Legalize / United Kingdom / Public General Act

Education Act 2002

Type Public General Act

Publication 2002-07-24

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

[^M_F_a8ee8eed-4e38-41b2-8da6-de8ac5c7753a]: Words in s. 210(6A) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 46(2)(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

[^M_F_44e334b4-52ae-4db9-f2eb-b4f7e338cffa]: Words in s. 105 omitted (1.9.2011) by virtue of Education (Wales) Measure 2009 (nawm 5), ss. 21(6), 26(3); S.I. 2011/1951, art. 2

[^M_F_567b7d82-3e5e-4db2-a0ce-b8a80b710d7b]: Words in s. 102 substituted (1.9.2011) by Education (Wales) Measure 2009 (nawm 5), ss. 21(3), 26(3); S.I. 2011/1951, art. 2

[^M_F_d405a500-d3fd-4489-d6ea-1aaaf0252ab2]: Words in s. 104 substituted (1.9.2011) by Education (Wales) Measure 2009 (nawm 5), ss. 21(5), 26(3); S.I. 2011/1951, art. 2

[^M_F_02684c10-5af1-4df2-da44-3b3b4ab2f930]: Pt. 7 omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 45 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

[^key-6363ceacf3b6af38ccebdcfc7ee20fdd]: Words in s. 28A(3) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 15(3) (with s. 19); S.I. 2024/806, art. 2(k)(ix) (with art. 28)

[^key-f008d59d282653c9e0dc7623b04169b9]: Words in s. 145(1)(c) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 15(5) (with s. 19); S.I. 2024/806, art. 2(k)(ix) (with art. 28)

[^key-8769d477a641656e7aee8b9624e9ff16]: Words in s. 145(3) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 15(5) (with s. 19); S.I. 2024/806, art. 2(k)(ix) (with art. 28)

[^key-4af279aa050a839f8cee4eb367923dc4]: Words in s. 52(6) substituted (W.) (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 11; S.I. 2024/1337, art. 3(e)

[^key-6d21f54b682ba6190a7bb5949c35932c]: Words in Sch. 21 para. 46(4) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(8)(b)(i)

[^key-da446a631ceb322d788e4a1374e267f8]: Words in Sch. 21 para. 46(5) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(8)(b)(ii)

[^key-b6c6ed3e0a3ab91e87d29bc2060cf4b6]: Words in Sch. 21 para. 48(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(8)(c)(i)(aa)

[^key-a0bf4b95c13ef686a0d7b98257ee2d83]: Words in Sch. 21 para. 48(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(8)(c)(i)(bb)

[^key-6b28b8de284c667d5161354b83f59b8b]: Words in Sch. 21 para. 48(3) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(8)(c)(ii)

[^key-5aafa14fee10fe98effd7ac0c4ebf4b7]: Words in Sch. 21 para. 57(b) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(8)(d)

[^key-716897033dc56bf6c826bdce2a9b4b50]: S. 29(3)(b) and word inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(4)(c)

[^key-25e6b99f611ee24cf767ef8772d19624]: Word in s. 1(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(2)(b)

[^key-e1a5a6cb146bf2fb3a1dd002ee69b648]: S. 1(2)(aa)(ab) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(2)(c)

[^key-e93caf831abd0cad5ad8f9627ac94ba4]: Words in s. 210(6A) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(5)

[^key-3ce698f619100641fb61521c2f3a74eb]: Words in Sch. 21 para. 45 omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(8)(a)

[^key-4be0fbf8364b5cca43c00c9feaeab75f]: Words in s. 216(3) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(7)

[^key-59865e68aa541f69c12087ef1784b043]: Words in s. 1(2)(a) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(2)(a)

[^key-ffe378d2bd4128e90933ab7fa0d8d96e]: Words in s. 6(4) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(3)

[^key-cb363779afd1ab17a1df2db1f98bdac7]: Words in s. 212(3)(e) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(6)

[^key-a5d17446e3c2436bf01d46f898df2997]: Words in s. 29(3) renumbered as s. 29(3)(a) (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(4)(a)

[^key-ab3fc9b4ce6d89c8915b7a8a6491e432]: Words in s. 29(3)(a) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 6(4)(b)

