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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

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Reform history JSON API

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Amendments of section 444 of EA 1996 in relation to school travel

82

(1) Section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil) is amended as follows.

(2) After subsection (3) insert—

(3A) Subsections (3B) and (3D) apply where the child's home is in England. (3B) The child shall not be taken to have failed to attend regularly at the school if the parent proves that— (a) the local authority have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or (b) the local authority have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty. (3C) For the purposes of subsection (3B)— (a) the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and (b) the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C. (3D) Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves— (a) that the school is not within walking distance of the child's home, (b) that no suitable arrangements have been made by the local authority for boarding accommodation for him at or near the school, and (c) that no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home. (3E) For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B). (3F) Subsection (4) applies where the child's home is in Wales.

(3) In subsection (5) for “subsection (4)” substitute “ subsections (3D) and (4) ”.

(4) In subsection (6) for “subsection (4)” substitute “ subsections (3B), (3D) and (4) ”.

(5) The amendments made by this section do not apply in relation to any failure of a child to attend at a school or other place in relation to which section 444 of EA 1996 applies which occurs on a day before this section comes into force.

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

83

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 509AB of EA 1996 (further provision about transport policy statements)—

(a) in subsection (5), for the words from “by the Secretary” to the end substitute

under this section— (a) by the Learning and Skills Council for England ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary functions of Learning and Skills Council for England), after subsection (5) insert—

(6) The Secretary of State may by order confer or impose on the Council such powers or duties falling within subsection (7) as he thinks fit. (7) A power or duty falls within this subsection if it is exercisable in connection with— (a) the Secretary of State's function under section 509AA(9) of the Education Act 1996 (power to direct local authority to make arrangements additional to those specified in transport policy statement), or (b) any function of the Secretary of State under any of sections 496 to 497B of the Education Act 1996 as regards anything done, proposed to be done or omitted to be done by a local authority in England under section 509AA or 509AB of that Act.

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

84

After section 509AC of EA 1996 insert—

(509AD) (1) A local authority in England must have regard, amongst other things, in exercising any of their travel functions in relation to or in connection with the travel of a person or persons to or from a school, institution or other place, to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent's religion or belief. (2) The “travel functions” of a local authority in England are their functions under any of the following provisions— - section 508A (duty to promote sustainable modes of travel etc); - section 508B (travel arrangements for eligible children); - section 508C (travel arrangements etc for other children); - section 508E and Schedule 35C (school travel schemes); - section 508F (transport etc for certain adult learners); - section 509AA (transport etc for persons of sixth form age). (3) For the purposes of this section— (a) “religion” means any religion, (b) “belief” means any religious or philosophical belief, (c) a reference to religion includes a reference to lack of religion, and (d) a reference to belief includes a reference to lack of belief.

Further amendments relating to travel to schools etc

85

Schedule 10 contains further amendments relating to travel to schools and other places where education or training is received.

Food and drink provided on school premises etc

Provision of food and drink on school premises etc

86

(1) For section 114 of SSFA 1998 (nutritional standards for school lunches) and the cross-heading preceding it substitute—

(114A) (1) Regulations may prescribe requirements which, subject to such exceptions as may be provided for by or under the regulations, are to be complied with in connection with— (a) food or drink provided on the premises of any school maintained by a local authority, or (b) food or drink provided at a place other than school premises by a local authority or the governing body of a school maintained by such an authority to any registered pupil at the school. (2) Regulations under this section may in particular— (a) specify nutritional standards, or other nutritional requirements, which are to be complied with; (b) require that drinking water is to be available, free of charge, on the premises of any school maintained by a local authority; (c) require that specified descriptions of food or drink are not to be provided. (3) Requirements prescribed by virtue of subsection (1)(a) do not apply to food or drink brought on to the premises of a school maintained by a local authority where the food or drink is brought on to those premises by any person for his own consumption. (4) Where a local authority or the governing body of a school maintained by such an authority provide food or drink— (a) to anyone on the premises of the school, or (b) to any registered pupil at the school at a place other than school premises, that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with. (5) Subsection (4) applies whether the food or drink is provided in pursuance of any statutory requirement or otherwise. (6) Where— (a) food or drink is provided on the premises of a school maintained by a local authority, (b) the provision is by a person (“X”) other than the authority or the governing body of the school, and (c) X uses or occupies the whole or a part of the premises in circumstances related to a use or occupation agreement made (whether by X or any other person) with the authority or the governing body, that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with. (7) A “use or occupation agreement”, in relation to the premises of a school, is an agreement or other arrangement relating to the use or occupation of the whole or any part of the premises. (8) Without prejudice to the generality of section 138(7), regulations under this section may prescribe— (a) different requirements in relation to different classes or descriptions of school as specified in the regulations; (b) different requirements in connection with food or drink provided by or to different classes or descriptions of person as specified in the regulations; (c) requirements which apply during different periods of the day as specified in the regulations. (9) A “place other than school premises” means a place other than the premises of any school maintained by a local authority. (10) References in this section to food or drink provided by a local authority or the governing body of a school include references to food or drink provided in pursuance of an agreement or other arrangement made by such an authority or body for the provision of food or drink.

(2) In section 512(4) of EA 1996 ( local authority functions concerning provision of meals), for “section 114(2) of the School Standards and Framework Act 1998 (lunches provided by local authorities to meet nutritional standards)” substitute “ section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc) ”.

(3) Any regulations made under section 114 of SSFA 1998 which have effect immediately before the commencement of this section have effect after that commencement as if made under section 114A of that Act (as substituted by subsection (1)).

