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Education Act 2005

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Changes to legislation:

Education Act 2005 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

F1F1SCHEDULE 1E+W

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

Textual Amendments

Section 19

SCHEDULE 2E+WHer Majesty's Chief Inspector of Education and Training in Wales

Chief Inspector's other staffE+W

1E+WThe Chief Inspector may, with the approval of the Assembly as to numbers and terms and conditions of service, appoint such staff, in addition to inspectors who are members of his staff by virtue of section 19(3), as he thinks fit.

Additional inspectorsE+W

2(1)The Chief Inspector may arrange for such persons as he thinks fit to assist him in the discharge of his functions in relation to a particular case or class of case.E+W

(2)Any person assisting the Chief Inspector under any such arrangements is to be known as an additional inspector.

(3)Any arrangements which provide for assistance by persons who are not members of the Chief Inspector's staff must be made on terms agreed by him with the Assembly.

(4)An additional inspector acting within the authority conferred on him by the Chief Inspector has all the powers of one of Her Majesty's Inspectors of Education and Training in Wales.

Remuneration, pensions etc.E+W

3(1)There are to be paid to the Chief Inspector such remuneration, and such travelling and other allowances, as the Assembly may determine.E+W

(2)In the case of any such Chief Inspector as may be determined by the Assembly, there is to be paid—

(a)such pension, allowance or gratuity to or in respect of him, or

(b)such contributions or payments towards provision for such a pension, allowance or gratuity,

as may be so determined.

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

Official sealE+W

4E+WThe Chief Inspector is to continue to have an official seal for the authentication of documents required for the purposes of his functions.

Performance of functionsE+W

5(1)Anything authorised or required by or under this Part of this Act or any other enactment to be done by the Chief Inspector may be done by—E+W

(a)any of Her Majesty's Inspectors of Education and Training in Wales,

(b)any other member of his staff, or

(c)any additional inspector,

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

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

Documentary evidenceE+W

6E+WThe Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief Inspector as if—

(a)he were included in the first column of the Schedule to that Act,

(b)he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and

(c)the regulations referred to in that Act included any document issued by him or any such person.

Section 27

SCHEDULE 3E+WRegistration of inspectors in Wales: tribunals hearing appeals under section 27

Modifications etc. (not altering text)

C1Sch. 3 applied (with modifications) (16.5.2006) by S.I. 2006/1338, art. 6, Sch. 4 para. 5

Constitution of tribunalsE+W

1(1)A tribunal constituted to hear an appeal under section 27 (“a tribunal”) is to consist of—E+W

(a)a chairman appointed by the [F2Lord Chief Justice after consulting the Lord Chancellor] , and

(b)two other members appointed by the Assembly.

(2)To be qualified for appointment as chairman of a tribunal, a person must [F3satisfy the judicial-appointment eligibility condition on a 5-year basis.]

(3)A person may not be appointed after the day on which he attains the age of [F475] to be the chairman of a tribunal.

[F5(3A)A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a tribunal constituted to hear an appeal under section 27 may act as a member of such a tribunal at the request of its chairman and with the approval of the President of Welsh Tribunals.]

[F6(3B)A chairman or other member of a tribunal must vacate office on reaching the age of 75.]

[F7(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.]

Textual Amendments

F3Words in Sch. 3 para. 1(2) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 42; S.I. 2008/1653, art. 2(d) (with arts. 3 4)

F5Sch. 3 para. 1(3A) inserted (12.12.2017 being the date that S.I. 2017/1282 comes into force) by Wales Act 2017 (c. 4), ss. 62(6), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

Procedure of tribunalsE+W

2(1)The Assembly may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, tribunals.E+W

(2)The regulations may, in particular, make provision—

(a)as to the period within which, and manner in which, appeals must be brought,

(b)for the holding of hearings in private in prescribed circumstances,

(c)as to the persons who may appear on behalf of the parties,

(d)for enabling hearings to be conducted even though a member of the tribunal, other than the chairman, is absent,

(e)as to the disclosure by the appellant, and others, of documents and the inspection of documents,

(f)requiring persons to attend the proceedings and give evidence,

(g)as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f),

(h)authorising the administration of oaths to witnesses,

(i)as to the withdrawal of appeals,

(j)as to costs and expenses incurred by any party to the proceedings, and

(k)authorising preliminary or incidental matters in relation to an appeal to be dealt with by the chairman of the tribunal hearing that appeal.