Nursery education, special schools and children with statements

Education Act 1996 (c. 56)

Further and Higher Education Act 1992 (c. 13)

Children permanently excluded from two or more schools

Reference of objections

Appeal arrangements: general

Further and Higher Education Act 1992 (c. 13)

Diocesan Boards of Education Measure 1991

Education Act 1996

Environmental Protection Act 1990 (c. 43)

Proposals for rationalisation of school places

Education Act 1996 (c. 56)

School Inspections Act 1996 (c. 57)

Disclosure of criminal record

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

School Standards and Framework Act 1998 (c. 31)

Local Government Act 1974 (c. 7)

Proposals in relation to sixth forms

Children Act 1989 (c. 14)

Freedom of Information Act 2000 (c. 36)

School Inspections Act 1996 (c. 57)

Protection of Children Act 1999 (c. 14)

Freedom of Information Act 2000 (c. 36)

Education Act 1996 (c. 56)

Appeals

School Inspections Act 1996 (c. 57)

The Qualifications and Curriculum Authority

Approvals for appointment of staff

The Qualifications and Curriculum Authority

The Qualifications, Curriculum and Assessment Authority for Wales

Provisions extending to Northern Ireland

School Standards and Framework Act 1998 (c. 31)

Teaching and Higher Education Act 1998 (c. 30)

School Standards and Framework Act 1998 (c. 31)

Protection of Children Act 1999 (c. 14)

Employment Rights Act 1996 (c. 18)

Education Act 1996 (c. 56)

Learning and Skills Act 2000 (c. 21)

Education Act 1997 (c. 44)

School Standards and Framework Act 1998 (c. 31)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

Freedom of Information Act 2000 (c. 36)

Determination of specified budgets of local authority

Determination of specified budgets of LEA

Exclusion of pupils: England

Co-ordination of admission arrangements

Powers of Secretary of State to secure proper performance of local authority's functions

Powers of Secretary of State to secure proper performance of LEA’s functions

Power of Secretary of State to provide for governing body to consist of interim executive members

Governing bodies consisting of interim executive members

Appraisal

Application of Chapter to alternative provision Academies that are not independent schools

Duties of local authorities and governing bodies in relation to welfare of children

Training and education provided in the workplace for 14 to 16 year olds

Wales: provision of higher education

Directions under section 142: contractor, agency, etc.

Expenditure incurred for community purposes

Recoupment: adjustment between local authorities and the YPLA

Welsh LEAs’ powers to make regional provision

Application of Part 5 of Education Act 1996 to nursery education

Meaning of “appeal panel”

Parental preferences

Publication of information

Meaning of “appeal panel”

Parental preferences

Reference of objections

Nursery education, special schools and children with statements

Appeals relating to children to whom section 87 applies

Nursery education, special schools and children with statements

...

Diocesan Boards of Education Measure 1991 (1991 No. 2)

...

Reference of objections

Diocesan Boards of Education Measure 1991 (1991 No. 2)

...

Procedure for giving direction under section 96

Diocesan Boards of Education Measure 1991

Proposals for rationalisation of school places

Membership

Rights of entry etc.

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Education Act 1996 (c. 56)

The Qualifications, Curriculum and Assessment Authority for Wales

Proposals in relation to sixth forms

Education Reform Act 1988 (c. 40)

Freedom of Information Act 2000 (c. 36)

Education Act 1997 (c. 44)

Teaching and Higher Education Act 1998 (c. 30)

School Standards and Framework Act 1998 (c. 31)

Appeals

Destination of reports on inspections of maintained schools

Approvals for appointment of staff

Destination of reports on inspections of maintained schools

Education Act 1997 (c. 44)

The Qualifications, Curriculum and Assessment Authority for Wales

Provisions extending to Northern Ireland

Special Educational Needs

School Standards and Framework Act 1998 (c. 31)

Local Government Act 1972 (c. 70)

School Standards and Framework Act 1998 (c. 31)

Tribunals and Inquiries Act 1992 (c. 53)

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

Education Act 1996 (c. 56)

School Inspections Act 1996 (c. 57)

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

Police Act 1997 (c. 50)

School Standards and Framework Act 1998 (c. 31)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

Freedom of Information Act 2000 (c. 36)

28A

(1) Subject to subsection (2), the governing body of a maintained school shall have power to arrange the provision to pupils at the school (whether by teachers at the school or other persons) of courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level).