Power to charge for provision of meals etc

87

(1) In section 512ZA of EA 1996 (duty of local authority to charge for meals etc)—

(a) in subsection (1), for “shall” substitute “ may ”,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 533 of EA 1996 (duties of governing bodies with respect to provision of school meals etc)—

(a) in subsection (3), for the words from “shall” to the end substitute “ may charge for anything so provided. ”,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 7 — Discipline, behaviour and exclusion

Chapter 1 — School Discipline

Certain schools required to have behaviour policy

Responsibility of governing body for discipline

88

(1) The governing body of a relevant school must ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

(2) In particular, the governing body—

(a) must make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under section 89(1), and

(b) where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—

(i) shall notify him of those measures or matters, and

(ii) may give him such guidance as they consider appropriate.

(3) Before making or revising the statement required by subsection (2)(a) the governing body must consult (in such manner as appears to them to be appropriate)—

(a) the head teacher,

(b) such other persons who work at the school (whether or not for payment) as it appears to the governing body to be appropriate to consult,

(d) registered pupils at the school.

(4) In exercising their functions under subsection (2) the governing body must have regard to any guidance given from time to time—

(a) in relation to England, by the Secretary of State, and

(b) in relation to Wales, by the Assembly.

(5) In this section and section 89—

“relevant school” means—a community, foundation or voluntary school,a community or foundation special school,a maintained nursery school,a pupil referral unit, ora school approved by the Secretary of State ...under section 342 of EA 1996 (approval of non-maintained special schools);

“governing body”, in relation to a school approved by the Secretary of State ...under section 342 of EA 1996, means the proprietor of the school.

Determination by head teacher of behaviour policy

89

(1) The head teacher of a relevant school must determine measures to be taken with a view to—

(a) promoting, among pupils, self-discipline and proper regard for authority,

(b) encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils,

(d) securing that pupils complete any tasks reasonably assigned to them in connection with their education, and

(e) otherwise regulating the conduct of pupils.

(2) The head teacher of a relevant school in England must in determining such measures—

(a) act in accordance with the current statement made by the governing body under section 88(2)(a), and

(b) have regard to any notification or guidance given to him under section 88(2)(b).

(2A) The head teacher of a relevant school in Wales must in determining such measures—

(a) act in accordance with the current statement made by the governing body under section 88(2)(a),

(b) have regard to any notification or guidance given to him under section 88(2)(b), and

(c) require pupils at the school to comply with the travel behaviour code made by the Welsh Ministers under section 12 of the Learner Travel (Wales) Measure 2008.

(3) In relation to a relevant school in England, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by the governing body.

(3A) In relation to a relevant school in Wales, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by—

(a) the governing body, or

(b) the Welsh Ministers.

(4) The measures which the head teacher determines under subsection (1) must include the making of rules and provision for disciplinary penalties (as defined by section 90).

(4A) In relation to a school in England, rules made under subsection (4) must identify the items for which a search may be made.

(5) The measures which the head teacher of a relevant school in England determines under subsection (1) may, to such extent as is reasonable, include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.

(5A) The measures which the head teacher of a relevant school in Wales determines under subsection (1) may, to such extent as is reasonable and not required by subsection (2A)(c), include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.

(6) The measures determined by the head teacher under subsection (1) must be publicised by him in the form of a written document as follows—

(a) he must make the measures generally known within the school and to parents of registered pupils at the school, and

(b) he must in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons who work at the school (whether or not for payment).

Enforcement of discipline (including compliance with instructions)

Meaning of “disciplinary penalty”

90

(1) In this Chapter, “disciplinary penalty” means a penalty imposed on a pupil, by any school at which education is provided for him, where his conduct falls below the standard which could reasonably be expected of him (whether because he fails to follow a rule in force at any such school or an instruction given to him by a member of its staff or for any other reason).

(2) In subsection (1), the reference to conduct, in relation to a pupil, includes—

(a) conduct which occurs at a time when the pupil is not on the premises of a school and is not under the lawful control or charge of a member of the staff of a school, but only to the extent that it is reasonable for the school imposing the penalty to regulate the pupil's conduct at such a time, and

(b) conduct which consists of a failure by the pupil to comply with a penalty previously imposed on him.

Enforcement of disciplinary penalties: general

91

(1) This section applies in relation to a disciplinary penalty imposed on a pupil by any school at which education is provided for him, other than a penalty which consists of exclusion.

(2) The imposition of the disciplinary penalty is lawful if the following three conditions are satisfied.

(3) The first condition is that the imposition of the penalty on the pupil—

(a) is not in breach of any statutory requirement or prohibition, and

(b) is reasonable in all the circumstances.

(4) The second condition is that the decision to impose the penalty on the pupil was made—

(a) by any paid member of the staff of the school, except in circumstances where the head teacher has determined that the member of staff is not permitted to impose the penalty on the pupil, or

(b) by any other member of the staff of the school, in circumstances where the head teacher has authorised the member of the staff to impose the penalty on the pupil and it was reasonable for the head teacher to do so.

(5) The third condition is that the decision to impose the penalty was made, and any action taken on behalf of the school to implement the decision was taken—

(a) on the premises of the school, or

(b) elsewhere at a time when the pupil was under the lawful control or charge of a member of staff of the school.

(6) In determining for the purposes of subsection (3)(b) whether the imposition of the penalty is reasonable, the following matters must be taken into account—

(a) whether the imposition of the penalty constitutes a proportionate punishment in the circumstances of the case, and

(b) any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular—

(i) the pupil's age,

(ii) any special educational needs he may have,

(iii) any disability he may have, and

(iv) any religious requirements affecting him.

