements
- Governing bodies consisting of interim executive members: further provisions
- 70Governing bodies consisting of interim executive members
- Interaction between different intervention powers etc
- 70ADuties for local authorities and Secretary of State to notify each other
- 70BRestriction on use of local authority intervention powers
- 70CSecretary of State's power to take over responsibility for interim executive members
- Amendments relating to schools causing concern
- 71Amendments relating to schools causing concern
- Supplementary
- 77Local authorities in England: provision of travel arrangements etc for children
- 78Local authorities in England: school travel schemes
- 79Piloting of school travel scheme provisions
- 82Amendments of section 444 of EA 1996 in relation to school travel
- 84Local authorities in England: duty to have regard to religion or belief in exercise of travel functions
- 85Further amendments relating to travel to schools etc
- 86Provision of food and drink on school premises etc
- Chapter 1: School Discipline
- Certain schools required to have behaviour policy
- 88Responsibility of governing body for discipline
- Enforcement of discipline (including compliance with instructions)
- 90Meaning of “disciplinary penalty”
- 93Power of members of staff to use force
- 93ARecording and reporting the use of force by members of staff: England
- Confiscation from pupils
- Interpretation of Chapter 1
- 95Interpretation of Chapter 1
- Repeals
- 96Repeals consequential on provisions of Chapter 1
- Parenting contracts and parenting orders
- 97Parenting contracts
- 98Parenting orders in case of exclusion or misbehaviour
- 99Parenting contracts and parenting orders: further provisions
- Excluded pupils
- 101Duty of local authority in relation to excluded pupils
- 102Reintegration interviews
- 103Duty of parent in relation to excluded pupil
- 105Penalty notice in respect of presence of excluded pupil in public place
- 106Penalty notices: supplemental
- School attendance
- 109Failure to secure school attendance
- 110Sums received under section 444A of EA 1996
- Interpretation of Chapter 2
- The Office
- 112The Office for Standards in Education, Children's Services and Skills
- The Chief Inspector and other inspectors
- 113Her Majesty's Chief Inspector of Education, Children's Services and Skills
- 114Her Majesty's Inspectors of Education, Children's Services and Skills
- 115Further provision about Chief Inspector and other inspectors etc.
- Functions: the Office
- 116Functions of the Office
- Functions: the Chief Inspector
- 118Functions of the Chief Inspector
- The Children's Rights Director
- Annual reports etc.
- 121Annual and other reports to Secretary of State
- 122General transfer of functions to the Chief Inspector
- Chapter 2A: Inspection of Academy proprietors
- Inspection
- 122ADuty to inspect Academy proprietors at specified intervals
- 122BReport of section 122A inspection
- 122COther inspections
- 122DDuty to notify certain persons of inspection
- 122EPower or duty to treat other inspection as section 122A inspection
- 122FFramework for inspections under this Chapter
- Powers of entry etc.
- 122GPowers of entry etc. for purposes of inspection
- Academy proprietors not performing to acceptable standard
- 122HAcademy proprietors not performing to acceptable standard
- Supplementary
- 122IRegulations under Chapter 2A
- 122JInterpretation of Chapter 2A
- Education and training to which this Chapter applies
- Inspection
- Powers of entry etc.
- 131Power of entry
- 132Power to inspect documents, etc.
- Other provisions
- 133Framework for inspections
- 134Abolition of Adult Learning Inspectorate
- Functions to which this Chapter applies
- Inspections ...
- 136Inspection of local authorities in England
- 137Reports of inspections under section 136
- Powers of entry etc.
- Supplementary
- 141Power to require information etc.
- 142Interpretation etc.
- 143Inspection of CAFCASS functions
- 144Power of entry
- 145Power to inspect documents, etc.
- 147Inspection of premises in connection with adoption and fostering functions
- 149Interaction with other authorities
- 150Evidence of authority
- 151Publication of inspection reports
- 152Combined reports
- 153Use of information
- Miscellaneous
- 155Payment of annual fee to the Chief Inspector by local authorities
- Supplementary
- 157Minor and consequential amendments
- 158Transitional provisions and savings
- Part 9: Miscellaneous
- 160Power of Chief Inspector to investigate complaints by parents about schools
- 161Powers to facilitate innovation
- References to “local education authority” or “children's services authority”
- 162Power to repeal references to “local education authority” and “children's services authority” etc
- 163Provision of advice by adjudicator
- 164Information about children receiving funded education outside school
- 165Power of members of staff of further education institutions to use force
- 167Consultation with young pupils
- 169Prohibition on participation in management of independent school
- 170Prohibition on participation in management: supplementary
- 172Offences relating to independent schools
- 174Time limits relating to statements of special educational needs
- 175Miscellaneous amendments relating to Wales
- 177University bodies: amendment of section 29 of Leasehold Reform Act 1967
- Part 10: General
- 181Orders and regulations: general provisions
- 182Parliamentary control of orders and regulations
- 182AAssembly control of orders and regulations
- 185Financial provisions
- 186Abbreviations of Acts
- 187General interpretation
- 188Commencement
- 189The appropriate authority by whom commencement order is made
- 190Extent
- 191Short title
- Education Act 1996 (c. 56)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 1: Introductory
- Application of Schedule
- 1Paragraph 1
- “The relevant authority”
- 2Paragraph 2
- “Proposers”
- 3Paragraph 3
- ...
