Education Act 2005

Type Public General Act
Publication 2005-04-07
Last updated 2025-09-01
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (b) the additional inspector has previously conducted an inspection under that section under the supervision of one of Her Majesty's Inspectors of Schools in England (“the supervising inspector”) to the satisfaction of the supervising inspector.

Remuneration, pensions etc.

3
  • (1) There are to be paid to the Chief Inspector such remuneration, and such travelling and other allowances, as the Secretary of State may determine.
  • (2) In the case of any such Chief Inspector as may be determined by the Secretary of State, there is to be paid—
  • (a) such pension, allowance or gratuity to or in respect of him, or
  • (b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as may be so determined.

  • (3) If, when any person ceases to hold office as Chief Inspector, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him such sum by way of compensation as may be determined by the Secretary of State.

Official seal

4

The Chief Inspector is to continue to have an official seal for the authentication of documents required for the purposes of his functions.

Performance of functions

5
  • (1) Subject to sub-paragraph (3) and paragraph 2(8), anything authorised or required by or under this Part of this Act or any other enactment to be done by the Chief Inspector may be done by—
  • (a) any of Her Majesty's Inspectors of Schools in England,
  • (b) any other member of his staff, or
  • (c) any additional inspector,

who is authorised generally or specially in that behalf by the Chief Inspector.

  • (2) Without prejudice to the generality of sub-paragraph (1), the references to the Chief Inspector in sections 4 and 10 (powers of entry) include references to any person authorised to act on his behalf under sub-paragraph (1).
  • (3) The making of any report of an inspection of a school under section 5 which states the opinion that special measures are required to be taken in relation to the school must be personally authorised by—
  • (a) the Chief Inspector, or
  • (b) one of Her Majesty's Inspectors of Schools in England who is authorised by the Chief Inspector for the purposes of this sub-paragraph.

Documentary evidence

6

The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief Inspector as if—

  • (a) he were included in the first column of the Schedule to that Act,
  • (b) he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and
  • (c) the regulations referred to in that Act included any document issued by him or any such person.

SCHEDULE 2

Chief Inspector’s other staff

1

The Chief Inspector may, with the approval of the Assembly as to numbers and terms and conditions of service, appoint such staff, in addition to inspectors who are members of his staff by virtue of section 19(3), as he thinks fit.

Additional inspectors

2
  • (1) The Chief Inspector may arrange for such persons as he thinks fit to assist him in the discharge of his functions in relation to a particular case or class of case.
  • (2) Any person assisting the Chief Inspector under any such arrangements is to be known as an additional inspector.
  • (3) Any arrangements which provide for assistance by persons who are not members of the Chief Inspector's staff must be made on terms agreed by him with the Assembly.
  • (4) An additional inspector acting within the authority conferred on him by the Chief Inspector has all the powers of one of Her Majesty's Inspectors of Education and Training in Wales.

Remuneration, pensions etc.

3
  • (1) There are to be paid to the Chief Inspector such remuneration, and such travelling and other allowances, as the Assembly may determine.
  • (2) In the case of any such Chief Inspector as may be determined by the Assembly, there is to be paid—
  • (a) such pension, allowance or gratuity to or in respect of him, or
  • (b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as may be so determined.

  • (3) If, when any person ceases to hold office as Chief Inspector, the Assembly determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him such sum by way of compensation as may be determined by the Assembly.

Official seal

4

The Chief Inspector is to continue to have an official seal for the authentication of documents required for the purposes of his functions.

Performance of functions

5
  • (1) Anything authorised or required by or under this Part of this Act or any other enactment to be done by the Chief Inspector may be done by—
  • (a) any of Her Majesty's Inspectors of Education and Training in Wales,
  • (b) any other member of his staff, or
  • (c) any additional inspector,

who is authorised generally or specially in that behalf by the Chief Inspector.

  • (2) Without prejudice to the generality of sub-paragraph (1), the references to the Chief Inspector in section 23 include references to any person authorised to act on his behalf under sub-paragraph (1).

Documentary evidence

6

The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief Inspector as if—

  • (a) he were included in the first column of the Schedule to that Act,
  • (b) he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and
  • (c) the regulations referred to in that Act included any document issued by him or any such person.

SCHEDULE 3

Constitution of tribunals

1
  • (1) A tribunal constituted to hear an appeal under section 27 (“a tribunal”) is to consist of—
  • (a) a chairman appointed by the Lord Chief Justice after consulting the Lord Chancellor , and
  • (b) two other members appointed by the Assembly.
  • (2) To be qualified for appointment as chairman of a tribunal, a person must satisfy the judicial-appointment eligibility condition on a 5-year basis.
  • (3) A person may not be appointed after the day on which he attains the age of 75 to be the chairman of a tribunal.
  • (3A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a tribunal constituted to hear an appeal under section 27 may act as a member of such a tribunal at the request of its chairman and with the approval of the President of Welsh Tribunals.
  • (3B) A chairman or other member of a tribunal must vacate office on reaching the age of 75.
  • (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

Procedure of tribunals

2
  • (1) The Assembly may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, tribunals.
  • (2) The regulations may, in particular, make provision—
  • (a) as to the period within which, and manner in which, appeals must be brought,
  • (b) for the holding of hearings in private in prescribed circumstances,
  • (c) as to the persons who may appear on behalf of the parties,
  • (d) for enabling hearings to be conducted even though a member of the tribunal, other than the chairman, is absent,
  • (e) as to the disclosure by the appellant, and others, of documents and the inspection of documents,
  • (f) requiring persons to attend the proceedings and give evidence,
  • (g) as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f),
  • (h) authorising the administration of oaths to witnesses,
  • (i) as to the withdrawal of appeals,
  • (j) as to costs and expenses incurred by any party to the proceedings, and
  • (k) authorising preliminary or incidental matters in relation to an appeal to be dealt with by the chairman of the tribunal hearing that appeal.