(7) For the purposes of subsection (6)(b)(iii) a pupil has a disability if he has a disability for the purposes of the Equality Act 2010.

(8) A determination or authorisation by the head teacher for the purpose of subsection (4)(a) or (b) may be made—

(a) in relation to a particular member of staff or members of staff of a particular description;

(b) in relation to a particular disciplinary penalty or disciplinary penalties of a particular description;

(9) Where the disciplinary penalty is detention outside school sessions, this section has effect subject to section 92.

(10) Nothing in this section authorises anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

(11) This section is not to be construed as restricting what may lawfully be done apart from this section.

(12) In this section, “paid member of the staff”, in relation to a school, means any member of the staff who works at the school for payment, whether under a contract of employment or a contract for services; and, for this purpose, it is immaterial whether the contract of employment or contract for services is made with the governing body or proprietor of the school or with any other person.

Enforcement of disciplinary penalties: detention outside school sessions

92

(1) This section applies in relation to a disciplinary penalty which consists of the detention of a pupil outside school sessions.

(2) In relation to a disciplinary penalty to which this section applies, subsection (2) of section 91 has effect as if it required the following additional conditions to be satisfied, as well as the conditions set out in subsections (3) to (5) of that section.

(3) The additional conditions are—

(a) that the pupil has not attained the age of 18,

(b) that the head teacher of the school has previously determined, and has made generally known within the school and to parents of registered pupils at the school, that the detention of pupils outside school sessions is one of the measures that may be taken with a view to regulating the conduct of pupils,

(d) that , in relation to a pupil at a school in Wales, the pupil's parent has been given at least 24 hours' notice in writing that the detention is due to take place.

(4) The additional conditions set out in subsection (3)(a), (c) and (d) do not apply in the case of a detention during a break between school sessions on the same day.

(5) If arrangements have to be made for the pupil to travel to school for the purposes of the detention or to travel home after the detention, then in determining for the purposes of the condition in subsection (3) of section 91 whether the imposition of the detention is reasonable, subsection (6) of that section is to be read as if it also required the question whether suitable travelling arrangements can reasonably be made by his parent to be taken into account.

(6) Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under subsection (3)(d) from being given to the parent by any effective method.

(7) This section is not to be construed as restricting what may lawfully be done apart from this section.

(8) In this section, “permitted day of detention”, in relation to a pupil, means any of the following days—

(a) a school day, other than a day on which the pupil has leave to be absent, and for this purpose “leave” means leave granted by a person authorised to do so by the governing body or proprietor of the school;

(b) a Saturday or Sunday during a school term, other than a Saturday or Sunday which falls during, or at a weekend immediately preceding or immediately following, a half-term break;

(c) a day (whether or not during a school term) which is set aside wholly or mainly for the performance of duties by members of the staff of the school other than teaching, other than such a day which is excluded by regulations made—

(i) in relation to England, by the Secretary of State, and

(ii) in relation to Wales, by the Assembly.

Use of reasonable force

Power of members of staff to use force

93

(1) A person to whom this section applies may use such force as is reasonable in the circumstances for the purpose of preventing a pupil from doing (or continuing to do) any of the following, namely—

(a) committing any offence,

(b) causing personal injury to, or damage to the property of, any person (including the pupil himself), or

(c) prejudicing the maintenance of good order and discipline at the school or among any pupils receiving education at the school, whether during a teaching session or otherwise.

(2) This section applies to a person who is, in relation to a pupil, a member of the staff of any school at which education is provided for the pupil.

(3) The power conferred by subsection (1) may be exercised only where—

(a) the member of the staff and the pupil are on the premises of the school in question, or

(b) they are elsewhere and the member of the staff has lawful control or charge of the pupil concerned.

(4) Subsection (1) does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

(5) The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

(6) In this section, “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.

Confiscation from pupils

Defence where confiscation lawful

94

(1) This section applies where, as a disciplinary penalty—

(a) an item which a pupil has with him or in his possessions is seized, and

(b) the item is retained for any period or is disposed of.

(2) A person who seizes, retains or disposes of the item is not liable in any proceedings in respect of—

(a) the seizure, retention or disposal (as the case may be), or

(b) any damage or loss which arises in consequence of it,

if he proves that the seizure, retention or disposal (as the case may be) was lawful (whether or not by virtue of section 91).

(3) Nothing in this section applies where an item is seized under section 550ZC or 550AA of EA 1996 (provision as to what is to be done with such an item being made by that section).

(4) This section is not to be construed as preventing any person relying on any defence on which he is entitled to rely apart from this section.

Interpretation of Chapter 1

95

In this Chapter—

“disciplinary penalty” has the meaning given by section 90;

“member of the staff”, in relation to a school, means—any teacher who works at the school, andany other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;

“possessions”, in relation to a pupil, includes any goods over which he appears to have control.

Repeals

Repeals consequential on provisions of Chapter 1

96

The following provisions (which are superseded by sections 88 to 93) cease to have effect—

(a) sections 550A and 550B of EA 1996;

(b) section 61 of SSFA 1998.

Chapter 2 — Parental responsibilities and excluded pupils

Parenting contracts and parenting orders

Parenting contracts

97

(1) Section 19 of the Anti-social Behaviour Act 2003 (c. 38) (parenting contracts in cases of exclusion from school or truancy) is amended as follows.