Modifications etc. (not altering text)

C2Sch. 3 para. 2 applied (3.10.2005 for E. and 1.9.2006 for W.) by 1998 c. 31, Sch. 26 para. 10(2) (as substituted by Education Act 2005 (c. 18), ss. 53, 119, 125, Sch. 7 para. 16(4)); S.I. 2005/2034, art. 6, S.I. 2006/1338, {art. 3}, Sch. 1

StaffE+W

3E+WThe Assembly may make such provision as the Assembly thinks fit for—

(a)the allocation of staff for any tribunal,

(b)the remuneration of members of tribunals and the reimbursement of their expenses,

(c)defraying any reasonable expenses incurred by any tribunal.

Modifications etc. (not altering text)

C3Sch. 3 para. 3 applied (3.10.2005 for E. and 1.9.2006 for W.) by 1998 c. 31, Sch. 26 para. 10(2) (as substituted by Education Act 2005 (c. 18), ss. 53, 119, 125, Sch. 7 para. 16(4)); S.I. 2005/2034, art. 6, S.I. 2006/1338, {art. 3}, Sch. 1

Section 28

SCHEDULE 4E+WSchool inspections in Wales under section 28

InterpretationE+W

1E+WIn this Schedule—

  • “appropriate authority” means—

    (a)

    in relation to a community, foundation or voluntary school, a community F8... special school or a maintained nursery school, the school's governing body or, if the school does not have a delegated budget, the [F9local authority], and

    (b)

    in relation to a school falling within section 28(2)(d), the proprietor of the school;

  • “inspection” means an inspection under section 28.

Textual Amendments

Selection of registered inspectorsE+W

2(1)Before entering into any arrangement for an inspection by a registered inspector, the Chief Inspector must invite tenders from at least two persons who can reasonably be expected to tender for the proposed inspection and to do so at arm's length from each other, and each of whom is either—E+W

(a)a registered inspector, or

(b)a person who the Chief Inspector is satisfied would, if his tender were successful, arrange with a registered inspector for the inspection to be carried out.

(2)Before an inspection takes place the Chief Inspector must consult the appropriate authority about the inspection.

Inspection teamsE+W

3(1)Every inspection must be conducted by a registered inspector or member of the Inspectorate with the assistance of a team (“an inspection team”); and no person may act as a member of an inspection team unless—E+W

(a)he is enrolled in the list kept by the Chief Inspector under paragraph 4, or

(b)he is a member of the Inspectorate and (if he is not the Chief Inspector) is authorised so to act by the Chief Inspector.

(2)It is the duty of the inspector conducting the inspection to ensure that—

(a)at least one member of the inspection team is a person—

(i)without personal experience in the management of any school or in the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

(ii)whose primary function on the team is not that of providing financial or business expertise, and

(b)no member of the inspection team falls within a category of person prescribed for the purposes of this sub-paragraph.

(3)Otherwise, the composition of the inspection team is to be determined by the inspector conducting the inspection, subject (in the case of a registered inspector) to his complying with any condition imposed under section 25(4)(c).

(4)Any experience of a kind mentioned in sub-paragraph (2)(a) which it is reasonable to regard as insignificant, having regard to the purposes of sub-paragraph (2), may be ignored by the inspector conducting the inspection.

(5)It is the duty of the inspector conducting the inspection to ensure that no person takes part in an inspection if he has, or has at any time had, any connection with—

(a)the school in question,

(b)any person who is employed at the school,

(c)any person who is a member of the school's governing body, or

(d)the proprietor of the school,

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

Enrolment of persons to act as team membersE+W

4(1)The Chief Inspector must keep a list of persons who may act as members of an inspection team by virtue of paragraph 3(1)(a) (“the list”).E+W

(2)The Chief Inspector may not enrol any person in the list unless, having regard to any conditions that he proposes to impose under section 25(4)(c) (as it applies in accordance with sub-paragraph (4) of this paragraph), it appears to him that that person—

(a)is a fit and proper person for carrying out an inspection, and

(b)will be capable of assisting in an inspection competently and effectively.