Staff

3

The Assembly may make such provision as the Assembly thinks fit for—

  • (a) the allocation of staff for any tribunal,
  • (b) the remuneration of members of tribunals and the reimbursement of their expenses,
  • (c) defraying any reasonable expenses incurred by any tribunal.

SCHEDULE 4

Interpretation

1

In this Schedule—

  • “appropriate authority” means—in relation to a community, foundation or voluntary school, a community ... special school or a maintained nursery school, the school's governing body or, if the school does not have a delegated budget, the local authority, andin relation to a school falling within section 28(2)(d), the proprietor of the school;
  • “inspection” means an inspection under section 28.

Selection of registered inspectors

2
  • (1) Before entering into any arrangement for an inspection by a registered inspector, the Chief Inspector must invite tenders from at least two persons who can reasonably be expected to tender for the proposed inspection and to do so at arm's length from each other, and each of whom is either—
  • (a) a registered inspector, or
  • (b) a person who the Chief Inspector is satisfied would, if his tender were successful, arrange with a registered inspector for the inspection to be carried out.
  • (2) Before an inspection takes place the Chief Inspector must consult the appropriate authority about the inspection.

Inspection teams

3
  • (1) Every inspection must be conducted by a registered inspector or member of the Inspectorate with the assistance of a team (“an inspection team”); and no person may act as a member of an inspection team unless—
  • (a) he is enrolled in the list kept by the Chief Inspector under paragraph 4, or
  • (b) he is a member of the Inspectorate and (if he is not the Chief Inspector) is authorised so to act by the Chief Inspector.
  • (2) It is the duty of the inspector conducting the inspection to ensure that—
  • (a) at least one member of the inspection team is a person—
  • (i) without personal experience in the management of any school or in the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and
  • (ii) whose primary function on the team is not that of providing financial or business expertise, and
  • (b) no member of the inspection team falls within a category of person prescribed for the purposes of this sub-paragraph.
  • (3) Otherwise, the composition of the inspection team is to be determined by the inspector conducting the inspection, subject (in the case of a registered inspector) to his complying with any condition imposed under section 25(4)(c).
  • (4) Any experience of a kind mentioned in sub-paragraph (2)(a) which it is reasonable to regard as insignificant, having regard to the purposes of sub-paragraph (2), may be ignored by the inspector conducting the inspection.
  • (5) It is the duty of the inspector conducting the inspection to ensure that no person takes part in an inspection if he has, or has at any time had, any connection with—
  • (a) the school in question,
  • (b) any person who is employed at the school,
  • (c) any person who is a member of the school's governing body, or
  • (d) the proprietor of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that school.

Enrolment of persons to act as team members

4
  • (1) The Chief Inspector must keep a list of persons who may act as members of an inspection team by virtue of paragraph 3(1)(a) (“the list”).
  • (2) The Chief Inspector may not enrol any person in the list unless, having regard to any conditions that he proposes to impose under section 25(4)(c) (as it applies in accordance with sub-paragraph (4) of this paragraph), it appears to him that that person—
  • (a) is a fit and proper person for carrying out an inspection, and
  • (b) will be capable of assisting in an inspection competently and effectively.
  • (3) An application for enrolment in the list must (except in such circumstances as may be prescribed) be accompanied by the prescribed fee.
  • (4) Subsections (3)(a), (4), (5)(b) and (6) to (9) of section 25 apply in relation to the enrolment of a person in the list and acting as a member of an inspection team as they apply in relation to the registration of a person under subsection (1) of that section and to acting as a registered inspector, but as if the reference in subsection (5)(b) of that section to the need for registered inspectors were a reference to the need for enrolled persons.
  • (5) Sections 26 and 27 and Schedule 3 apply in relation to enrolment on the list and to a person so enrolled as they apply in relation to registration under section 25(1) and to a person so registered, but with any necessary modifications.
  • (6) In its application to an enrolled person in accordance with sub-paragraph (5), section 26 has effect as if the conditions mentioned in subsection (2) of that section were that—
  • (a) that person is no longer a fit and proper person to act as a member of an inspection team;
  • (b) he is no longer capable of assisting in an inspection competently and effectively;
  • (c) there has been a significant failure on his part to comply with any condition imposed under section 25(4)(c) (as it applies in accordance with sub-paragraph (4)).
  • (7) Without prejudice to the generality of paragraph 2(1) of Schedule 3, regulations under that provision may provide that, where a person is appealing simultaneously —
  • (a) against a decision of the Chief Inspector relating to that person's registration, and
  • (b) against a decision of the Chief Inspector relating to that person's enrolment in the list,

both appeals are to be heard at the same time.