- References to persons by whom proposals are made
- Objections and comments
- Part 2: Consideration of proposals ...
- Consideration of proposals
- 5AParagraph 5A Repealed
- 7Paragraph 7
- 7AParagraph 7A Repealed
- ...
- 8Paragraph 8
- Consideration of proposals that are related to other proposals
- Duty to refer to Secretary of State or adjudicator certain proposals made by or involving relevant authority
- Duty to refer proposals to adjudicator in prescribed cases
- 11Paragraph 11
- Duty to refer proposals to Secretary of State in pursuance of direction by Secretary of State
- Duty to refer certain proposals to adjudicator where determination delayed
- Reference to adjudicator at request of aggrieved person after determination under paragraph 8(4)
- Duty to refer related proposals
- 15Paragraph 15
- Withdrawal of proposals before determination
- 16Paragraph 16
- Effect of referring proposals to Secretary of State or adjudicator
- 17Paragraph 17
- Proposals to establish Academy
- 17AParagraph 17A
- ...
- Determination whether to implement proposals not requiring consideration under paragraph 8
- Provision of information
- 20Paragraph 20
- Part 3: Implementation of proposals
- Requirement to implement proposals
- 21Paragraph 21
- Proposals not falling to be implemented
- 22Paragraph 22
- Proposals relating to community schools, community special schools or maintained nursery schools
- 23Paragraph 23
- Proposals relating to foundation or voluntary controlled schools
- 24Paragraph 24
- Proposals relating to voluntary aided school
- 25Paragraph 25
- Proposals relating to foundation special schools
- 26Paragraph 26
- Proposals relating to Academy
- Part 4: Provision of premises and other assistance in connection with establishment of new school
- Provision of site and buildings for proposed foundation, voluntary controlled or foundation special school
- 28Paragraph 28
- Grants in respect of certain expenditure relating to proposed voluntary aided school
- 29Paragraph 29
- Assistance for proposers of proposed voluntary aided school
- 30Paragraph 30
- Duty to transfer interest in premises provided under paragraph 30
- 31Paragraph 31
- Local Government Act 1972 (c. 70)
- 1Paragraph 1
- Local Government Act 1974 (c. 7)
- 2Paragraph 2
- ...
- Paragraph Repealed
- Paragraph Repealed
- Further and Higher Education Act 1992 (c. 13)
- 6Paragraph 6
- Education Act 1996 (c. 56)
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 19Paragraph 19
- 21Paragraph 21
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- Learning and Skills Act 2000 (c. 21)
- Education Act 2002 (c. 32)
- 47Paragraph 47
- 48Paragraph 48
- Education Act 2005 (c. 18)
- 49Paragraph 49
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- Schedule 4: Disposals and changes of use of land
- Part 1: Amendments to Schedule 22 to SSFA 1998
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 2: Amendments to section 77 of SSFA 1998
- 18Paragraph 18
- Part 3: Consequential amendments
- 19Paragraph 19
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Interpretation of Schedule
- 1Paragraph 1
- Governing body to consist of members appointed by appropriate authority
- 2Paragraph 2
- Effect of notice under section 65(1) or 69(1)
- 3Paragraph 3
- Interim executive members
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A
- Duty of appropriate authority to inform other persons
- 6Paragraph 6
- Power to specify duration of interim period
- 7Paragraph 7
- Chairman
- 8Paragraph 8
- Remuneration and allowances
- 9Paragraph 9
- Duty of interim executive board
- 10Paragraph 10
- Proceedings of interim executive board
- 11Paragraph 11
- Effect on suspension of delegated budget
- 12Paragraph 12
- Exclusion of certain statutory provisions
- 13Paragraph 13
- 14Paragraph 14
- Closure of school
- 15Paragraph 15
- 16Paragraph 16
- Notice of resumption of government by normally constituted governing body
- 17Paragraph 17
- Time when interim executive members cease to hold office
- 18Paragraph 18
- Establishment of normally constituted governing body
- 19Paragraph 19
- Part 1: Principal amendments
- Statement to be prepared by proprietor following adverse report on non-maintained school
- 2Paragraph 2
- 3Paragraph 3 Repealed
- 5Paragraph 5 Repealed
- 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
- Learning and Skills Act 2000 (c. 21)
- Education Act 2002 (c. 32)
- 20Paragraph 20
- 22Paragraph 22
- Education Act 2005 (c. 18)
- 23Paragraph 23
- 24Paragraph 24
- Schedule 8: Travel to schools etc: meaning of “eligible child”
- Paragraph
- Schedule 9: School travel schemes
- Paragraph
- Schedule 10: Further amendments relating to travel to schools etc
- Public Passenger Vehicles Act 1981 (c. 14)
- 1Paragraph 1
- Transport Act 1985 (c. 67)
- 2Paragraph 2
- Education Act 1996 (c. 56)
- 3Paragraph 3
- Schedule 11: The Office for Standards in Education, Children's Services and Skills
- Membership
- 1Paragraph 1
- Terms of appointment
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Remuneration of members
- 5Paragraph 5
- Staff
- 6Paragraph 6
- Committees
- 7Paragraph 7
- Procedure etc.