(2) A governing body may exercise the power under subsection (1) in relation to a particular pupil only if they are satisfied that the provision to that pupil of the course in question will not to any significant extent interfere with the other education with which he is being provided at the school.

(3) The Commission for Tertiary Education and Research may give, or make arrangements for the giving of, financial assistance to any person in connection with the provision of courses mentioned in subsection (1) by the governing body of a maintained school in Wales.

(4) Sections 15 and 16 apply to financial assistance given under subsection (3) as they apply to financial assistance given under section 14.

(5) This section has effect notwithstanding section 1(4) of the Education Act 1996 (functions not conferred with respect to higher education).

30A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of governing body to provide higher education

Further amendments relating to admission arrangements

Duty to notify where inspection shows school causing concern

Power of Secretary of State to appoint additional governors or direct closure

Further amendments relating to admission arrangements

Power of LEA to provide for governing body to consist of interim executive members

Repeal of School Teachers’ Pay and Conditions Act 1991

Wales: provision of higher education

Consultation with pupils

Training and education provided in the workplace for 14 to 16 year olds

Rights of entry in relation to inspections

Provision of education

Training in provision of further education

Name and seal of governing body

Recoupment: adjustment between local authorities

Teachers engaged otherwise than as employees

162A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

162B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Teachers engaged otherwise than as employees

Welsh LEAs’ powers to make regional provision

Name and seal of governing body

Procedure for determining admission arrangements

Direction to admit child to specified school

Procedure for giving direction under section 96

Nursery education, special schools and children with statements

Children permanently excluded from two or more schools

Procedure for determining admission arrangements

Diocesan Boards of Education Measure 1991

Nuisance or disturbance on educational premises

Education Act 1996

Appeals relating to children to whom section 87 applies

Environmental Protection Act 1990 (c. 43)

Meaning of “appeal panel”

Environmental Protection Act 1990 (c. 43)

Publication of information

Appeals relating to children to whom section 87 applies

Direction to admit child to specified school

Local Government Act 1972 (c. 70)

Diocesan Boards of Education Measure 1991 (1991 No. 2)

...

Teaching and Higher Education Act 1998 (c. 30)

Police Act 1997 (c. 50)

Inspections by Chief Inspector

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

School Standards and Framework Act 1998 (c. 31)

The Qualifications and Curriculum Authority

Membership

Employment Rights Act 1996 (c. 18)

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

Children Act 1989 (c. 14)

Protection of Children Act 1999 (c. 14)

Disqualification for registration

The Qualifications, Curriculum and Assessment Authority for Wales

Teaching and Higher Education Act 1998 (c. 30)

Consequential amendments

Saving and transitional provision

Local Government Act 1972 (c. 70)

Environmental Protection Act 1990 (c. 43)

Teaching and Higher Education Act 1998 (c. 30)

Children Act 1989 (c. 14)

Employment Rights Act 1996 (c. 18)

Protection of Children Act 1999 (c. 14)

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

School Standards and Framework Act 1998 (c. 31)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

Freedom of Information Act 2000 (c. 36)

The Qualifications and Curriculum Authority

The Qualifications, Curriculum and Assessment Authority for Wales

Provisions extending to Northern Ireland

Consequential amendments

Saving and transitional provision

Local Government Act 1974 (c. 7)

Teaching and Higher Education Act 1998 (c. 30)

Education Act 1997 (c. 44)

Employment Rights Act 1996 (c. 18)

School Inspections Act 1996 (c. 57)

School Standards and Framework Act 1998 (c. 31)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

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

Power of Secretary of State to provide for governing body to consist of interim executive members

Childcare functions of Her Majesty’s Chief Inspector and National Assembly for Wales

Duties of local authorities and governing bodies in relation to welfare of children

Application of Chapter to schools in Wales only

Duties ... in relation to welfare of children

Regulation of child minding and day care

Meaning of “nursery school” and “primary education”

Training and education provided in the workplace for 14 to 16 year olds

Meaning of “nursery school” and “primary education”

The Special Educational Needs Tribunal for Wales

Local authority functions concerning school lunches, milk etc.