(3)An application for enrolment in the list must (except in such circumstances as may be prescribed) be accompanied by the prescribed fee.

(4)Subsections (3)(a), (4), (5)(b) and (6) to (9) of section 25 apply in relation to the enrolment of a person in the list and acting as a member of an inspection team as they apply in relation to the registration of a person under subsection (1) of that section and to acting as a registered inspector, but as if the reference in subsection (5)(b) of that section to the need for registered inspectors were a reference to the need for enrolled persons.

(5)Sections 26 and 27 and Schedule 3 apply in relation to enrolment on the list and to a person so enrolled as they apply in relation to registration under section 25(1) and to a person so registered, but with any necessary modifications.

(6)In its application to an enrolled person in accordance with sub-paragraph (5), section 26 has effect as if the conditions mentioned in subsection (2) of that section were that—

(a)that person is no longer a fit and proper person to act as a member of an inspection team;

(b)he is no longer capable of assisting in an inspection competently and effectively;

(c)there has been a significant failure on his part to comply with any condition imposed under section 25(4)(c) (as it applies in accordance with sub-paragraph (4)).

(7)Without prejudice to the generality of paragraph 2(1) of Schedule 3, regulations under that provision may provide that, where a person is appealing simultaneously —

(a)against a decision of the Chief Inspector relating to that person's registration, and

(b)against a decision of the Chief Inspector relating to that person's enrolment in the list,

both appeals are to be heard at the same time.

Training for inspectionsE+W

5(1)No person who is not a member of the Inspectorate may conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has, in the opinion of the Chief Inspector, satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector.E+W

(2)Where the Chief Inspector provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.

(3)Sub-paragraph (1) does not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector.

Meeting with parentsE+W

6E+WWhere an inspection is arranged, the appropriate authority for the school concerned must—

(a)take such steps as are reasonably practicable to notify—

(i)the parents of registered pupils at the school, and

(ii)such other persons as may be prescribed,

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

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

Rights of entry etc.E+W

7(1)An inspector conducting an inspection, and the members of his inspection team, have at all reasonable times—E+W

(a)a right of entry to the premises of the school concerned, and

(b)a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for the purposes of the inspection.

(2)Where—

(a)pupils registered at the school concerned are, by arrangement with another school, receiving part of their education at the other school, and

(b)the inspector is satisfied that he cannot properly discharge his duty under section 28(5) in relation to the school concerned without inspecting the provision made for those pupils at that other school,

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

(3)An inspector conducting an inspection of a school, and the members of his inspection team, also have at all reasonable times—

(a)a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by the school, any pupils who—

(i)are registered at the school, and

(ii)have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

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

(b)a right of entry to any premises of the provider used in connection with the provision by him of that education, and

(c)a right to inspect and take copies of—

(i)any records kept by the provider relating to the provision of that education, and

(ii)any other documents containing information so relating,

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

Offence of obstructing inspector or inspection teamE+W

8(1)It is an offence intentionally to obstruct—E+W

(a)the inspector conducting the inspection, or

(b)a member of an inspection team,

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

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

Replacement of inspector during course of inspectionE+W

9(1)This paragraph applies to an inspection where, at any time—E+W

(a)after the meeting required by paragraph 6 is held, but

(b)before the making of the report of the inspection is completed,

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

(2)If the conditions set out in sub-paragraph (3) are satisfied—

(a)the Chief Inspector may arrange for that person to be replaced as the inspector conducting the inspection by another person who is either a registered inspector or a member of the Inspectorate, and

(b)if he does so, anything done by or in relation to that person in connection with the inspection is, so far as necessary for his effectual replacement by that other inspector, to be regarded as done by or in relation to that other inspector.

(3)The conditions are—

(a)that the appropriate authority for the school concerned have given the Chief Inspector notice in writing of their agreement to the inspector mentioned in sub-paragraph (1) being replaced under this paragraph, and

(b)that the replacement inspector does not have, and has not at any time had, any connection of the kind mentioned in paragraph 3(5) with the school in question or with any other person mentioned there.

Section 46

F10SCHEDULE 5E+WSixth forms requiring significant improvement

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

Textual Amendments

Section 50

SCHEDULE 6E+WInspections of denominational education in Wales

InterpretationE+W

1E+WIn this Schedule—

  • “inspection” means an inspection of a school under section 50;

  • “inspector” means the person conducting the inspection.