(2) After subsection (1) insert—

(1A) This section also applies where a local authority or the governing body of a relevant school have reason to believe that a child who is a registered pupil at a relevant school has engaged in behaviour connected with the school which— (a) has caused, or is likely to cause— (i) significant disruption to the education of other pupils, or (ii) significant detriment to the welfare of the child himself or of other pupils or to the health or safety of any staff, or (b) forms part of a pattern of behaviour which (if continued) will give rise to a risk of future exclusion from the school on disciplinary grounds. (1B) For the purposes of subsection (1A) the child's behaviour is connected with the school to the extent that it consists of— (a) conduct at the school, or (b) conduct elsewhere in circumstances in which it would be reasonable for the school to regulate his conduct.

(3) In subsection (6), after “subsection (1)” insert “ or (1A) ”.

(4) In the heading to the section, and in the italic cross-heading immediately before the section, for “exclusion from” substitute “ misbehaviour at ”.

Parenting orders in case of exclusion or misbehaviour

98

(1) Section 20 of the Anti-social Behaviour Act 2003 (parenting orders in case of exclusion from school) is amended as follows.

(2) In subsection (1), for “This section” substitute “ Subsection (2) ”.

(3) In subsection (2), for “A local authority” substitute “ A relevant body ”.

(4) After subsection (2) insert—

(2A) A relevant body may also apply to a magistrates' court for a parenting order in respect of a pupil at a relevant school if— (a) it appears to the body making the application that the pupil has engaged in behaviour which would warrant the exclusion of the pupil from the school on disciplinary grounds for a fixed period or permanently, and (b) such conditions as may be prescribed in regulations made by the appropriate person are satisfied. (2B) For the purposes of subsection (2A), there are to be disregarded— (a) any practice restricting the use of exclusion at a particular school, or at schools of a particular description, and (b) any grounds that might exist for not excluding the pupil, to the extent that those grounds relate to his education or welfare after exclusion.

(5) For subsection (3) substitute—

(3) If an application is made under subsection (2) or (2A), the court may make a parenting order in respect of a pupil if it is satisfied— (a) in the case of an application under subsection (2A), that the pupil has engaged in behaviour of the kind mentioned in that subsection, and (b) in any case, that the making of the order would be desirable in the interests of improving the behaviour of the pupil.

(6) After subsection (8) insert—

(9) In this section “a relevant body” means— (a) a local authority, (b) the governing body of any relevant school in England at which the pupil to whom the application relates is a pupil or from which he has been excluded.

(7) In the heading, after “exclusion” insert “ or potential exclusion ”.

Parenting contracts and parenting orders: further provisions

99

(1) The Anti-social Behaviour Act 2003 (c. 38) is amended as follows.

(2) In section 21 (parenting orders: supplemental)—

(a) in subsection (1)(a), after “subsection (1)” insert “ or (1A) ”,

(b) after subsection (1) insert—

(1A) In deciding whether to make a parenting order under section 20, a court must also take into account any failure by the parent without reasonable excuse to attend a reintegration interview under section 102 of the Education and Inspections Act 2006 (reintegration interview in case of fixed period exclusion) when requested to do so in accordance with regulations under that section.

(d) in subsection (5), after “authorities,” insert “ governing bodies ”.

(3) After section 22 insert—

(22A) (1) The appropriate person may by regulations make further provision about the exercise by local authorities and the governing bodies of relevant schools of their functions relating to— (a) parenting contracts under section 19, and (b) parenting orders under section 20. (2) The provision that may be made under subsection (1) includes— (a) provision limiting the power of a local authority to enter into a parenting contract, or apply for a parenting order, in prescribed cases where— (i) the school by reference to which the contract is entered into or the application is made is not in the area of the authority, or (ii) the child by reference to whom the contract is entered into or the application is made does not reside in that area; (b) provision as to which governing body may apply for a parenting order in cases where a pupil has been admitted to a relevant school after being permanently excluded from another; (c) provision requiring one local authority or governing body to consult with another before taking any prescribed step; (d) provision authorising or requiring the provision of information by one local authority or governing body to another; (e) provision as to how the costs associated with parenting contracts entered into by local authorities or governing bodies of relevant schools or the costs associated with the requirements of parenting orders under section 20 (including in each case the costs of providing counselling or guidance programmes) are to be met. (3) In subsection (2), “prescribed” means prescribed by regulations made by the appropriate person under subsection (1).

(4) In section 24 (interpretation)—

(a) for “sections 19 to 21” substitute “ sections 19 to 22A ”, and

(b) after the definition of “child of compulsory school age” insert—

“governing body”, in relation to a relevant school which is an Academy, a city technology college or a city college for the technology of the arts, means the proprietor of the school, as defined by section 579(1) of the 1996 Act;

Excluded pupils

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

100

(1) Except in prescribed cases, the governing body of a relevant school in England must make arrangements for the provision of suitable full-time education for pupils of compulsory school age who are excluded from the school for a fixed period on disciplinary grounds.

(2) The education referred to in subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

(3) The education must not be provided at the school unless it is provided there in pursuance of arrangements which—

(a) are made jointly with the governing body of at least one other relevant school, and

(b) make provision for the education of pupils excluded on disciplinary grounds from any of the schools that are parties to the arrangements.

(4) In determining what arrangements to make under subsection (1) in the case of any pupil, a governing body must have regard to any guidance given from time to time by the Secretary of State.

(5) In this section—

“governing body”, in relation to a relevant school which is an Academy school, an alternative provision Academy, a city technology college or a city college for the technology of the arts, means proprietor;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State;

“relevant school” does not include a pupil referral unit;

“suitable full-time education”, in relation to a pupil, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

Duty of local education authority in relation to excluded pupils

101

(1) Section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere) is amended as follows.