Learning agreements

Further education institutions: hazardous material, etc.

Welsh LEAs’ powers to make regional provision

Publication of information

Appeals relating to children to whom section 87 applies

Expenditure incurred for community purposes

Diocesan Boards of Education Measure 1991

Education Act 1996

Direction to admit child to specified school

Appeal arrangements: general

Nursery education, special schools and children with statements

Education Act 1996

Disability Discrimination Act 1995 (c. 50)

Rights of appeal in relation to registration

Suspension of registration

Proposals in relation to sixth forms

Education Act 1996 (c. 56)

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Rights of entry etc.

Proposals in relation to sixth forms

Special Educational Needs

Rights of appeal in relation to registration

Education Act 1994 (c. 30)

The Qualifications and Curriculum Authority

Education Reform Act 1988 (c. 40)

Disability Discrimination

Local Government Act 1974 (c. 7)

Saving and transitional provision

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

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

Employment Rights Act 1996 (c. 18)

Education Act 1996 (c. 56)

Education Act 1997 (c. 44)

Teaching and Higher Education Act 1998 (c. 30)

School Standards and Framework Act 1998 (c. 31)

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

Powers of governing bodies to form or invest in companies to provide services etc.

Payments in respect of dismissal, etc.

Collaboration between schools

Limits on power to provide community facilities etc.

Power of governing body to provide higher education

Attendance targets

Admission appeals

Power of Secretary of State to provide for governing body to consist of interim executive members

Powers of Secretary of State to secure proper performance of LEA’s functions

Governing bodies consisting of interim executive members

Regulation of child minding and day care

Appraisal

Application of Chapter to alternative provision Academies that are not independent schools

Inspections of local authorities: rights of entry etc.

The General Teaching Councils for England and Wales

Independent school standards

Consultation with pupils

Right of access of LEA

Alteration to definition of “independent school”

Duties of LEAs and governing bodies in relation to welfare of children

Learning agreements

Supplementary provisions relating to transfer or delegation of functions

Teachers engaged otherwise than as employees

Welsh LEAs’ powers to make regional provision

Meaning of “appeal panel”

Procedure for determining admission arrangements

Appeals relating to children to whom section 87 applies

Direction to admit child to specified school

Procedure for giving direction under section 96

Direction to admit child to specified school

Parental preferences

Direction to admit child to specified school

Nursery education, special schools and children with statements

Appeal arrangements: general

Procedure for giving direction under section 96

Further and Higher Education Act 1992 (c. 13)

Education Act 1996 (c. 56)

...

School Inspections Act 1996 (c. 57)

Learning and Skills Act 2000 (c. 21)

Introductory

Inspections by Chief Inspector

Disclosure of criminal record

Education Act 1996 (c. 56)

Chairman

Introductory

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Rights of entry etc.

Proposals in relation to sixth forms

Special Educational Needs

School Standards and Framework Act 1998 (c. 31)

Police Act 1997 (c. 50)

Constitution of Education Action Forum

The Qualifications, Curriculum and Assessment Authority for Wales

Disability Discrimination

Employment Rights Act 1996 (c. 18)

Environmental Protection Act 1990 (c. 43)

Protection of Children Act 1999 (c. 14)

Freedom of Information Act 2000 (c. 36)

Annual report

Welsh Ministers' power to direct determination of term dates

Power of Secretary of State to set minimum schools budget

Power of Secretary of State to provide for governing body to consist of interim executive members

Power of LEA to provide for governing body to consist of interim executive members

Power of Secretary of State to provide for governing body to consist of interim executive members

Governing bodies consisting of interim executive members

Early years development and childcare partnerships and plans

Repeal of School Teachers’ Pay and Conditions Act 1991

Requirement to be qualified

Meaning of “nursery school” and “primary education”

Consultation with pupils

168A

No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority.

168B

(1) Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate.

168C

(1) Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.

(2) A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body.

(3) If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate.

(4) Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

Consultation with pupils

Local authority functions concerning school lunches, milk etc.

