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Education and Inspections Act 2006

Type Public General Act
Publication 2006-11-08
Last updated 2024-11-27
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

[^key-1d8d0a369ca5339154848e4dcfdf1924]: Words in s. 171(5) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 40(2); S.I. 2014/3364, art. 2(z)

[^key-09e26e431c1d3c90935d5555852e6748]: Words in s. 146 heading inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 22(2); S.I. 2015/778, art. 2(1)(c)

[^key-6201fe3eefed17465fbfcc144fc1a58d]: Words in s. 146(1) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 22(3); S.I. 2015/778, art. 2(1)(c)

[^key-42ae27440894a0937edd958909ad36aa]: S. 146(3) omitted (20.3.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 22(4); S.I. 2015/778, art. 2(1)(c)

[^key-c553cd0eb4558e0cc5298f3d85ac5d79]: Sch. 14 paras. 26-28 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

[^key-5962d637006920ddd97ebafa9dea1ac2]: Sch. 14 para. 31 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

[^key-6ae45731b6c449342c80ca5db81da133]: Sch. 13 para. 1(2)(h) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 69(2)(a)(ii); S.I. 2015/841, art. 3(x)

[^key-5c449c82093f6be7c6f36974947d5e83]: Word in Sch. 13 para. 1(2)(d) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 69(2)(a)(i); S.I. 2015/841, art. 3(x)

[^key-22e00f6141c812c2b8808ecca0820fad]: Sch. 13 para. 1(3)(f) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 69(2)(b); S.I. 2015/841, art. 3(x)

[^key-cb1c2a0a2c7d7bb7dd8e5134f83317a0]: Words in s. 123(1)(b) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 51

[^key-c89e04c865057ed0d94daff72ba8ba28]: Words in s. 123(1)(c) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 51

[^key-5da0a86da4851e44039feab4036baa88]: Words in s. 123(1)(g) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 51

[^key-0ec17b52ac87dd0ac3e14deb48713e06]: S. 124(5)(ba) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 52

[^key-c769a8ab770e159e37d5f0b41f30704c]: S. 125(5)(ba) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 53

[^key-ec12736a0c423239d76f04345601f1bb]: S. 126(4)(ba) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 54

[^key-50602555f723f61bef908cfd699a7730]: S. 128(3)(aa) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 55

[^key-221c2e9ff3d12f89f127a07d75db75ec]: S. 129(2)(ba) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 56

[^key-ac67acacb921085c45dd079807f4c2ff]: S. 130(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 57(2)

[^key-8ccfe5ec5370b6c220c40dca26834e66]: Words in s. 130(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 57(3)(a)

[^key-26ce21b15eb9b4afc8bd665ffc831641]: Words in s. 130(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 57(3)(b)

[^key-43f0d7443be0ab5986dba9ba4a837b68]: Words in s. 130(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 57(4)

[^key-5b474b743491fe8f72b42316eb14894f]: Words in s. 159(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 58

[^key-43916382b3301898fbcc3bf9932c82ac]: S. 139 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 1

[^key-273d87132095049d42c0803a5d1a951e]: S. 140 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 1

[^key-8df0678c49a29e1b2ed45388759eeee5]: S. 141 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 1

[^key-0791e5424d8043b879361969ceb8204b]: S. 128(3)(4) applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 2

[^key-27e0a97a9e05155d6eb357b89e593fdb]: S. 128(6)(7) applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 2

[^key-b563be1a222f56cd14a5f32211ae650b]: S. 131 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 2

[^key-1df67e8dc17e36a4a1b51569cee73efe]: S. 132 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 2

[^key-30e71acb6997b37e1ac02e85135089d3]: S. 144 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 4

[^key-666fb2cf6669db92878255198ba58319]: S. 145 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 4

[^key-fc5c1b82b7ecd2d55a26f443fdbc2f50]: Sch. 14 para. 17 omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 236

[^key-991a5f0602727eceeae3299c68943896]: Sch. 6 para. 5A inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 5, 19(2); S.I. 2016/466, reg. 2

[^key-049089843eae90bb689b6d49eb6828ca]: S. 66A inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 4, 19(2); S.I. 2016/466, reg. 2