Training for inspections

5
  • (1) No person who is not a member of the Inspectorate may conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has, in the opinion of the Chief Inspector, satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector.
  • (2) Where the Chief Inspector provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.
  • (3) Sub-paragraph (1) does not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector.

Meeting with parents

6

Where an inspection is arranged, the appropriate authority for the school concerned must—

  • (a) take such steps as are reasonably practicable to notify—
  • (i) the parents of registered pupils at the school, and
  • (ii) such other persons as may be prescribed,

of the time when the inspection is to take place, and

  • (b) arrange a meeting, in accordance with such provisions as may be prescribed, between the inspector conducting the inspection and those parents of registered pupils at the school who wish to attend.

Rights of entry etc.

7
  • (1) An inspector conducting an inspection, and the members of his inspection team, have at all reasonable times—
  • (a) a right of entry to the premises of the school concerned, and
  • (b) a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for the purposes of the inspection.
  • (2) Where—
  • (a) pupils registered at the school concerned are, by arrangement with another school, receiving part of their education at the other school, and
  • (b) the inspector is satisfied that he cannot properly discharge his duty under section 28(5) in relation to the school concerned without inspecting the provision made for those pupils at that other school,

sub-paragraph (1) applies in relation to that other school as it applies in relation to the school concerned.

  • (3) An inspector conducting an inspection of a school, and the members of his inspection team, also have at all reasonable times—
  • (a) a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by the school, any pupils who—
  • (i) are registered at the school, and
  • (ii) have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person (“the provider”);

  • (b) a right of entry to any premises of the provider used in connection with the provision by him of that education, and
  • (c) a right to inspect and take copies of—
  • (i) any records kept by the provider relating to the provision of that education, and
  • (ii) any other documents containing information so relating,

which the inspector or (as the case may be) member of the team requires for the purposes of the inspection.

Offence of obstructing inspector or inspection team

8
  • (1) It is an offence intentionally to obstruct—
  • (a) the inspector conducting the inspection, or
  • (b) a member of an inspection team,

in the exercise of his functions in relation to an inspection of a school.

  • (2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Replacement of inspector during course of inspection

9
  • (1) This paragraph applies to an inspection where, at any time—
  • (a) after the meeting required by paragraph 6 is held, but
  • (b) before the making of the report of the inspection is completed,

the inspector conducting the inspection becomes (for any reason) unable to continue to discharge his functions as an inspector in relation to the inspection.

  • (2) If the conditions set out in sub-paragraph (3) are satisfied—
  • (a) the Chief Inspector may arrange for that person to be replaced as the inspector conducting the inspection by another person who is either a registered inspector or a member of the Inspectorate, and
  • (b) if he does so, anything done by or in relation to that person in connection with the inspection is, so far as necessary for his effectual replacement by that other inspector, to be regarded as done by or in relation to that other inspector.
  • (3) The conditions are—
  • (a) that the appropriate authority for the school concerned have given the Chief Inspector notice in writing of their agreement to the inspector mentioned in sub-paragraph (1) being replaced under this paragraph, and
  • (b) that the replacement inspector does not have, and has not at any time had, any connection of the kind mentioned in paragraph 3(5) with the school in question or with any other person mentioned there.

SCHEDULE 5

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2

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3

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SCHEDULE 6

Interpretation

1

In this Schedule—

  • “inspection” means an inspection of a school under section 50;
  • “inspector” means the person conducting the inspection.

Inspectors' reports

2
  • (1) An inspection must be carried out within such period as may be prescribed.
  • (2) When an inspection has been completed, the inspector must, before the end of the period prescribed for the purposes of this sub-paragraph, prepare in writing a report of the inspection and a summary of the report.
  • (3) The inspector must, without delay, send the report and summary to the governing body for the school concerned.
  • (4) The governing body must—
  • (a) make any such report and its accompanying summary available for inspection by members of the public, at such times and at such a place as may be reasonable,
  • (b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and
  • (c) take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school—
  • (i) for whom the school provides denominational education, or
  • (ii) who takes part in an act of collective worship the content of which falls to be inspected under section 50,

as the case may be, receives a copy of the summary as soon as is reasonably practicable.

Action plans

3
  • (1) The governing body to whom an inspector has reported under this Schedule must, before the end of the prescribed period, prepare a written statement (“the action plan”) of the action which they propose to take in the light of his report and the period within which they propose to take it.
  • (2) Where an action plan has been prepared by a governing body, they must, before the end of the prescribed period, send copies of it to the person who appoints the school's foundation governors, to the local authority and to such other persons (if any), in such circumstances, as may be prescribed.
  • (3) The governing body must—
  • (a) make any action plan prepared by them available for inspection by members of the public, at such times and at such a place as may be reasonable,
  • (b) provide a copy of the plan, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply) to any person who asks for one, and
  • (c) take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school—
  • (i) for whom the school provides denominational education, or
  • (ii) who takes part in acts of collective worship the content of which falls to be inspected under section 50,

as the case may be, receives a copy of the plan as soon as is reasonably practicable.