Supplementary provisions relating to transfer or delegation of functions

Allowances in respect of education or training

Teachers engaged otherwise than as employees

Children permanently excluded from two or more schools

Reference of objections

Appeals relating to children to whom section 87 applies

Nursery education, special schools and children with statements

Appeals relating to children to whom section 87 applies

Education Act 1996

Parental preferences

Appeals relating to children to whom section 87 applies

Procedure for giving direction under section 96

Appeal arrangements: general

Direction to admit child to specified school

Further and Higher Education Act 1992 (c. 13)

Diocesan Boards of Education Measure 1991 (1991 No. 2)

Rights of entry etc.

Proposals in relation to sixth forms

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Rights of entry etc.

Education Act 1997 (c. 44)

School Standards and Framework Act 1998 (c. 31)

School Inspections Act 1996 (c. 57)

Environmental Protection Act 1990 (c. 43)

Special Educational Needs

Provisions extending to Northern Ireland

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

Freedom of Information Act 2000 (c. 36)

62A

(1) This section applies where—

(a) one or more schools maintained by a local authority in England are for the purposes of Part 4 of the Education and Inspections Act 2006 (schools causing concern: England) eligible for intervention by virtue of either of the following provisions of that Act—

(i) section 61 (school requiring significant improvement), or

(ii) section 62 (school requiring special measures), and

(b) it appears to the Secretary of State that the local authority —

(i) have not been effective or are unlikely to be effective in eliminating deficiencies in the conduct of that school or those schools,

(ii) are unlikely to be effective in eliminating deficiencies in the conduct of other schools which may in the future fall within paragraph (a), or

(iii) maintain a disproportionate number of schools falling within that paragraph.

(1A) This section also applies where it appears to the Secretary of State that—

(a) a local authority in England maintain a disproportionate number of low-performing schools, and

(b) the authority—

(i) have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or

(ii) are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools.

(1B) In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low.

(1C) For the purposes of subsection (1B) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

(a) the standards that the pupils might in all the circumstances reasonably be expected to attain;

(b) where relevant, the standards previously attained by them;

(2) The Secretary of State may direct the local authority to enter into a contract or other arrangement with a person specified in the direction, or a person falling within a class so specified, for the provision to the authority or the governing body of any school maintained by them (or both) of specified services of an advisory nature.

(3) The direction may require the contract or other arrangement to contain specified terms and conditions.

(4) In this section

“pupil” has the same meaning as in the Education Act 1996 (see sections 3 and 19(5) of that Act);

“school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.

(5) Any direction given under this section shall be enforceable, on an application made on behalf of the Secretary of State, by a mandatory order.

Welsh LEAs’ powers to make regional provision

Parental preferences

Publication of information

Diocesan Boards of Education Measure 1991

Appeals relating to children to whom section 87 applies

Direction to admit child to specified school

Appeals relating to children to whom section 87 applies

Environmental Protection Act 1990 (c. 43)

Inspections by Chief Inspector

School Inspections Act 1996 (c. 57)

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Inspections by Chief Inspector

Proposals in relation to sixth forms

The Qualifications, Curriculum and Assessment Authority for Wales

Police Act 1997 (c. 50)

Education Reform Act 1988 (c. 40)

Provisions extending to Northern Ireland

Sex Discrimination Act 1975 (c. 65)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

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

23A

(1) A school is for the purposes of this section a “qualifying school” if—

(a) it is a foundation or foundation special school in England,

(b) it has a foundation established otherwise than under the School Standards and Framework Act 1998, and

(2) The governing body of any qualifying school must establish in accordance with regulations a body to be known as a parent council.

(3) The purpose of a parent council is to advise the governing body on matters relating to the conduct of the school and the exercise by the governing body of their powers under section 27.

(4) Regulations may make provision as to—

(a) the person or persons by whom, and the manner in which, members of a parent council are to be elected or appointed,

(b) eligibility for election or appointment,

(d) meetings and proceedings of a parent council.

(5) Regulations—

(a) must require the majority of members of a parent council to be parent members, and

(b) may enable a person who is not the parent of a registered pupil to be a member of a parent council if appointed in accordance with the regulations by the parent members.

(6) Regulations may confer functions relating to parent councils on the governing bodies of qualifying schools.