[^key-447a08a2662ec185a66d1bc10d3c89ae]: Ss. 70A-70C and cross-heading inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 6(3), 19(2); S.I. 2016/466, reg. 2

[^key-fa9d624d5f3e0e4c1315b62a8876bba9]: Words in s. 60 substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-cb4146857bf13770761ee29ac9b180e5]: S. 60(4A)(4B) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(e), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-4021c80a6e5d1bcbdcf6959668f4020b]: S. 60(6A)(6B) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(g), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-2a2b8ad324cdf6af7a27b787a9831b97]: S. 60(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-aff6a4ed544c16f0b301b5810978418e]: S. 60(4)(c) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(c), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-60859199271560e4478db59846b9a952]: Word in s. 60(4)(d) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(d), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-6c9ef17b65eb2c63189abe9fd1311b35]: S. 60(5) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(2)(f), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-b0aaa7e99ad4bfe3d2fc6e732a23f42c]: S. 60(10) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(i), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-a4cdfa4c7256cfedb2271eb05cb65693]: S. 60(7)-(9) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(2)(h), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-2301e98c829a1e64ca2152652f1735f0]: S. 60A(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[^key-f45de32d3f78cc3e6e026a596dae325e]: S. 60A(4)(c) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[^key-ddaf9e24c229609155765821fa70e606]: S. 60A(5) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(2)(c), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[^key-69ed9386890ae64a2bf958a57685a030]: S. 60A(6)(za) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(d), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[^key-b68a07b74acd252c837ac70485a33d11]: Ss. 60A(7)-(10) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(2)(e), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[^key-dc795fe3b789ec3ddbf23024df624df4]: Words in s. 63(3) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(3), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-3b0941466a075ed06ab994201ca41911]: Words in s. 64(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 6(2)(a), 19(2); S.I. 2016/466, reg. 2

[^key-c15ed10fa4996137f0b8c82ca84bf12c]: S. 64(1A) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 6(2)(b), 19(2); S.I. 2016/466, reg. 2

[^key-19c2b0f5010dac520da5e34d430f35cb]: Words in s. 64(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(4), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-1fd0c6bbfd2d4d2a70f527bfab46b334]: Words in s. 64(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(3), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[^key-3f4093b90b2ed3ae73c961f776c33489]: Words in s. 66(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(5), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-cd6d5b0aa8b4fe3d1a5ac4ea666d7c35]: Words in s. 66(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(4), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[^key-4c15aa04728d49cc907cf50ee799aba0]: S. 69A omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(6), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-ee871d803006bbee60b7c4ee866dd1b3]: Words in s. 73 omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(7), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[^key-f991785d3c200bf964a07e0dbbb718f3]: S. 69B(3)(c) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(5)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[^key-df457e70ec0a69e58ce133658ec0fc1e]: Word in s. 69B(3)(d) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(5)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[^key-35b0f56cbb62fe12690dceb0d4e89f75]: Ss. 61, 62 applied by S.I. 2007/2979, Sch. 1 para. 23C(1A) (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 3(a))

[^key-1ca4bcaa085fe69198029e1fec7bb291]: Word in s. 135(1)(e) omitted (10.1.2017) by virtue of The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 43(a)

[^key-cb80eb91028895607bef0b9b85bf0a95]: S. 135(1)(ea) inserted (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 43(b)

[^key-5b55353f7d9180a8f1793af818aa9578]: Words in s. 59(2) inserted (5.9.2016 for specified purposes, 11.1.2017 in so far as not already in force) by Education and Adoption Act 2016 (c. 6), ss. 1(2), 19(2); S.I. 2016/866, reg. 2; S.I. 2017/6, reg. 2(a)

[^key-5d763e131f61ba27abc360faab1df150]: S. 60B inserted (5.9.2016 for specified purposes, 11.1.2017 in so far as not already in force) by Education and Adoption Act 2016 (c. 6), ss. 1(3), 19(2); S.I. 2016/866, reg. 2; S.I. 2017/6, reg. 2(a)