  • (4) Where the governing body of a school have prepared an action plan, they must include in their governors' report under section 30 of the Education Act 2002 (c. 32) a statement of the extent to which the proposals set out in the plan have been carried into effect.
  • (5) Sub-paragraph (4) applies only in relation to the most recent action plan for the school in question.

SCHEDULE 7

Part 1 — Child minding and day care: amendments of Children Act 1989

1

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

2

Omit section 79P of the Children Act 1989 (early years child care inspectorate for England).

3
  • (1) Section 79Q of the Children Act 1989 (inspection of provision of child minding and day care in England) is amended as follows.
  • (2) In subsection (1), for “provision” substitute “ provider ”.
  • (3) In subsection (2), omit “or secure the inspection by a registered inspector of”.
  • (4) In subsection (3), omit “or secure the inspection by a registered inspector of”.
  • (5) Omit subsection (4).
  • (6) After subsection (5) insert—

(5A) Regulations may make provision requiring a registered person, except in prescribed cases, to notify prescribed persons of the fact that any child minding or day care provided by the registered person is to be inspected under this section.

  • (7) For subsection (6) substitute—

(6) When conducting an inspection under this section the Chief Inspector shall report in writing on— (a) the quality and standards of the child minding or day care provided, (b) how far the child minding or day care meets the needs of the range of children for whom it is provided, (c) the contribution made by the child minding or day care to the well-being of the children for whom it is provided, and (d) in the case of day care, the quality of leadership and management in connection with its provision. (6A) In subsection (6)(c), the reference to well-being is a reference to well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004.

  • (8) Omit subsection (7).
4
  • (1) Section 79R of the Children Act 1989 (c. 41) (reports of inspections) is amended as follows.
  • (2) Omit subsections (1) and (2).
  • (3) For subsection (3) substitute—

(3) Where the Chief Inspector reports on an inspection under section 79Q he— (a) may send a copy of the report to the Secretary of State, and shall do so without delay if the Secretary of State requests a copy; (b) shall ensure that a copy of the report is sent to the registered person providing the child minding or day care that was inspected; (c) shall ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other authorities or persons as may be prescribed; and (d) may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.

  • (4) After subsection (3) insert—

(3A) Regulations may make provision— (a) requiring a registered person to make a copy of any report sent to him under subsection (3)(b) available for inspection by prescribed persons, (b) requiring a registered person, except in prescribed cases, to provide a copy of the report to prescribed persons, and (c) authorising a registered person in prescribed cases to charge a fee for providing a copy of the report.

  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
  • (1) Section 79T of the Children Act 1989 (c. 41) (inspection: Wales) is amended as follows.
  • (2) In subsection (2)(a), omit “the quality and standards of”.
  • (3) In subsection (4), for “section 42A of the School Inspections Act 1996” substitute “ section 29 of the Education Act 2005 ”.
6

In section 79U of the Children Act 1989 (rights of entry etc.), in subsection (4), for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

Part 2 — Nursery education: amendments of School Standards and Framework Act 1998

7
  • (1) Section 122 of the School Standards and Framework Act 1998 (c. 31) (inspection of nursery education) is amended as follows.
  • (2) In subsection (3), for “the Chief Inspector” substitute “ the Chief Inspector for Wales ”.
  • (3) In subsection (4), for “ “the Chief Inspector” means Her Majesty's Chief Inspector of Schools in England or” substitute “ “the Chief Inspector for Wales” means“” .
8

Schedule 26 to the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows.

9
  • (1) Paragraph 1 is amended as follows.
  • (2) In sub-paragraph (1)—
  • (a) before paragraph (a) insert—

(za) nursery education provided in a maintained school or a maintained nursery school;

  • (b) in paragraph (a), after “nursery education” insert “ not falling within paragraph (za) ”;
  • (c) for paragraph (b) substitute—

(b) nursery education which is provided by any other person under arrangements made with that person by a local authority in pursuance of the duty imposed on the authority by section 118 and in consideration of financial assistance provided by the authority under the arrangements.

  • (3) In sub-paragraph (2), for the words from “to whom” onwards substitute “ with whom a local authority are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements ”.
  • (4) For sub-paragraph (3) substitute—

(3) Where— (a) any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b) (“the prescribed age”), and (b) that education is provided by a person— (i) who proposes to provide nursery education at those premises for children who have attained the prescribed age, and (ii) with whom a local authority are considering making arrangements of the kind mentioned in sub-paragraph (2), the education is to be treated for the purposes of this Schedule as nursery education under consideration for funding even though it is provided for children who have not attained the prescribed age.

10
  • (1) Paragraph 2 is amended as follows.
  • (2) For sub-paragraph (1) substitute—

(1) In this Schedule— (a) “the Chief Inspector for England” means Her Majesty's Chief Inspector of Schools in England, (b) “the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and (c) “the Chief Inspector” (without more) means— (i) as respects nursery education provided in England, the Chief Inspector for England, and (ii) as respects nursery education provided in Wales, the Chief Inspector for Wales.