Inspectors' reportsE+W

2(1)An inspection must be carried out within such period as may be prescribed.E+W

(2)When an inspection has been completed, the inspector must, before the end of the period prescribed for the purposes of this sub-paragraph, prepare in writing a report of the inspection and a summary of the report.

(3)The inspector must, without delay, send the report and summary to the governing body for the school concerned.

(4)The governing body must—

(a)make any such report and its accompanying summary available for inspection by members of the public, at such times and at such a place as may be reasonable,

(b)provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

(c)take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school—

(i)for whom the school provides denominational education, or

(ii)who takes part in an act of collective worship the content of which falls to be inspected under section 50,

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

Action plansE+W

3(1)The governing body to whom an inspector has reported under this Schedule must, before the end of the prescribed period, prepare a written statement (“the action plan”) of the action which they propose to take in the light of his report and the period within which they propose to take it.E+W

(2)Where an action plan has been prepared by a governing body, they must, before the end of the prescribed period, send copies of it to the person who appoints the school's foundation governors, to the [F9local authority] and to such other persons (if any), in such circumstances, as may be prescribed.

(3)The governing body must—

(a)make any action plan prepared by them available for inspection by members of the public, at such times and at such a place as may be reasonable,

(b)provide a copy of the plan, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply) to any person who asks for one, and

(c)take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school—

(i)for whom the school provides denominational education, or

(ii)who takes part in acts of collective worship the content of which falls to be inspected under section 50,

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

(4)Where the governing body of a school have prepared an action plan, they must include in their governors' report under section 30 of the Education Act 2002 (c. 32) a statement of the extent to which the proposals set out in the plan have been carried into effect.

(5)Sub-paragraph (4) applies only in relation to the most recent action plan for the school in question.

Textual Amendments

Section 53

SCHEDULE 7E+WInspection of child minding, day care and nursery education

Part 1E+WChild minding and day care: amendments of Children Act 1989

F11F121E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 7 para. 1 repealed (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with Sch. 1)

2E+WOmit section 79P of the Children Act 1989 (early years child care inspectorate for England).

F13 3(1)Section 79Q of the Children Act 1989 (inspection of provision of child minding and day care in England) is amended as follows.E+W

(2)In subsection (1), for “provision” substitute “ provider ”.

(3)In subsection (2), omit “or secure the inspection by a registered inspector of”.

(4)In subsection (3), omit “or secure the inspection by a registered inspector of”.

(5)Omit subsection (4).

(6)After subsection (5) insert—

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

(7)For subsection (6) substitute—

“(6)When conducting an inspection under this section the Chief Inspector shall report in writing on—

(a)the quality and standards of the child minding or day care provided,

(b)how far the child minding or day care meets the needs of the range of children for whom it is provided,

(c)the contribution made by the child minding or day care to the well-being of the children for whom it is provided, and

(d)in the case of day care, the quality of leadership and management in connection with its provision.

(6A)In subsection (6)(c), the reference to well-being is a reference to well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004.”

(8)Omit subsection (7).

Textual Amendments

F13Sch. 7 para. 3 repealed (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with Sch. 1)

Commencement Information

I1Sch. 7 para. 3 wholly in force at 3.10.2005; Sch. 7 para. 3 not in force at Royal Assent see s. 125; Sch. 7 para. 3(6) in force at 1.8.2005 by S.I. 2005/2034, art. 2; Sch. 7 para. 3 in force at 3.10.2005 so far as not already in force by S.I. 2005/2034, art. 7

F14 4(1)Section 79R of the Children Act 1989 (c. 41) (reports of inspections) is amended as follows.E+W

(2)Omit subsections (1) and (2).

(3)For subsection (3) substitute—

“(3)Where the Chief Inspector reports on an inspection under section 79Q he—

(a)may send a copy of the report to the Secretary of State, and shall do so without delay if the Secretary of State requests a copy;

(b)shall ensure that a copy of the report is sent to the registered person providing the child minding or day care that was inspected;

(c)shall ensure that copies of the report, or such parts of it as he considers appropriate, are sent to such other authorities or persons as may be prescribed; and

(d)may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.”