[^key-a7f051c22670ee93148259c984a9c11c]: S. 182(3)(aza) inserted (E.W.) (5.9.2016 for specified purposes, 11.1.2017 in so far as not already in force) by Education and Adoption Act 2016 (c. 6), ss. 1(4), 19(2); S.I. 2016/866, reg. 2; S.I. 2017/6, reg. 2(a)

[^key-96d61c4e3ce05798c71ba3d248418441]: S. 60B excluded (11.1.2017) by The Coasting Schools (England) Regulations 2017 (S.I. 2017/9), regs. 1, 3(1)

[^key-e71939f464217cd385409633331b0787]: S. 107(2)(3) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 20(a); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

[^key-2464fc81f2b9783ac6c07703e2194dfc]: S. 108(7) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 20(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

[^key-04bdda6e81077c130ce00f19a803747e]: S. 125(8) inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), ss. 41(3), 47(2); S.I. 2017/1055, reg. 3(d)

[^key-745cc4efbed7a3fc1f6fe383e39f39a2]: S. 125(4)(aa) inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), ss. 41(2), 47(2); S.I. 2017/1055, reg. 3(d)

[^key-d21fcc1911b8c4fd089020af6fd36447]: Words in s. 135(1)(e) substituted (1.4.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 3; S.I. 2018/346, reg. 4(aa)

[^key-5f73dc0b83fc0907d4cb00773e38195b]: S. 123(1)(ea) inserted (6.11.2018) by The Greater Manchester Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1141), arts. 1(1), 9(2)

[^key-796a359705939baf87754b224149040c]: Word in s. 11(9) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 38(3); S.I. 2014/3364, art. 2(z)

[^M_F_b758b675-6d04-46c8-eb27-7199dbd8404f]: S. 11(9) substituted (1.2.2012 for certain purposes) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 7(8); S.I. 2012/84, art. 3 (with art. 4)

[^key-59636348a15cdf9b09daabe983aa9d7c]: Sch. 3 paras. 4, 5 and cross-heading repealed (29.6.2021) by Diocesan Boards of Education Measure 2021 (No. 1), ss. 21(3)(e), 24(3) (with s. 23(8), Sch. 2 para. 6)

[^key-f2964c2f9db24010076b57c0a9eb4436]: Words in s. 16(1)(c) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 8(2)

[^key-f5225197e0404c667c5aedb6549fe8e3]: Words in s. 88(5) omitted (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 8(3)

[^key-5eb8584c36dde4d1a4de52935470d441]: S. 173 omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 6(j)(i); S.I. 2021/373, art. 8(j)(xvii)

[^key-435d1eb0870123b9aacfef7a97258f8d]: S. 60B excluded (1.9.2022) by The Coasting Schools (England) Regulations 2022 (S.I. 2022/720), regs. 1(1), 3

[^key-8d5237453ed92ecbac2c6524d2f3e471]: S. 60B applied (with modifications) (1.9.2022) by S.I. 2007/2979, Sch. 1 para. 22A (as inserted by The Coasting Schools (England) Regulations 2022 (S.I. 2022/720), regs. 1(1), 6(2)(a))

[^key-79b665ac5ed716c399c37ce8303c453f]: S. 123(5) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 161(3) (with s. 247)

[^key-f8baff04e28a9b0a0b33aa76e01119d4]: S. 123(1)(eb) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 161(2) (with s. 247)

[^key-77558d914d7065f72647c18e4e1caeb7]: Sch. 2 para. 17 in force at 27.11.2024 by S.I. 2024/1219, art. 2

Pupil banding

Right of sixth-form pupils to be excused from attendance at religious worship

Charges for music tuition

School funding

Education and training to satisfy entitlements

Determination by head teacher of behaviour policy

Parenting orders in case of exclusion or misbehaviour

LEAs in England: duty to promote sustainable modes of travel etc

Parenting orders in case of exclusion or misbehaviour

Failure to secure school attendance

Removal of excluded pupils to designated premises

Reports of inspections under section 136

Failure to secure school attendance

Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

Prohibition on participation in management of independent school

Framework power relating to Wales

Miscellaneous amendments relating to Wales

Framework power relating to Wales

Assembly control of orders and regulations

Assembly control of orders and regulations

Financial provisions

Offences relating to independent schools

University bodies: amendment of section 29 of Leasehold Reform Act 1967

Financial provisions

Meaning of “disciplinary penalty”