  • (3) In sub-paragraph (2), after “registered” insert “ Welsh ”.
  • (4) For sub-paragraph (3) substitute—

(3) In this Schedule “members of the Welsh Inspectorate” means— (a) the Chief Inspector for Wales, (b) Her Majesty's Inspectors of Education and Training in Wales, and (c) additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.

  • (5) Omit sub-paragraph (4).
  • (6) At the end insert—

(5) In this Schedule “well-being”— (a) in relation to children for whom nursery education is provided in England, is a reference to their well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004, and (b) in relation to children for whom such education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of that Act.

11

In paragraph 3, before the “and” immediately following paragraph (a) insert—

(aa) how far relevant nursery education meets the needs of the range of children for whom it is provided, (ab) the quality of leadership and management in connection with the provision of relevant nursery education, (ac) the contribution of relevant nursery education to the well-being of the children for whom it is provided,

.

12

For paragraphs 6 and 7 substitute—

(6A) (1) The Chief Inspector for England— (a) shall at such intervals as may be prescribed inspect relevant nursery education provided in England, (b) shall inspect relevant nursery education, or nursery education under consideration for funding, provided in England, at any time when the Secretary of State requires the Chief Inspector for England to secure its inspection, and (c) may inspect relevant nursery education, or nursery education under consideration for funding, provided in England, at any other time when the Chief Inspector for England considers that it would be appropriate for it to be inspected. (2) Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 5 of the Education Act 2005 (inspections of certain schools) applies. (3) A requirement such as is mentioned in sub-paragraph (1)(b) may be imposed in relation to nursery education provided at particular premises or a class of premises. (4) Regulations may make provision requiring the responsible person to notify prescribed persons of the fact that relevant nursery education or nursery education under consideration for funding provided by the responsible person is to be inspected under this paragraph. (5) In sub-paragraph (4) “the responsible person”, in relation to any relevant nursery education or nursery education under consideration for funding, means such person as may be prescribed. (6B) (1) The Chief Inspector for Wales— (a) shall secure that relevant nursery education provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at such intervals as may be prescribed, (b) shall secure that relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any time when the National Assembly for Wales requires the Chief Inspector for Wales to secure its inspection, and (c) may secure that any relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any other time when the Chief Inspector for Wales considers that it would be appropriate for it to be inspected. (2) Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 28 of the Education Act 2005 (duty to arrange regular inspections of certain schools) applies. (3) The Chief Inspector for Wales may comply with sub-paragraph (1) either by organising inspections or by making arrangements with others for them to organise inspections. (4) A requirement such as is mentioned in sub-paragraph (1)(b) may relate to nursery education provided at particular premises or a class of premises. (7) A person conducting an inspection under paragraph 6A or 6B shall report on— (a) the quality and standards of the nursery education provided, (b) how far that nursery education meets the needs of the range of children for whom the education is provided, (c) the quality of leadership and management in connection with the provision of the nursery education, (d) the contribution made by that nursery education to the well-being of those children, and (e) so far as it is reasonably practicable to do so, the spiritual, moral, social and cultural development of the children for whom the nursery education is provided.

13

At the end of the heading before paragraph 8 insert “ for Wales ”.

14
  • (1) Paragraph 8 is amended as follows.
  • (2) In sub-paragraph (1), omit the words from the beginning to “England and”.
  • (3) After “Chief Inspector” wherever occurring in sub-paragraphs (2) to (8) insert “ for Wales ”.
  • (4) In sub-paragraph (2)—
  • (a) for “6” (in both places) substitute “ 6B ”, and
  • (b) in paragraph (a), after “registered” insert “ Welsh ”.
  • (5) In sub-paragraph (3)—
  • (a) in paragraph (a), after “registered” insert “ Welsh ”, and
  • (b) in paragraph (b), for “6” substitute “ 6B ”.
  • (6) In sub-paragraph (5), omit “England and”.
  • (7) In sub-paragraph (7), for “registered nursery education inspector” substitute “ registered Welsh nursery education inspector ”.
15
  • (1) Paragraph 9 is amended as follows.
  • (2) In sub-paragraph (1), after “Chief Inspector” insert “ for Wales ”.
  • (3) In sub-paragraph (2)—
  • (a) in paragraph (a), after “registered” insert “ Welsh ”, and
  • (b) in paragraphs (a) and (d), for “6” substitute “ 6B ”.
  • (4) In sub-paragraph (3), after “Chief Inspector” insert “ for Wales ”.
  • (5) Omit sub-paragraph (5).
16
  • (1) Paragraph 10 is amended as follows.
  • (2) In sub-paragraph (1), after “Chief Inspector” insert “ for Wales ”.
  • (3) Omit sub-paragraph (1A).
  • (4) For sub-paragraph (2) substitute—

(2) An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.

  • (5) In sub-paragraphs (4) and (5) after “Chief Inspector” insert “ for Wales ”.
17

For the heading before paragraph 11 substitute “ Training of registered Welsh nursery education inspectors ”.

18
  • (1) Paragraph 11 is amended as follows.
  • (2) In sub-paragraph (1)—
  • (a) after “registered” insert “ Welsh ”, and
  • (b) after “Chief Inspector”, in both places, insert “ for Wales ”.
  • (3) In sub-paragraphs (2) and (3), after “Chief Inspector” insert “ for Wales ”.
19

In paragraph 12, for “6” substitute “ 6B ”.