(7) The governing body of a qualifying school must, in exercising their functions under this section with respect to the school's parent council, have regard to any guidance given from time to time by the Secretary of State.

(8) The reference in subsection (1)(b) to a foundation is to be read in accordance with section 21 of the School Standards and Framework Act 1998.

(9) In this section “parent member”, in relation to a parent council, means a member of the council who is the parent of a registered pupil at the school.

School Standards and Framework Act 1998 (c. 31)

Freedom of Information Act 2000 (c. 36)

Learning agreements

Meaning of “appeal panel”

Reference of objections

Parental preferences

Education Act 1996

Appeal arrangements: general

Education Act 1996

Disability Discrimination Act 1995 (c. 50)

Rights of appeal in relation to registration

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Proposals for rationalisation of school places

Inspections by Chief Inspector

The Qualifications, Curriculum and Assessment Authority for Wales

School Standards and Framework Act 1998 (c. 31)

The Qualifications and Curriculum Authority

Education Act 1994 (c. 30)

Public Passenger Vehicles Act 1981 (c. 14)

Employment Rights Act 1996 (c. 18)

Local Government Act 1974 (c. 7)

School Standards and Framework Act 1998 (c. 31)

Education Act 1996 (c. 56)

Teaching and Higher Education Act 1998 (c. 30)

Protection of Children Act 1999 (c. 14)

Publication and provision of material

The Special Educational Needs Tribunal for Wales

Inspections of LEAs: rights of entry etc.

Procedure for determining admission arrangements

Nursery education, special schools and children with statements

Appeals relating to children to whom section 87 applies

Education Act 1996

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Inspections by Chief Inspector

Chairman

Expansion or reduction of zone

School Standards and Framework Act 1998 (c. 31)

The Qualifications, Curriculum and Assessment Authority for Wales

Saving and transitional provision

Local Government Act 1972 (c. 70)

Protection of Children Act 1999 (c. 14)

Education Act 1996 (c. 56)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

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

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

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

Supplementary provisions relating to transfer or delegation of functions

Prohibition on participation in management of independent schools

167A

(1) The appropriate authority may direct that a person—

(a) may not take part in the management of an independent school;

(b) may take part in the management of an independent school only in circumstances specified in the direction;

(c) may take part in the management of an independent school only if conditions specified in the direction are satisfied.

(2) A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent school.

(3) Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).

(4) The appropriate authority may vary or revoke a direction under this section in prescribed cases.

(5) Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4).

(6) In this section and sections 167B to 167D, “appropriate authority” means—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ... the registration authority or such other public authority as may be prescribed.

167B

(1) A person in respect of whom a direction has been given under section 167A may appeal to the First-tier Tribunal—

(a) against the decision to give the direction;

(b) against a decision not to vary or revoke the direction.

(2) Regulations may—

(a) provide that the Tribunal may not entertain an appeal under this section insofar as the appellant's case is inconsistent with his having been convicted of an offence;

(b) prescribe circumstances in which the Tribunal shall allow an appeal under this section;

167C

(1) Where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers may provide to that authority any information relating to a person which is held by the Welsh Ministers in connection with the Welsh Ministers' functions under this Chapter.

(2) The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State and which appears to the Secretary of State to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.

(3) The Chief Inspector may provide to the appropriate authority any information relating to a person which appears to the Chief Inspector to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.

(4) The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.

(5) The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for Wales, the Chief Inspector, the Secretary of State or, where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers, any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A.

167D

Where the appropriate authority gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—

(a) the registration authority (unless the appropriate authority is the registration authority), and

(b) the Secretary of State and (if different) the appropriate authority for the purposes of sections 128 to 131 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institutions in England).

Rights of entry in relation to inspections

Teachers engaged otherwise than as employees

Paid chairmen for local learning and skills councils

Nursery education, special schools and children with statements

Education Act 1996

Rights of appeal in relation to registration

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Rights of appeal in relation to registration

Disclosure of criminal record

Constitution of Education Action Forum

Environmental Protection Act 1990 (c. 43)

Learning and Skills Act 2000 (c. 21)

Education Act 1996 (c. 56)

Education Act 1997 (c. 44)

Teaching and Higher Education Act 1998 (c. 30)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

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

The local curricula

116A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116H

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116J

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116K

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116O

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection of nursery education

Supplementary provisions relating to transfer or delegation of functions

Local authority functions concerning school lunches, milk etc.