Responsibility of governing body for discipline

Parenting orders in case of exclusion or misbehaviour

Meaning of “maintained school” and “relevant school” in Chapter 2

Duty of governing body or proprietor where pupil excluded for fixed period

Evidence of authority

Sums received under section 444A of EA 1996

Financial provisions

Prohibition on participation in management: transitional provision

Offences relating to independent schools

Parliamentary control of orders and regulations

University bodies: amendment of section 29 of Leasehold Reform Act 1967

Parliamentary control of orders and regulations

Assembly control of orders and regulations

182A
  • (1) Any statutory instrument containing an order made under section 162(5A) by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Assembly.
  • (2) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the Assembly procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Assembly by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

Power to make consequential and transitional provision etc

Duty of governing body or proprietor where pupil excluded for fixed period

Repeals

Parliamentary control of orders and regulations

Offences relating to independent schools

Restrictions on framework power conferred by section 178

Restrictions on framework power conferred by section 178

Parliamentary control of orders and regulations

Financial provisions

Meaning of “maintained school” and “eligible for intervention”

60A
  • (1) A maintained school is by virtue of this section eligible for intervention if—
  • (a) the local authority have given the governing body a warning notice in accordance with subsection (2),
  • (b) the period for compliance specified in the notice (“the compliance period”) has expired,
  • (c) the governing body have failed to comply, or secure compliance, with the notice to the local authority's satisfaction by the end of the compliance period, and
  • (d) the local authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 64 to 66.
  • (2) A local authority may give a warning notice to the governing body of a maintained school where the authority are satisfied that—
  • (a) the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or
  • (b) the governing body have failed to secure that the head teacher of the school complies with such a provision.
  • (3) In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.
  • (4) For the purposes of this section a “warning notice” is a notice in writing by the local authority setting out—
  • (a) the matters on which the conclusion mentioned in subsection (2) is based,
  • (b) the action which they require the governing body to take in order to remedy those matters,
  • (c) the compliance period for the purposes of subsection (1)(c), and
  • (d) the action which the local authority are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) The local authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—
  • (za) the Secretary of State,
  • (a) the head teacher of the school,
  • (b) in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
  • (c) in the case of a foundation or voluntary school, the person who appoints the foundation governors.
  • (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69A

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

69B
  • (1) This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.
  • (2) The condition is that there are reasonable grounds for a local authority to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).
  • (3) The condition is that one of the following applies—
  • (a) the authority have not given a warning notice to the governing body under section 60A on those grounds;
  • (b) the authority have done so, but in inadequate terms;
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section 60A(1)(b)) has ended.
  • (4) The Secretary of State may direct the local authority to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.
  • (5) If the Secretary of State gives a direction under subsection (4) to a local authority in respect of a governing body, the authority must—
  • (a) give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,
  • (b) when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and
  • (c) give the Secretary of State the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.
  • (6) The local authority's response to the direction must do one of the following—
  • (a) state that the authority have decided to give a warning notice to the governing body in the specified terms;
  • (b) state that the authority have decided not to give a warning notice to the governing body in those terms.
  • (7) If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—
  • (a) give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60A), and
  • (b) on the same day as they do so, give the Secretary of State a copy of the notice.
  • (8) If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—
  • (a) the response must set out the authority's reasons for the decision, and
  • (b) the Secretary of State may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 60A).
  • (9) If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—
  • (a) comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and
  • (b) on the same day as they do so, give the Secretary of State a copy of the notice.
  • (10) Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).
  • (11) A direction under this section must be in writing.

Inspection administrators

11A
  • (1) The Chief Inspector may enter into arrangements with inspection service providers under which they provide the services of persons to provide administrative support in connection with the carrying out of inspections.
  • (2) A person providing administrative support in pursuance of arrangements under sub-paragraph (1) is to be known as an inspection administrator.
  • (3) The Chief Inspector may not authorise an inspection administrator to conduct an inspection.