20

For paragraph 13 (and the heading immediately preceding it) substitute—

(13A) (1) After an inspection under paragraph 6A, the Chief Inspector for England shall— (a) make a report in writing, and (b) ensure that a copy of the report is sent without delay— (i) to the responsible person, and (ii) to such other authorities and persons as may be prescribed. (2) Regulations may make provision— (a) requiring the responsible person to make a copy of any report sent to him under sub-paragraph (1)(b)(i) available for inspection by prescribed persons, (b) requiring the responsible person to provide a copy of the report to prescribed persons, and (c) authorising the responsible person in prescribed cases to charge a fee for providing a copy of the report. (3) In sub-paragraph (2) “responsible person” has the meaning given by paragraph 6A(5). (4) Subsections (2) to (4) of section 11 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to England as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section. (13B) (1) Where a person has conducted an inspection under paragraph 6B he shall make his report in writing to the Chief Inspector for Wales within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector for Wales may consider necessary. (2) Once the report of an inspection has been made to the Chief Inspector for Wales under sub-paragraph (1) he shall without delay send a copy to such authorities and persons as may be prescribed. (3) Regulations may require any prescribed person to whom a copy of the report is sent under subsection (2) to make a copy of the report available for inspection by prescribed persons. (4) Subsections (2) to (4) of section 29 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to Wales as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.

21

For paragraph 14 substitute—

(14) (1) The annual report of the Chief Inspector for England required by paragraph (a) of section 3 of the Education Act 2005 to be made to the Secretary of State shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by paragraph (b) of that section to make other reports to the Secretary of State includes a power to make reports which fall within the scope of his functions by virtue of this Schedule. (2) The annual report of the Chief Inspector for Wales required by subsection (1)(a) of section 21 of the Education Act 2005 to be made to the National Assembly for Wales shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by subsection (1)(b) of that section to make other reports to the Assembly includes a power to make reports which fall within the scope of his functions by virtue of this Schedule.

22

In paragraph 16, for “6” substitute “ 6A or 6B ”.

23

For paragraph 17 substitute—

(17) Where an inspection in Wales is being conducted by a registered Welsh nursery education inspector under paragraph 6B, the Chief Inspector for Wales may arrange for the inspection to be monitored by one or more members of the Welsh Inspectorate.

24
  • (1) Paragraph 18 is amended as follows.
  • (2) For sub-paragraph (1) substitute—

(1) This paragraph applies to— (a) the Chief Inspector for England when conducting an inspection under paragraph 6A, (b) a registered Welsh nursery education inspector or member of the Welsh Inspectorate conducting an inspection under paragraph 6B, or (c) a member of the Welsh Inspectorate monitoring under paragraph 17 an inspection under paragraph 6B.

  • (3) For sub-paragraphs (3) and (4) substitute—

(3) Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act. (4) It shall be an offence— (a) intentionally to obstruct the Chief Inspector for England in the exercise of his functions in relation to an inspection under paragraph 6A, or (b) intentionally to obstruct a member of the Welsh Inspectorate or a registered Welsh nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6B.

SCHEDULE 8

1

In this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).

2

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

3

For sections 163 and 164 of the 2002 Act substitute—

(163) (1) The registration authority may at any time— (a) require the Chief Inspector for Wales to inspect any registered school in Wales, or to secure its inspection by one or more registered inspectors, or (b) arrange for the inspection of any registered school by a body approved by the registration authority for the purposes of this subsection. (2) The inspection of a school under this section shall relate to— (a) such of the independent school standards as are, at the time of the inspection, specified by the registration authority for the purposes of this section in relation to any category of school into which that school falls, or (b) if the registration authority so determines, such of the independent school standards as the registration authority may specify in relation to that school. (3) A person who conducts an inspection under this section shall— (a) make a report to the registration authority on the extent to which the school meets the standard or standards to which the inspection relates, and (b) if the registration authority so requires, arrange for the publication of the report in the prescribed manner. (4) A report published under subsection (3) is privileged for the purposes of the law of defamation unless the publication is shown to be made with malice (but without prejudice to any privilege subsisting apart from this subsection). (5) In this section and section 164— - “the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales; - “registered inspector” means a person registered under section 25 of the Education Act 2005. (164) (1) This section applies to the inspection of a school which is conducted by the Chief Inspector for Wales or a registered inspector under section 163(1)(a). (2) If the inspection is conducted by a registered inspector— (a) he may, by agreement with the Chief Inspector for Wales, be assisted by the Chief Inspector for Wales, and (b) he may be assisted by such one or more persons enrolled in the list kept under paragraph 4 of Schedule 4 to the Education Act 2005 as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below. (3) If the Chief Inspector for Wales so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)— (a) who is without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity, and disregarding any experience which it is reasonable to regard as insignificant), and (b) whose primary function in the inspection is not that of providing financial or business expertise. (4) If the inspection is conducted by a registered inspector, it may be monitored by the Chief Inspector for Wales. (5) The person conducting the inspection, any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection shall have at all reasonable times— (a) a right of entry to the premises of the school, and (b) a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection. (6) Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (5)(b). (7) It is an offence intentionally to obstruct a person in the exercise of his functions in relation to the inspection. (8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (9) The proprietor of the school shall pay the Chief Inspector for Wales, in respect of the inspection, a fee of such amount, and by such time, as may be specified in or determined under regulations. (10) Where the proprietor fails to comply with subsection (9), the registration authority may remove the school from the register. (11) The Chief Inspector for Wales shall pay the amount of any fee received under subsection (9) into the Consolidated Fund. (12) Subsection (11) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief Inspector for Wales).