Teachers engaged otherwise than as employees

Further education institutions: records

Nursery education, special schools and children with statements

Diocesan Boards of Education Measure 1991

Rights of appeal in relation to registration

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Suspension of registration

Introductory

School Standards and Framework Act 1998 (c. 31)

Tribunals and Inquiries Act 1992 (c. 53)

Consequential amendments

Learning and Skills Act 2000 (c. 21)

116B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116L

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116M

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116N

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29A

(1) The governing body of a maintained school in England may require any registered pupil to attend at any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.

(2) In subsection (1) “maintained school” does not include a maintained nursery school.

(3) Regulations must make provision—

(a) requiring prescribed persons to be given prescribed information relating to the imposition of any requirement under subsection (1), and

(b) requiring the governing body of the school to keep under review the imposition of any such requirement.

(4) Regulations under this section may also make provision—

(a) requiring a governing body exercising functions under subsection (1) or under the regulations to have regard to any guidance given from time to time by the Secretary of State,

(b) prohibiting a governing body from exercising the power conferred by subsection (1) in such a way that any pupil is required to receive educational provision outside the school premises for a greater number of days in a school year than is specified in the regulations,

(c) requiring the governing body to request prescribed persons to participate in any review of the imposition of a requirement under subsection (1),

(d) about the time within which the first review must be held and the intervals at which subsequent reviews must be held, and

(e) in relation to any other matter relating to the exercise of the power conferred by subsection (1).

11

Paragraph 8 has effect subject to—

(a) any provision made by an order under section 231(2)(a) or 233(2)(a) of the Apprenticeships, Skills, Children and Learning Act 2009;

(b) any provision made by an order under section 233(2)(d) or 234(2)(b) or (4)(b) of that Act, where the order provides that it is to have effect for determining the conditions of employment of persons to whom it applies.

Schools forums

Exclusion of pupils

Power of Secretary of State to provide for governing body to consist of interim executive members

Power of LEA to provide for governing body to consist of interim executive members

Regulation of child minding and day care

Formation of local curricula for pupils in Key Stage 4

Delegation of functions relating to allowances

The Special Educational Needs Tribunal for Wales

Local authority functions concerning school lunches, milk etc.

Supplementary provisions relating to transfer or delegation of functions

Parental preferences

Children permanently excluded from two or more schools

Appeal arrangements: general

208A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Teaching and Higher Education Act 1998 (c. 30)

Education Act 1997 (c. 44)

Public Passenger Vehicles Act 1981 (c. 14)

Consequential amendments

Education Act 1994 (c. 30)

School Standards and Framework Act 1998 (c. 31)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

Purpose and interpretation of Chapter 1

Annual report

Governing bodies

Instruments of government

Limits on power to provide community facilities etc.

Power of governing body to provide higher education

Power of Secretary of State to set minimum schools budget

Admission forums

Admission numbers

Repeal of power to make certain special arrangements for preserving religious character

Requirement to be qualified

Prohibition from teaching, etc.

Early years development and childcare partnerships and plans

The General Teaching Councils for England and Wales

Early years development and childcare partnerships and plans

Learning agreements

Allowances in respect of education or training

Application of Part 5 of Education Act 1996 to nursery education

Recoupment: adjustment between local authorities

Children permanently excluded from two or more schools

...

Education Act 1996

Appeal arrangements: general

Education Act 1996

Diocesan Boards of Education Measure 1991 (1991 No. 2)

Further and Higher Education Act 1992 (c. 13)

Education Act 1996 (c. 56)

Disability Discrimination Act 1995 (c. 50)

Education Act 1997 (c. 44)

Education Act 1994 (c. 30)

...

Education Act 1994 (c. 30)

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Proposals in relation to sixth forms

Chairman

Disqualification for registration

Disclosure of criminal record

Rights of entry etc.