(4)After subsection (3) insert—

“(3A)Regulations may make provision—

(a)requiring a registered person to make a copy of any report sent to him under subsection (3)(b) available for inspection by prescribed persons,

(b)requiring a registered person, except in prescribed cases, to provide a copy of the report to prescribed persons, and

(c)authorising a registered person in prescribed cases to charge a fee for providing a copy of the report.”

(5)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 7 para. 4 repealed (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with Sch. 1)

Commencement Information

I2Sch. 7 para. 4 wholly in force at 3.10.2005; Sch. 7 para. 4 not in force at Royal Assent see s. 125; Sch. 7 para. 4(4) in force at 1.8.2005 by S.I. 2005/2034, art. 2; Sch. 7 para. 4 in force at 3.10.2005 so far as not already in force by the said S.I. 2005/2034, art. 7

5(1)Section 79T of the Children Act 1989 (c. 41) (inspection: Wales) is amended as follows.E+W

(2)In subsection (2)(a), omit “the quality and standards of”.

(3)In subsection (4), for “section 42A of the School Inspections Act 1996” substitute “ section 29 of the Education Act 2005 ”.

6E+WIn section 79U of the Children Act 1989 (rights of entry etc.), in subsection (4), for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

Commencement Information

I3Sch. 7 para. 6 wholly in force at 1.9.2006 ; Sch. 7 para. 6 not in force at Royal Assent see s. 125; Sch. 7 para. 6 in force for E. at 3.10.2005 by S. I. 2005/2034, art. 6; Sch. 7 para. 6 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Part 2E+WNursery education: amendments of School Standards and Framework Act 1998

7(1)Section 122 of the School Standards and Framework Act 1998 (c. 31) (inspection of nursery education) is amended as follows.E+W

(2)In subsection (3), for “the Chief Inspector” substitute “ the Chief Inspector for Wales ”.

(3)In subsection (4), for “ “the Chief Inspector” means Her Majesty's Chief Inspector of Schools in England or” substitute “ “the Chief Inspector for Wales” means“” .

Commencement Information

I4Sch. 7 para. 7 wholly in force at 1.9.2006; Sch. 7 para. 7 not in force at Royal Assent see s. 125; Sch. 7 para. 7 in force for E. at 3.10.2005 by S. I. 2005/2034, art. 6; Sch. 7 para. 7 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

8E+WSchedule 26 to the School Standards and Framework Act 1998 (inspection of nursery education) is amended as follows.

Commencement Information

I5Sch. 7 para. 8 wholly in force at 1.9.2006; Sch. 7 para. 8 not in force at Royal Assent see s. 125; Sch. 7 para. 8 in force for E. at 3.10.2005 by S. I. 2005/2034, art. 6; Sch. 7 para. 8 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

9(1)Paragraph 1 is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)before paragraph (a) insert—

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

(b)in paragraph (a), after “nursery education” insert “ not falling within paragraph (za) ”;

(c)for paragraph (b) substitute—

“(b)nursery education which is provided by any other person under arrangements made with that person by a [F9local authority] in pursuance of the duty imposed on the authority by section 118 and in consideration of financial assistance provided by the authority under the arrangements.”

(3)In sub-paragraph (2), for the words from “to whom” onwards substitute “ with whom a [F9local authority] are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements ”.

(4)For sub-paragraph (3) substitute—

“(3)Where—

(a)any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b) (“the prescribed age”), and

(b)that education is provided by a person—

(i)who proposes to provide nursery education at those premises for children who have attained the prescribed age, and

(ii)with whom a [F9local authority] are considering making arrangements of the kind mentioned in sub-paragraph (2),

the education is to be treated for the purposes of this Schedule as nursery education under consideration for funding even though it is provided for children who have not attained the prescribed age.”

Textual Amendments

Commencement Information

I6Sch. 7 para. 9 partly in force; Sch. 7 para. 9 not in force at Royal Assent see s. 125; Sch. 7 para. 9 in force for W. at 1.9.2006 by S.I. 2006/1338, art. 3, Sch. 1

10(1)Paragraph 2 is amended as follows.E+W

(2)For sub-paragraph (1) substitute—

“(1)In this Schedule—

(a)“the Chief Inspector for England” means Her Majesty's Chief Inspector of Schools in England,

(b)“the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and

(c)“the Chief Inspector” (without more) means—

(i)as respects nursery education provided in England, the Chief Inspector for England, and

(ii)as respects nursery education provided in Wales, the Chief Inspector for Wales.”