4

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

5

In section 171 of the 2002 Act (interpretation of Chapter 1 of Part 10), omit the definition of “registered inspector”.

SCHEDULE 9

Parliamentary Commissioner Act 1967 (c. 13)

1

In Schedule 4 to the Parliamentary Commissioner Act 1967, omit the entry beginning “Registered Inspectors of Schools Appeal Tribunals”.

Employment and Training Act 1973 (c. 50)

2
  • (1) Section 10B of the Employment and Training Act 1973 (inspection) is amended as follows.
  • (2) For subsection (6) substitute—

(6) A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005— (a) section 10(1)(a) and (d) (right of access), and (b) section 58 (computer records).

  • (3) In subsection (7), for “Section 42A of the 1996 Act” substitute “ Section 11 of the Education Act 2005 ”.

House of Commons Disqualification Act 1975 (c. 24)

3

Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 is to continue to include the following entries (originally inserted by paragraph 9 of Schedule 1 to the Education (Schools) Act 1992, continued in force by paragraph 2 of Schedule 6 to the School Inspections Act 1996 and amended by virtue of section 73(3)(a) of the Learning and Skills Act 2000)—

Her Majesty's Chief Inspector of Schools in England. Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolgydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4

Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is to continue to include the same entries as those specified in paragraph 3 of this Schedule (originally inserted by paragraph 9 of Schedule 1 to the Education (Schools) Act 1992, continued in force by paragraph 3 of Schedule 6 to the School Inspections Act 1996 and amended by virtue of section 73(3)(a) of the Learning and Skills Act 2000).

Education Reform Act 1988 (c. 40)

5

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

Tribunals and Inquiries Act 1992 (c. 53)

6

In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), in paragraph 15(d) for “Schedule 2 to the School Inspections Act 1996 (c. 57)” substitute “ Schedule 3 to the Education Act 2005 ”.

Judicial Pensions and Retirement Act 1993 (c. 8)

7

In section 26 of the Judicial Pensions and Retirement Act 1993 (retirement date for holders of certain judicial offices etc.) in subsection (8)(h), for “Schedule 2 to the School Inspections Act 1996” substitute “ Schedule 3 to the Education Act 2005 ”.

Disability Discrimination Act 1995 (c. 50)

8

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

Education Act 1996 (c. 56)

9

In section 578(1) (meaning of “the Education Acts”) omit “the School Inspections Act 1996”.

10

In Schedule 36 to the Education Act 1996 (uniform statutory trusts for educational endowments), in paragraph 2(b) for “Part I of the School Inspections Act 1996” substitute “ Part 1 of the Education Act 2005 ”.

Education Act 1997 (c. 44)

11

In section 38 of the Education Act 1997 (inspection of local authorities) in subsection (5)(b) for “paragraph 2 of Schedule 1 to the School Inspections Act 1996” substitute “ paragraph 2 of Schedule 1 to the Education Act 2005 or (as the case requires) paragraph 2 of Schedule 2 to that Act ”.

12

In section 39 of the Education Act 1997 (reports of inspections under section 38 and action plan by local authority), in subsection (4)—

  • (a) for “section 42A(2) to (4) of the School Inspections Act 1996” substitute “ section 11(2) to (4) of the Education Act 2005 or, in relation to Wales, section 29(2) to (4) of that Act ”, and
  • (b) for “section 42A(2)” substitute “ section 11(2) or, as the case may be, section 29(2) ”.
13

In section 40 (inspector's right of entry etc.), in subsection (4) for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

School Standards and Framework Act 1998 (c. 31)

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

Government of Wales Act 1998 (c. 38)

22

In Schedule 6 to the Government of Wales Act 1998 (Her Majesty's Chief Inspector of Education and Training in Wales), in the definition of “the Office of the Chief Inspector” in paragraph 1, for “(in accordance with section 4(3) of, and Schedule 1 to, the School Inspections Act 1996)” substitute “ (in accordance with section 19(3) of, and Schedule 2 to, the Education Act 2005) ”.

Protection of Children Act 1999 (c. 14)

23

In section 9 of the Protection of Children Act 1999 (tribunal to hear certain appeals) omit subsection (2)(ca).

Learning and Skills Act 2000 (c. 21)

24

In section 75 of the Learning and Skills Act 2000 (extended remit of Chief Inspector for Wales), in subsection (2)(a), for “the Schools Inspections Act 1996” substitute “ Part 1 of the Education Act 2005 ”.

25

In section 86 of the Learning and Skills Act 2000 (annual reports), in subsection (1), for “section 5(7)(a) of the School Inspections Act 1996” substitute “ section 21(1)(a) of the Education Act 2005 ”.