(2) After subsection (3) insert—

(3A) In relation to England, the duty imposed by subsection (1) includes, except in prescribed cases, a duty to make arrangements for the provision of suitable full-time education at school or otherwise than at school for— (a) children of compulsory school age who have been permanently excluded on disciplinary grounds from relevant schools or pupil referral units, and have not subsequently been admitted to schools other than pupil referral units, and (b) children of compulsory school age who are excluded for a fixed period on disciplinary grounds from any pupil referral unit maintained by the authority. (3B) The education referred to in subsection (3A) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

(3) For subsection (6) substitute—

(6) In this section— - “relevant school” means— 1. a maintained school, 2. an Academy, 3. a city technology college, or 4. a city college for the technology of the arts; - “suitable education”, in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have (and “suitable full-time education” is to be read accordingly).

Reintegration interviews

102

(1) Regulations may require the head teacher of a relevant school in prescribed cases to request any parent of a temporarily excluded pupil to attend an interview (“a reintegration interview”) at the school with the head teacher of the school or any other person authorised by the head teacher.

(2) The purpose of a reintegration interview is to assist the reintegration of the pupil after the period of exclusion and to promote the improvement of his behaviour.

(3) Regulations under this section may make provision about the time within which any reintegration interview must be held, the procedure for arranging the interview and the notification of any request to the parent.

(4) In this section—

“prescribed” means prescribed by regulations;

“regulations” means regulations made—in relation to England, by the Secretary of State, orin relation to Wales, by the Assembly;

“a temporarily excluded pupil” means a pupil who is or has been excluded on disciplinary grounds for a fixed period.

Duty of parent in relation to excluded pupil

103

(1) This section applies where—

(a) a pupil of compulsory school age (“the excluded pupil”) is excluded on disciplinary grounds from a relevant school in England, whether for a fixed period or permanently, and

(b) notice under section 104 has been given to a parent of the pupil.

(2) The parent of the excluded pupil must ensure that the pupil is not present in a public place at any time during school hours on a day which—

(a) is one of the first five school days to which the exclusion mentioned in subsection (1)(a) relates or, where that exclusion is for a fixed period of five days or less, any of the days to which the exclusion relates, and

(b) is stated in the notice under section 104 to be a day on which the parent is subject to this subsection.

(3) If the excluded pupil is present in a public place at any time during school hours on a school day falling within subsection (2), the parent commits an offence.

(4) It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable justification for his failure to comply with the duty imposed by subsection (2).

(5) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Proceedings for an offence under subsection (3) may not be instituted except by a local authority.

(7) Where the excluded pupil is excluded during the course of a school day but before the beginning of any afternoon session on that day, that day is to be treated for the purposes of subsection (2)(a) as the first day to which the exclusion relates.

(8) In this section—

“parent”, in relation to a pupil, does not include any person who is not an individual;

“public place” means—any highway, andany place to which at the material time the public or any section of the public have access, on payment or otherwise, as of right or by virtue of express or implied permission;

“school hours” means any time during a school session of the school referred to in subsection (1)(a) or during a break between sessions of that school on the same day.

Notice to parent relating to excluded pupil

104

(1) The head teacher of a relevant school in England, on excluding from the school a pupil of compulsory school age, must give the parent by the prescribed time a notice in writing complying with subsections (2) and (3) and containing such other information as may be prescribed.

(2) Where the appropriate authority are or will be obliged under the relevant enactment to make arrangements for the provision of full-time education for the excluded pupil during his exclusion, or intend to do so without being so obliged, the notice must specify the first day on which full-time education is to be provided for the excluded pupil.

(3) The notice must specify as days on which the parent is to be subject to section 103(2) each school day beginning with the first school day to which the exclusion relates and ending with the earliest of the following—

(a) where a day is specified under subsection (2), the school day preceding that day,

(b) the fifth school day to which the exclusion relates, and

(4) Subsection (7) of section 103 applies for the purposes of subsection (3) as it applies for the purposes of subsection (2)(a) of that section.

(5) Where the appropriate authority are a local authority, they must provide the head teacher with such information as will enable the head teacher to give a notice complying with subsection (2).

(6) Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under this section from being given to the parent of the excluded pupil by any effective method.

(7) Regulations may enable a notice under this section to be combined with a notice required by virtue of section 52(3)(a) of EA 2002 (which relates to the exclusion of pupils from maintained schools).

(8) In this section—

“the appropriate authority” means—in the case of a permanent exclusion or an exclusion from a pupil referral unit, a local authority,in the case of an exclusion for a fixed period from a maintained school, the governing body of the school, andin the case of an exclusion for a fixed period from a relevant school which is an Academy school, an alternative provision Academy, a city technology college or a city college for the technology of the arts, the proprietor of the school;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State;

“the relevant enactment” means—where the appropriate authority is a local authority, section 19 of EA 1996, andin any other case, section 100 of this Act.

Penalty notice in respect of presence of excluded pupil in public place

105

(1) Where an authorised officer has reason to believe that a person has committed an offence under section 103(3), he may give the person a penalty notice in respect of the offence.

(2) A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence under section 103(3) to which the notice relates by payment of a penalty in accordance with the notice.

(3) Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

(4) Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates if he pays a penalty in accordance with the notice.