(3)In sub-paragraph (2), after “registered” insert “ Welsh ”.

(4)For sub-paragraph (3) substitute—

“(3)In this Schedule “members of the Welsh Inspectorate” means—

(a)the Chief Inspector for Wales,

(b)Her Majesty's Inspectors of Education and Training in Wales, and

(c)additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.”

(5)Omit sub-paragraph (4).

(6)[F16At the end insert—

“(5)In this Schedule “well-being”—

(a)in relation to children for whom nursery education is provided in England, is a reference to their well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004, and

(b)in relation to children for whom such education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of that Act.”]

Textual Amendments

F16Sch. 7 para. 10(6) repealed (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with Sch. 1)

Commencement Information

I7Sch. 7 para. 10 partly in force; Sch. 7 para. 10 not in force at Royal Assent see s. 125; Sch. 7 para. 10(1)-(5) and (for certain purposes) (6) in force for E. at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 10 in force for W. at 1.9.2006 by S.I. 2006/1338, art. 3, Sch. 1

11E+WIn paragraph 3, before the “and” immediately following paragraph (a) insert—

“(aa)how far relevant nursery education meets the needs of the range of children for whom it is provided,

(ab)the quality of leadership and management in connection with the provision of relevant nursery education,

(ac)the contribution of relevant nursery education to the well-being of the children for whom it is provided,”.

Commencement Information

I8Sch. 7 para. 11 wholly in force at 1.9.2006; Sch. 7 para. 11 not in force at Royal Assent see s. 125; Sch. 7 para. 11 in force for E. at 3.10.2005 by S. I. 2005/2034, art. 6; Sch. 7 para. 11 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

12E+WFor paragraphs 6 and 7 substitute—

“Inspections in EnglandE+W

6A(1)The Chief Inspector for England—

(a)shall at such intervals as may be prescribed inspect relevant nursery education provided in England,

(b)shall inspect relevant nursery education, or nursery education under consideration for funding, provided in England, at any time when the Secretary of State requires the Chief Inspector for England to secure its inspection, and

(c)may inspect relevant nursery education, or nursery education under consideration for funding, provided in England, at any other time when the Chief Inspector for England considers that it would be appropriate for it to be inspected.

(2)Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 5 of the Education Act 2005 (inspections of certain schools) applies.

(3)A requirement such as is mentioned in sub-paragraph (1)(b) may be imposed in relation to nursery education provided at particular premises or a class of premises.

(4)Regulations may make provision requiring the responsible person to notify prescribed persons of the fact that relevant nursery education or nursery education under consideration for funding provided by the responsible person is to be inspected under this paragraph.

(5)In sub-paragraph (4) “the responsible person”, in relation to any relevant nursery education or nursery education under consideration for funding, means such person as may be prescribed.

Inspections in WalesE+W

6B(1)The Chief Inspector for Wales—

(a)shall secure that relevant nursery education provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at such intervals as may be prescribed,

(b)shall secure that relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any time when the National Assembly for Wales requires the Chief Inspector for Wales to secure its inspection, and

(c)may secure that any relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any other time when the Chief Inspector for Wales considers that it would be appropriate for it to be inspected.

(2)Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 28 of the Education Act 2005 (duty to arrange regular inspections of certain schools) applies.

(3)The Chief Inspector for Wales may comply with sub-paragraph (1) either by organising inspections or by making arrangements with others for them to organise inspections.

(4)A requirement such as is mentioned in sub-paragraph (1)(b) may relate to nursery education provided at particular premises or a class of premises.

Reports of inspections under paragraph 6A or 6BE+W

7A person conducting an inspection under paragraph 6A or 6B shall report on—

(a)the quality and standards of the nursery education provided,

(b)how far that nursery education meets the needs of the range of children for whom the education is provided,

(c)the quality of leadership and management in connection with the provision of the nursery education,

(d)the contribution made by that nursery education to the well-being of those children, and

(e)so far as it is reasonably practicable to do so, the spiritual, moral, social and cultural development of the children for whom the nursery education is provided.”