26
  • (1) Section 118 of the Learning and Skills Act 2000 (inspection) is amended as follows.
  • (2) For subsection (5) substitute—

(5) A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005— (a) section 10(1)(a) and (d) (right of access), and (b) section 58 (computer records).

  • (3) In subsection (6), for “Section 42A of the 1996 Act” substitute “ Section 11 of the Education Act 2005 ”.
27
  • (1) Section 128 of the Learning and Skills Act 2000 (conduct and effect of inspections) is amended as follows.
  • (2) For subsection (2) substitute—

(2) A person carrying out or participating in the inspection shall have the same powers as an Inspector has under the following provisions of the Education Act 2005— (a) section 24(3)(a) and (d) (right of access), and (b) section 58 (computer records).

  • (3) In subsection (3), for “Section 42A” substitute “ Section 29 ”.

Education Act 2002 (c. 32)

28

In section 63 of the Education Act 2002 (power to require local authority to obtain advisory services) in subsection (1)(a)(i) for “with serious weaknesses” substitute “ requiring significant improvement ”.

29

In section 159 of the Education Act 2002 (unregistered independent schools), in subsection (5), for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

30

In section 36 of the Nationality, Immigration and Asylum Act 2002 (education: general), in subsection (9)(a), for “the School Inspections Act 1996 (c. 57)” substitute “ Part 1 of the Education Act 2005 (school inspections) ”.

SCHEDULE 10

Part 1 — Introductory

1

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

2

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

Part 2 — Approval of proposals by school organisation committee or adjudicator

Submission of proposals to school organisation committee

3

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

Approval of proposals

4

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

Mandatory reference to adjudicator

5

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

Effect of reference to adjudicator

6

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

Proposals to establish Academy

7

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

Provision of information

8

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

local authorityPart 3 — Determination by whether to implement proposals

9

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

Part 4 — Implementation of proposals

Requirement to implement proposal to establish maintained school

10

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

Proposals not falling to be implemented

11

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

Requirement to implement proposals relating to community school

12

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

Requirement to implement proposals relating to foundation or voluntary controlled school

13

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

Requirement to implement proposals relating to voluntary aided school

14

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

Proposals relating to Academy

15

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

SCHEDULE 11

Part 1 — Introductory

1

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

2

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

Part 2 — Directions to bring forward proposals

Directions to bring forward proposals to remedy excessive provision

3

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

Directions to bring forward proposals to remedy insufficient provision

4

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

Supplementary provisions

5

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

6

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

Part 3 — Proposals by Secretary of State

7

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

Part 4 — Procedure for dealing with proposals under paragraph 7

Objections

8

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

Approval of proposals

9

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

Reference to adjudicator of other proposals

10

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

Local inquiry into proposals

11

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

Proposals relating to Academy

12

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

Implementation of proposals

13

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

Part 5 — Transitional exemption orders for purposes of Sex Discrimination Act 1975

14

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

SCHEDULE 12

Education Act 1996 (c. 56)

1
  • (1) Section 5 of the Education Act 1996 (primary schools, secondary schools and middle schools) is amended as follows.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) In subsection (5) for the words from the beginning to “subsection” substitute “ The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection ”.
2

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

3

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

4

In section 580 of the Education Act 1996 (index), after the entry beginning “relevant standard number” insert—

relevant upper age (in relation to a middle school) section 5(3)(b)
5

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

School Standards and Framework Act 1998 (c. 31)

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

Education Act 2002 (c. 32)

16

In section 129 of the Education Act 2002 (transfer of employment), in subsection (1)(a) after “section 28” insert “ , 28A ”.

SCHEDULE 13

Supplementary powers

1

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

Chief officer

2

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

Tenure of members of the Agency

3

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

4

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

Salaries, allowances and pensions

5

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

Staff

6

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

7

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

Committees

8

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

Delegation of functions

9

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

Proceedings

10

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

11

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

12

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

13

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

14

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

Application of seal and proof of instruments

15

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

16

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

Accounts

17

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

Annual reports

18

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

Status of Agency

19

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

SCHEDULE 14

Public Records Act 1958 (c. 51)

1

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

Parliamentary Commissioner Act 1967 (c. 13)

2

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

Superannuation Act 1972 (c. 11)

3

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

House of Commons Disqualification Act 1975 (c. 24)

4

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

Sex Discrimination Act 1975 (c. 65)

5

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

6

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

Race Relations Act 1976 (c. 74)

7

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

8

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

Education (Fees and Awards) Act 1983 (c. 40)

9

In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments), in subsection (3) for paragraph (e) substitute—

(e) any training provider, within the meaning of Part 3 of the Education Act 2005 (training the school workforce), who is receiving financial support under section 78 of that Act from the Training and Development Agency for Schools; (ee) any institution eligible for funding by the Higher Education Funding Council for Wales under Part 3 of that Act;

.

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

10

In the Education (No. 2) Act 1986, omit section 50 (grants for teacher training, etc.).

Education Act 1994 (c. 30)

11

Omit sections 1 to 11 of the Education Act 1994.

12

Omit sections 12 to 17 of the Education Act 1994.

13

For section 18A of the Education Act 1994 substitute—

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