Parliamentary control of orders and regulations

Power to make consequential and transitional provision etc

Financial provisions

Inspection administrators

Duties in relation to high standards and the fulfilment of potential

Publication of proposals to establish maintained schools: special cases

Code for school admissions

Role of admission forums

Duty of governing body to implement decisions relating to admissions

Admission arrangements for schools with religious character: consultation and objections

Prohibition on interviews

Procedure for giving directions under section 96 of SSFA 1998

Directions to admit child to specified school: supplementary provisions

Power of Assembly to make regulations about looked after children

Right of sixth-form pupils to be excused from attendance at religious worship

Charges for music tuition

Further amendments relating to travel to schools etc

Power to charge for provision of meals etc

Power to charge for provision of meals etc

Local authorities in England: duty to have regard to religion or belief in exercise of travel functions

Power to charge for provision of meals etc

Meaning of “disciplinary penalty”

Prohibition on participation in management: transitional provision

Restrictions on framework power conferred by section 178

Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

Interaction with other authorities

Repeals

Inspection administrators

Inspection administrators

Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

Prohibition on participation in management of independent school

Prohibition on participation in management: supplementary

Parliamentary control of orders and regulations

Restrictions on framework power conferred by section 178

Local authorities in England: duty to have regard to religion or belief in exercise of travel functions

Power to charge for provision of meals etc

Responsibility of governing body for discipline

Parenting orders in case of exclusion or misbehaviour

Duty of governing body or proprietor where pupil excluded for fixed period

Parliamentary control of orders and regulations

Prohibition on participation in management: transitional provision

Parliamentary control of orders and regulations

Repeals

Inspection administrators

6A
  • (1) If a local authority in England think a new school needs to be established in their area, they must seek proposals for the establishment of an Academy.
  • (2) The local authority must specify a date by which any proposals sought under subsection (1) must be submitted to them.
  • (3) After the specified date, the local authority must notify the Secretary of State—
  • (a) of the steps they have taken to seek proposals for the establishment of an Academy, and
  • (b) of any proposals submitted to them as a result before the specified date, or of the fact that no such proposals have been submitted to them before that date.
  • (4) A notification under subsection (3) must—
  • (a) identify a possible site for the Academy, and
  • (b) specify such matters as may be prescribed.

Withdrawal of notices under section 7

7A
  • (1) This section applies where a local authority have published a notice under section 7.
  • (2) At any time before the date specified in the notice—
  • (a) the local authority may withdraw it, with the consent of the Secretary of State, or
  • (b) the Secretary of State may direct the local authority to withdraw it.

General duties of governing body of maintained school

Role of admission forums

Restrictions on alteration of admission arrangements

Direction to admit looked after child to specified school

Pupil banding

Right of sixth-form pupils to be excused from attendance at religious worship

Removal of requirement to issue code of practice as to relationships between local authorities and maintained schools in England etc

Power of local authority to provide for governing body to consist of interim executive members

Power of local authority to provide for governing body to consist of interim executive members

Power of local authority to provide for governing body to consist of interim executive members

Learning and Skills Council for England: transport etc for persons of sixth form age

Parenting orders in case of exclusion or misbehaviour

Enforcement of disciplinary penalties: general

Removal of excluded pupils to designated premises

Parenting contracts and parenting orders: further provisions

Failure to secure school attendance

Removal of excluded pupils to designated premises

Reports of inspections under section 136

Restrictions on framework power conferred by section 178

Inspection of local authorities in England

“Academy proposals” and “non-Academy proposals”

3A

In this Schedule—

  • (a) “Academy proposals” means proposals under section 7 for the establishment of an Academy school, and
  • (b) “non-Academy proposals” means proposals under section 7 for the establishment of a school falling within subsection (2)(a) of that section.
5A
  • (1) Academy proposals do not require consideration under paragraph 8 (see paragraph 7A instead).
  • (2) If proposals under section 7 consist wholly of non-Academy proposals, the proposals require consideration under paragraph 8.
  • (3) If proposals under section 7 include both Academy proposals and non-Academy proposals, the non-Academy proposals do not require consideration under paragraph 8 unless and until paragraph 7A(5) or (6) applies.
7A
  • (1) This paragraph applies where proposals under section 7 consist of or include Academy proposals.
  • (2) The Secretary of State must decide whether to enter into Academy arrangements as a result of any of the Academy proposals.
  • (3) The Secretary of State must notify the relevant authority of a decision under sub-paragraph (2).
  • (4) Sub-paragraphs (5) and (6) apply where the proposals under section 7 include non-Academy proposals.
  • (5) If the Secretary of State decides not to enter into Academy arrangements as a result of any of the Academy proposals, the non-Academy proposals require consideration under paragraph 8.
  • (6) In any other case, the Secretary of State may direct that all or any of the non-Academy proposals require consideration under paragraph 8.