Expansion or reduction of zone

School Inspections Act 1996 (c. 57)

Education Act 1997 (c. 44)

Teaching and Higher Education Act 1998 (c. 30)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

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

Formation of local curricula for pupils in Key Stage 4

Wales

Meaning of “appeal panel”

Appeal arrangements: general

Children permanently excluded from two or more schools

Environmental Protection Act 1990 (c. 43)

Constitution of Education Action Forum

...

Saving and transitional provision

Introductory

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Proposals in relation to sixth forms

Membership

Saving and transitional provision

Local Government Act 1974 (c. 7)

Teaching and Higher Education Act 1998 (c. 30)

Education Act 1996 (c. 56)

School Standards and Framework Act 1998 (c. 31)

Protection of Children Act 1999 (c. 14)

Learning and Skills Act 2000 (c. 21)

Freedom of Information Act 2000 (c. 36)

Local Government Act 1974 (c. 7)

Saving and transitional provision

Local Government Act 1974 (c. 7)

Local Government Act 1972 (c. 70)

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Education Reform Act 1988 (c. 40)

Freedom of Information Act 2000 (c. 36)

Learning and Skills Act 2000 (c. 21)

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

Teaching and Higher Education Act 1998 (c. 30)

Learning and Skills Act 2000 (c. 21)

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

Induction periods: teachers in England

135A

(1) Regulations may make provision for, and in connection with, requiring persons employed as teachers at relevant schools in England, subject to such exceptions as may be provided by or under the regulations, to have satisfactorily completed an induction period of not less than three school terms in—

(a) a relevant school,

(b) in such circumstances as may be prescribed, a nursery school that—

(i) is not maintained by a local authority, and

(ii) is not a special school,

(c) in such circumstances as may be prescribed, an independent school or an alternative provision Academy that is not an independent school, or

(d) in such circumstances as may be prescribed, an institution within the further education sector (or an institution within the further education sector of a prescribed description) or a 16 to 19 Academy .

(2) Regulations under this section may, in particular, make provision—

(a) as to the length of the induction period in any prescribed circumstances;

(b) as to periods of employment which are to count towards the induction period;

(c) as to the number of induction periods that a person may serve, and the circumstances in which a person may serve more than one induction period;

(d) precluding a relevant school, in such circumstances as may be prescribed, from being one at which an induction period may be served;

(e) as to supervision and training during a person's induction period;

(f) authorising the Secretary of State to determine the standards against which a person is to be assessed for the purpose of deciding whether the person has satisfactorily completed an induction period;

(g) requiring the appropriate body to decide whether a person—

(i) has achieved those standards and has accordingly satisfactorily completed his or her induction period, or

(ii) should have his or her induction period extended by such period as may be determined by the appropriate body, or

(iii) has failed satisfactorily to complete his or her induction period;

(h) requiring the head teacher of a school to make a recommendation to the appropriate body as to whether a person has achieved the standards mentioned in paragraph (f);

(i) requiring the appropriate body to inform the Secretary of State of any decision under paragraph (g);

(j) requiring the employer of a person employed as a teacher at a relevant school to secure—

(i) the termination of that person's employment as a teacher, or

(ii) that the person only undertakes such teaching duties as may be determined in accordance with the regulations,

in such circumstances following a decision that the person has failed satisfactorily to complete his or her induction period as may be prescribed;

(k) authorising or requiring the appropriate body to exercise such other functions as may be prescribed (which may include functions with respect to the provision of assistance to schools institutions within the further education sector or 16 to 19 Academies or of training for teachers);

(l) authorising the appropriate body in such circumstances as may be prescribed to make such reasonable charges in connection with the exercise of its functions under the regulations as it may determine;

(m) requiring any person or body exercising any prescribed function under the regulations to have regard to any guidance given from time to time by the Secretary of State as to the exercise of that function.

(3) Regulations under subsection (1)(d) may, in particular—

(a) provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period;

(b) provide for approval to be general or specific;

(d) impose conditions or limitations on the appropriate body's power to give or withhold approval.

(4) In this section—

“the appropriate body” means such person or body (including a local authority) as may be prescribed by, or determined by the Secretary of State in accordance with, regulations under this section (and such regulations may provide for an appropriate body which is not a local authority to include a representative of such an authority);

“relevant school” means a school maintained by a local authority or a special school not so maintained.

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