(5) Sums received by a local authority under this section may be used by the authority for the purposes of any of their functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

(6) In this section—

“authorised officer” means—a constable,an officer of a local authority in England who is authorised by the authority to give penalty notices, oran authorised staff member;

“authorised staff member” means—a head teacher of a relevant school in England, ora member of the staff of a relevant school in England who is authorised by the head teacher of the school to give penalty notices;

“regulations” means regulations made by the Secretary of State.

Penalty notices: supplemental

106

(1) Regulations may make—

(a) provision as to the form and content of penalty notices;

(b) provision as to the monetary amount of any penalty and the time by which it is to be paid;

(d) provision as to the methods by which penalties may be paid;

(e) provision as to the records which are to be kept in relation to penalty notices;

(f) provision as to the persons who may be authorised by a local authority or a head teacher to give penalty notices;

(g) provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices;

(h) provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

(i) repayment of any amount by way of penalty under a penalty notice which is withdrawn, and

(ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates;

(i) provision for a certificate—

(i) purporting to be signed by or on behalf of a prescribed person, and

(ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated;

(j) provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice;

(k) provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices;

(l) such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

(2) Without prejudice to the generality of subsection (1) or section 181(2)(a), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

(3) Local authorities, head teachers and authorised officers must, in carrying out their functions in relation to penalty notices, have regard to any guidance which is given by the Secretary of State from time to time in relation to penalty notices.

(4) In this section —

“penalty” means a penalty under a penalty notice;

“penalty notice” has the meaning given by section 105(2);

and other expressions have the same meaning as in section 105.

Penalty notices: amendments of Police Reform Act 2002

107

(1) The Police Reform Act 2002 (c. 30) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed penalty notices), after paragraph (ab) insert—

(ac) the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);

(5) In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(ab)” insert “ or (ac) ”.

(6) In paragraph 2(4) of that Schedule, after “paragraph 1(2)(ab)” insert “ or (ac) ”.

Removal of excluded pupils to designated premises

108

(1) Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated premises) is amended in accordance with subsections (2) to (6).

(2) In subsection (2)—

(a) for “subsection (3)” substitute “ subsections (3) and (3ZA) ”, and

(b) for “that subsection” substitute “ each of those subsections ”.

(3) After subsection (3) insert—

(3ZA) If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours— (a) is of compulsory school age, (b) has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently, (c) remains excluded from that school, (d) has not subsequently been admitted as a pupil to any other school, and (e) has no reasonable justification for being in the public place, the constable may remove the child or young person to designated premises.

(4) After subsection (3A) insert—

(3B) In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.

(5) In subsection (5), after the definition of “public place” insert—

“relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;

(6) In the heading, after “truants” insert “ and excluded pupils ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School attendance

Failure to secure school attendance

109

(1) In section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil), in subsection (1A), omit “without reasonable justification”.

(2) After that subsection insert—

(1B) It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.

(3) In subsection (2) of that section, for “(3)” substitute “ (2A) ”.

(4) After that subsection insert—

(2A) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.

(5) In subsection (3) of that section—

(a) at the end of paragraph (a) insert “ or ”, and

(b) omit paragraph (b) and the “or” immediately following it.

(6) In subsection (6) of that section, for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.

(7) In subsection (7) of that section, for “at a time when he was not” substitute “ unless the parent proves that at that time the child was ”.

(8) After that subsection insert—

(7A) Where— (a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is— (i) a maintained school, (ii) a pupil referral unit, (iii) an Academy, (iv) a city technology college, or (v) a city college for the technology of the arts, (b) he remains for the time being a registered pupil at the school, (c) the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and (d) notice in writing of the arrangements has been given to the child's parent, the exclusion does not affect the application of subsections (1) to (7) to the child's attendance at the school on any day to which the arrangements relate. (7B) In subsection (7A)(c) “the appropriate authority” means— (a) in relation to a maintained school, the governing body of the school, (b) in relation to a pupil referral unit, the local authority, and (c) in relation to any school mentioned in subsection (7A)(a)(iii) to (v), the proprietor of the school.

(9) In subsection (6) of section 444ZA of EA 1996 (application of section 444 to alternative educational provision), for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.

(10) In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the words from “unless” to the end substitute “ unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996 ”.

(11) The amendments made by this section, and the entry in Part 1 of Schedule 18 relating to section 444 of EA 1996, do not apply in relation to any failure to attend at a school, or other place in relation to which that section applies, which occurs before the commencement of the amendment in question.

Sums received under section 444A of EA 1996

110

In section 444A of EA 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil) for subsection (6) substitute—

(6) Sums received by a local authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

Interpretation of Chapter 2

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

111

In this Chapter—

“maintained school” means—a community, foundation or voluntary school,a community or foundation special school, ora pupil referral unit;

“relevant school” means—a maintained school, an Academy school, an alternative provision Academy,a city technology college, ora city college for the technology of the arts.

Part 8 — Inspections

Chapter 1 — The Office and the Chief Inspector

The Office

The Office for Standards in Education, Children’s Services and Skills

112

(1) There is to be a body corporate known as the Office for Standards in Education, Children's Services and Skills.

(2) In this Part that body is referred to as “the Office”.

(3) The Office is to perform its functions on behalf of the Crown.

(4) Schedule 11 makes further provision about the Office.

The Chief Inspector and other inspectors

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills

113

(1) Her Majesty may by Order in Council appoint a person to the office of Her Majesty's Chief Inspector of Education, Children's Services and Skills.

(2) In this Part the holder of that office is referred to as “the Chief Inspector”.

(3) The Chief Inspector is to be a member of the Office (see paragraph 1 of Schedule 11).