- 8Paragraph 8
- Performance of functions
- 9Paragraph 9
- Execution of documents
- 10Paragraph 10
- Evidence
- 11Paragraph 11
- Supplementary powers
- 12Paragraph 12
- 13Paragraph 13
- Part 1: The Chief Inspector
- Remuneration, pensions etc. of Chief Inspector
- 1Paragraph 1
- Temporary appointment of Chief Inspector; performance of functions during vacancy or incapacity etc.
- 2Paragraph 2
- 3Paragraph 3
- Execution of documents
- 4Paragraph 4
- Evidence
- 5Paragraph 5
- Ancillary powers
- 6Paragraph 6
- Nature of functions conferred on Chief Inspector
- 7Paragraph 7
- Relationship between Chief Inspector and the Office
- 8Paragraph 8
- Part 2: Inspectors etc. acting on behalf of Chief Inspector
- Delegation of functions
- Inspectors etc. to have necessary qualifications, experience and skills
- Additional inspectors
- 11Paragraph 11
- Provisions relating to additional inspectors provided by inspection service providers
- 12Paragraph 12
- Schedule 13: Interaction with other authorities
- Inspection authorities and inspection functions
- Public authorities
- 2Paragraph 2
- Delegation of inspection functions to public authorities
- 3Paragraph 3
- Inspection programmes and inspection frameworks
- 4Paragraph 4
- Inspections by other inspectors of institutions within Chief Inspector's remit
- 5Paragraph 5
- Co-operation
- 6Paragraph 6
- Joint action
- 7Paragraph 7
- Advice or assistance for other public authorities
- Inspections carried out under arrangements
- 9Paragraph 9
- Charges
- Public Records Act 1958 (c. 51)
- 1Paragraph 1
- Parliamentary Commissioner Act 1967 (c. 13)
- 2Paragraph 2
- Superannuation Act 1972 (c. 11)
- 3Paragraph 3
- Employment and Training Act 1973 (c. 50)
- 4Paragraph 4
- House of Commons Disqualification Act 1975 (c. 24)
- 5Paragraph 5
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 6Paragraph 6
- Race Relations Act 1976 (c. 74)
- 7Paragraph 7
- Education Reform Act 1988 (c. 40)
- 8Paragraph 8
- Children Act 1989 (c. 41)
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Further and Higher Education Act 1992 (c. 13)
- Education Act 1994 (c. 30)
- 19Paragraph 19
- Education Act 1997 (c. 44)
- 20Paragraph 20
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- Data Protection Act 1998 (c. 29)
- 32Paragraph 32
- School Standards and Framework Act 1998 (c. 31)
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- Protection of Children Act 1999 (c. 14)
- 36Paragraph 36
- Local Government Act 1999 (c. 27)
- 37Paragraph 37
- Care Standards Act 2000 (c. 14)
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- Learning and Skills Act 2000 (c. 21)
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 67Paragraph 67
- Regulation of Investigatory Powers Act 2000 (c. 23)
- 68Paragraph 68
- Freedom of Information Act 2000 (c. 36)
- 69Paragraph 69
- Education Act 2002 (c. 32)
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- Adoption and Children Act 2002 (c. 38)
- 76Paragraph 76
- Courts Act 2003 (c. 39)
- 77Paragraph 77 Repealed
- 78Paragraph 78 Repealed
- 79Paragraph 79 Repealed
- 80Paragraph 80 Repealed
- 81Paragraph 81 Repealed
- Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- Children Act 2004 (c. 31)
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- Childcare Act 2006 (c. 21)
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- 117Paragraph 117
- Schedule 15: Transitional provisions and savings relating to Part 8
- Staff transfer schemes
- 1Paragraph 1
- Property transfer schemes
- 2Paragraph 2
- Continuity of exercise of functions etc.
- 3Paragraph 3
- Schemes: supplementary
- 5Paragraph 5
- Saving for previous transfer schemes
- 6Paragraph 6
- Preparation for performance of functions by the new Chief Inspector
- 7Paragraph 7
- First annual report of the new Chief Inspector
- 8Paragraph 8
- Interpretation
- Schedule 16: Powers to facilitate innovation
- Part 1: Amendments of Chapter 1 of Part 1 of EA 2002
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part 2: Consequential amendment
- 4Paragraph 4
- Schools in Wales causing concern: warning notice by local education authority
- Local authority's reserve power to prevent breakdown of discipline
- Orders and regulations made by Assembly under SSFA 1998
- 3Paragraph 3
- Meaning of “the Assembly” in SSFA 1998
- 4Paragraph 4
- 5Paragraph 5
- Power of Assembly to require local authority to obtain advisory services
- Schedule 18: Repeals
- 1Repeals coming into force on Royal Assent
- 2Repeals coming into force in accordance with section 188(2)
- 3School organisation
- 4Schools causing concern
- 5Inspections
- 6Other repeals