Inspection administrators

Inspection administrators

Removal of excluded pupils to designated premises

Parenting contracts and parenting orders: further provisions

Duty of local authority in relation to excluded pupils

Removal of excluded pupils to designated premises

Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

Support schemes relating to education and training for persons aged 10 to 15

General transfer of functions to the Chief Inspector

Power to make consequential and transitional provision etc

Inspection administrators

Right of sixth-form pupils to be excused from attendance at religious worship

Charges for music tuition

Learning and Skills Council for England: transport etc for persons of sixth form age

Education and training to satisfy entitlements

Learning and Skills Council for England: transport etc for persons of sixth form age

Duty of governing body or proprietor where pupil excluded for fixed period

Removal of excluded pupils to designated premises

Duty of governing body or proprietor where pupil excluded for fixed period

Failure to secure school attendance

Meaning of “maintained school” and “relevant school” in Chapter 2

Sums received under section 444A of EA 1996

Support schemes relating to education and training for persons aged 10 to 15

Inspection administrators

Education and training to satisfy entitlements

Power to charge for provision of meals etc

Prohibition on participation in management: supplementary

Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

Inspection administrators

66A
  • (1) If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the Secretary of State may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—
  • (a) to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,
  • (b) to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,
  • (c) to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or
  • (d) to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.
  • (2) Before exercising the power conferred by subsection (1), the Secretary of State must consult—
  • (a) the governing body of the school,
  • (b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
  • (c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
  • (3) Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).
  • (4) A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.

Interaction between different intervention powers etc

70A
  • (1) A local authority must notify the Secretary of State before exercising a power under section 63, 64 or 66 in relation to a maintained school.
  • (2) The Secretary of State must notify the local authority before exercising a power under any of sections 66A to 69 in relation to a maintained school.
70B
  • (1) This section applies where a local authority are notified that the Secretary of State intends to exercise a power under any of sections 66A to 69 in relation to a maintained school.
  • (2) The local authority may not use any of their powers under section 63, 64 or 66 in relation to the school unless or until the Secretary of State notifies them that they may.
70C
  • (1) This section applies where a local authority have given the governing body of a maintained school a notice under section 65 (governing body to consist of interim executive members).
  • (2) The Secretary of State may take over responsibility for arrangements in connection with the interim executive members by giving notice to the local authority and, where the Secretary of State does so—
  • (a) the notice given by the local authority in accordance with section 65 is to be treated as having been given by the Secretary of State in accordance with section 69, and
  • (b) anything done by or in relation to the local authority under Schedule 6 is to be treated as having been done by or in relation to the Secretary of State.

Local authorities in England: duty to promote sustainable modes of travel etc

Learning and Skills Council for England: transport etc for persons of sixth form age

5A

Where the appropriate authority is a local authority the Secretary of State may give the local authority directions about—

  • (a) who to appoint as interim executive members;
  • (b) how many people to appoint as interim executive members;
  • (c) the terms of appointment of interim executive members;
  • (d) the termination of any appointment in accordance with provision made under paragraph 5.

Inspection administrators

60B
  • (1) A maintained school is by virtue of this section eligible for intervention if—
  • (a) the school is coasting, and
  • (b) the Secretary of State has notified the governing body that it is coasting.
  • (2) The Secretary of State may by regulations provide that this section does not apply in relation to a school of a description specified in the regulations.
  • (3) The Secretary of State must by regulations define what “coasting” means in relation to a school to which this section applies.

Evidence of authority

Offences relating to independent schools

Inspection administrators

Inspection administrators

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