(4) The Chief Inspector holds and vacates office in accordance with the terms of his appointment.

(5) Those terms are to be determined by the Secretary of State.

(6) But the Chief Inspector—

(a) must not be appointed for a term of more than five years,

(b) may at any time resign by giving written notice to the Secretary of State, and

(c) may be removed from office by Her Majesty on the grounds that he is unable or unfit to carry out the duties of his office.

(7) The previous appointment of a person as Chief Inspector does not affect his eligibility for appointment.

(8) The office of Her Majesty's Chief Inspector of Schools in England is abolished.

(9) But any person holding that office immediately before the appointed day is to become, as from that day, Her Majesty's Chief Inspector of Education, Children's Services and Skills.

(10) As from the appointed day—

(a) the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as Chief Inspector, and

(b) the terms of his appointment have effect as if determined under subsection (5).

(11) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Her Majesty’s Inspectors of Education, Children’s Services and Skills

114

(1) Her Majesty may by Order in Council appoint persons as Her Majesty's Inspectors of Education, Children's Services and Skills.

(2) In this Part a person so appointed is referred to as an “HMI”.

(3) An HMI is to serve, in accordance with the terms of his appointment, as a member of the staff of the Office.

(4) Those terms are to be determined by the Chief Inspector.

(5) A person's appointment as HMI ends when he ceases to serve as a member of the staff of the Office.

(6) Any person who—

(a) is one of Her Majesty's Inspectors of Schools in England immediately before the appointed day, and

(b) is then serving as member of the staff of Her Majesty's Chief Inspector of Schools in England or of the Adult Learning Inspectorate,

is to become, as from that day, one of Her Majesty's Inspectors of Education, Children's Services and Skills.

(7) As from the appointed day—

(a) the Order in Council by which such a person was appointed has effect as if it were an Order in Council under subsection (1) appointing him as an HMI, and

(b) the terms of his appointment have effect as if determined under subsection (4).

(8) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Further provision about Chief Inspector and other inspectors etc.

115

Schedule 12 makes further provision about the Chief Inspector and persons acting on his behalf.

Functions: the Office

Functions of the Office

116

(1) The Office has the following functions—

(a) to determine strategic priorities for the Chief Inspector in connection with the performance of his functions;

(b) to determine strategic objectives and targets relating to such priorities; and

(2) The Office is to have such other functions in connection with the performance of the Chief Inspector's functions as may be assigned to it by the Secretary of State.

Performance of Office’s functions

117

(1) The Office is to perform its functions for the general purpose of encouraging—

(a) the improvement of activities within the Chief Inspector's remit,

(b) the carrying on of such activities as user-focused activities, and

(2) In performing its functions the Office is to have regard to—

(a) the need to safeguard and promote the rights and welfare of children;

(aa) any matters raised by the Children's Commissioner with the Office or the Chief Inspector;

(b) views expressed by relevant persons about activities within the Chief Inspector's remit;

(d) the need to promote the efficient and effective use of resources in the carrying on of such activities;

(e) the need to ensure that action by the Chief Inspector in relation to such activities is proportionate to the risks against which it would afford safeguards;

(f) any developments in approaches to inspection or regulatory action; and

(g) best practice amongst persons performing functions comparable to those of the Chief Inspector.

(3) In performing its functions the Office must also have regard to such aspects of government policy as the Secretary of State may direct.

(4) In this section—

(a) “children” means persons under the age of 18;

(b) “relevant persons”, in relation to activities within the Chief Inspector's remit, means persons who have an interest in such activities, whether—

(i) as persons for whose benefit they are carried on, or

(ii) as parents (if they are carried on for the benefit of children), or

(iii) as employers;

(i) who are not parents of children but have parental responsibility for them (within the meaning of the Children Act 1989 (c. 41)), or

(ii) who have care of children.

(5) Subsection (6) provides for the interpretation, for the purposes of this Part, of references to activities within the Chief Inspector's remit and related expressions.

(6) For those purposes—

(a) “activities” includes—

(i) the provision of any form of education, training or care,

(ii) the provision of any form of services or facilities, and

(iii) the performance of any function;

(b) activities are within the Chief Inspector's remit—

(i) if he exercises any inspection function in relation to them, or

(ii) if they are services of the kind provided by persons in respect of whom he is the registration authority by virtue of any enactment; and

(c) references to persons for whose benefit activities are carried on are, in relation to activities within paragraph (a)(i) or (ii), references to persons for whom the education, training or care is provided, or (as the case may be) for whom the services or facilities are provided.

Functions: the Chief Inspector

Functions of the Chief Inspector

118

(1) The Chief Inspector has the general duty of keeping the Secretary of State informed about—

(a) the quality of activities within the Chief Inspector's remit and (where appropriate) the standards achieved by those for whose benefit such activities are carried on,

(b) improvements in the quality of such activities and in any such standards,

(d) the efficient and effective use of resources in the carrying on of such activities and services.

(2) If requested to do so by the Secretary of State, the Chief Inspector must provide the Secretary of State with information or advice on such matters relating to activities within the Chief Inspector's remit as are specified in the request.

(3) The Chief Inspector may at any time give advice to the Secretary of State on any matter connected with any activities within his remit, including advice relating to a particular establishment, institution or agency.

(4) The Chief Inspector is to have such other functions in connection with activities within his remit as may be assigned to him by the Secretary of State.

(5) Subsection (6) applies where the Chief Inspector is requested under subsection (2) to provide the Secretary of State with information or advice on matters relating to activities within the Chief Inspector's remit.

(6) Any enactment by virtue of which—

(a) an inspection may be conducted by the Chief Inspector in relation to the activities in question (whether or not in pursuance of any duty), or

(b) any power of entry is exercisable by him in relation to those activities,

is to have effect, with any necessary modifications, so as to enable him to conduct an inspection, or exercise any such power, for the purpose of complying with the request.

(7) In subsection (6) any reference to a power of entry includes a reference to a power to inspect documents or a power conferred in connection with the inspection of documents.

(8) Nothing in this section prejudices the operation of any other enactment relating to functions of the Chief Inspector.

Performance of Chief Inspector’s functions

119

(1) The Chief Inspector is to perform his functions for the general purpose of encouraging—

(a) the improvement of activities within the Chief Inspector's remit,

(b) the carrying on of such activities as user-focused activities, and

(2) The Chief Inspector must ensure—

(a) that his functions are performed efficiently and effectively, and

(b) that, so far as practicable, those functions are performed in a way that responds to—

(i) the needs of persons for whose benefit activities within the Chief Inspector's remit are carried on, and

(ii) the views expressed by other relevant persons about such activities.

(3) In performing his functions the Chief Inspector must have regard to—

(a) the matters mentioned in section 117(2);

(aa) any matters raised by the Children's Commissioner with the Chief Inspector; and

(b) such aspects of government policy as the Secretary of State may direct.

(4) In this section “relevant persons” has the same meaning as in section 117.

The Children's Rights Director

Children’s Rights Director

120

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

Annual reports etc.

Annual and other reports to Secretary of State

121

(1) The Chief Inspector must make an annual report to the Secretary of State.

(2) The Secretary of State must lay a copy of any such report before each House of Parliament.

(3) The Chief Inspector may make to the Secretary of State such other reports relating to matters which fall within the scope of the Chief Inspector's functions as he considers appropriate.

(4) The Chief Inspector may arrange for any report made by him under this section to be published in such manner as he considers appropriate.

Chapter 2 — General transfer of functions

General transfer of functions to the Chief Inspector

122

(1) Subject to the following provisions of this Part, the functions of the existing Chief Inspector under or by virtue of any enactment are transferred to the new Chief Inspector.

(2) In this section—

“the existing Chief Inspector” means Her Majesty's Chief Inspector of Schools in England, and

“the new Chief Inspector” means the Chief Inspector appointed under Chapter 1 of this Part.

Chapter 3 — Inspection of Further Education and Training etc.

Education and training to which this Chapter applies

123

(1) This Chapter applies to the following kinds of education and training—

(a) secondary education provided in institutions which are in England and are within the further education sector;

(b) further education for persons aged 16 or over but under 19 which is provided in such institutions and wholly or partly funded by the Secretary of State ...;

(ba) education provided in 16 to 19 Academies;

(d) further education for persons aged under 19 which is provided by local authorities in England;

(e) further education for persons aged 19 or over which is funded by such authorities;

(ea) further education for persons aged 19 or over which is wholly or partly funded by a combined authority;

(eb) further education for persons aged 19 or over which is wholly or partly funded by a combined county authority;

(f) training for persons aged 16 or over which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973 (c. 50);

(g) training for persons aged 16 or over if it is training the whole or part of which takes place at the premises of an employer and which is wholly or partly funded by the Secretary of State...;

(h) such other education or training as may be prescribed by regulations made by the Secretary of State.

(2) The training which may be prescribed by regulations under subsection (1)(h) includes training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training falling within subsection (1)(a) to (g).

(3) If regulations made by the Secretary of State so provide—

(a) the provision of information, advice or guidance falling within section ... 100(1)(j) of the Apprenticeships, Skills, Children and Learning Act 2009, or

(b) the provision of any description of such information, advice or guidance specified in the regulations,

is to be treated for the purposes of this Chapter as training to which it applies.

(4) In this Chapter—

(a) “further education” and “secondary education” have the same meanings as in EA 1996, and

(b) any reference to institutions which are within the further education sector is to be read in accordance with section 91(3) of the Further and Higher Education Act 1992 (c. 13).

(5) In this section—

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority” means a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023.

Inspection

Inspection of education and training to which this Chapter applies

124

(1) The Chief Inspector must conduct—

(a) inspections of such education or training to which this Chapter applies as may be specified by the Secretary of State, and

(b) inspections of such class of education or training to which this Chapter applies as may be so specified.

(2) The inspections are to be conducted at such intervals as may be specified by the Secretary of State.

(3) On completing an inspection under this section, the Chief Inspector must make a written report on it.

(4) The report—

(a) must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it, and

(b) may deal with such other matters as he considers relevant.

(5) The Chief Inspector must send copies of the report to—

(a) the Secretary of State,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the provider of the education or training inspected.

(6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

Inspection of further education institutions

125

(1) The Chief Inspector must inspect all institutions within the further education sector , and all 16 to 19 Academies, subject to subsection (1A).

(1A) The Secretary of State may by regulations provide that the duty of the Chief Inspector in subsection (1) does not apply to prescribed categories of institution in prescribed circumstances.

(1B) An institution to which the duty in subsection (1) does not apply by virtue of regulations under subsection (1A) is an “exempt institution”.

(2) Inspections under subsection (1) are to be conducted at such intervals as may be specified by the Secretary of State.

(3) On completing an inspection under this section, the Chief Inspector must make a written report on it.

(4) The report—

(a) must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it,

(aa) must, in a case where it relates to an institution within the further education sector, comment on the careers guidance provided to relevant students at the institution, and

(b) may deal with such other matters as he considers relevant.

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