Commencement Information

I9Sch. 7 para. 12 partly in force; Sch. 7 para. 12 not in force at Royal Assent see s. 125; Sch. 7 para. 12 in force for certain purposes at 1.8.2005 and for certain further purposes (E.) at 3.10.2005 by S.I. 2005/2034, arts. 2, 6 and in force (W.) at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

13E+WAt the end of the heading before paragraph 8 insert “ for Wales ”.

Commencement Information

I10Sch. 7 para. 13 wholly in force at 1.9.2006; Sch. 7 para. 13 not in force at Royal Assent see s. 125; Sch. 7 para. 13 in force for E. at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 13 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

14(1)Paragraph 8 is amended as follows.E+W

(2)In sub-paragraph (1), omit the words from the beginning to “England and”.

(3)After “Chief Inspector” wherever occurring in sub-paragraphs (2) to (8) insert “ for Wales ”.

(4)In sub-paragraph (2)—

(a)for “6” (in both places) substitute “ 6B ”, and

(b)in paragraph (a), after “registered” insert “ Welsh ”.

(5)In sub-paragraph (3)—

(a)in paragraph (a), after “registered” insert “ Welsh ”, and

(b)in paragraph (b), for “6” substitute “ 6B ”.

(6)In sub-paragraph (5), omit “England and”.

(7)In sub-paragraph (7), for “registered nursery education inspector” substitute “ registered Welsh nursery education inspector ”.

Commencement Information

I11Sch. 7 para. 14 wholly in force at 1.9.2006; Sch. 7 para. 14 not in force at Royal Assent see s. 125; Sch. 7 para. 14 in force for E. at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 14 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

15(1)Paragraph 9 is amended as follows.E+W

(2)In sub-paragraph (1), after “Chief Inspector” insert “ for Wales ”.

(3)In sub-paragraph (2)—

(a)in paragraph (a), after “registered” insert “ Welsh ”, and

(b)in paragraphs (a) and (d), for “6” substitute “ 6B ”.

(4)In sub-paragraph (3), after “Chief Inspector” insert “ for Wales ”.

(5)Omit sub-paragraph (5).

Commencement Information

I12Sch. 7 para. 15 wholly in force at 1.9.2006; Sch. 7 para. 15 not in force at Royal Assent see s. 125; Sch. 7 para. 15 in force for E. at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 15 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

16(1)Paragraph 10 is amended as follows.E+W

(2)In sub-paragraph (1), after “Chief Inspector” insert “ for Wales ”.

(3)Omit sub-paragraph (1A).

(4)For sub-paragraph (2) substitute—

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

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

Commencement Information

I13Sch. 7 para. 16 wholly in force at 1.9.2006; Sch. 7 para. 16 not in force at Royal Assent see s. 125; Sch. 7 para. 16 in force for E. at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 16 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

17E+WFor the heading before paragraph 11 substitute “ Training of registered Welsh nursery education inspectors ”.

Commencement Information

I14Sch. 7 para. 17 wholly in force at 1.9.2006; Sch. 7 para. 17 not in force at Royal Assent see s. 125; Sch. 7 para. 17 in force for E. at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 17 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

18(1)Paragraph 11 is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)after “registered” insert “ Welsh ”, and

(b)after “Chief Inspector”, in both places, insert “ for Wales ”.

(3)In sub-paragraphs (2) and (3), after “Chief Inspector” insert “ for Wales ”.

Commencement Information

I15Sch. 7 para. 18 wholly in force at 1.9.2006; Sch. 7 para. 18 not in force at Royal Assent see s. 125; Sch. 7 para. 18 in force for E. at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 18 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

19E+WIn paragraph 12, for “6” substitute “ 6B ”.

Commencement Information

I16Sch. 7 para. 19 wholly in force at 1.9.2006; Sch. 7 para. 19 not in force at Royal Assent see s. 125; Sch. 7 para. 19 in force for E. at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 19 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

20E+WFor paragraph 13 (and the heading immediately preceding it) substitute—

“Reports of inspections: EnglandE+W

13A(1)After an inspection under paragraph 6A, the Chief Inspector for England shall—

(a)make a report in writing, and

(b)ensure that a copy of the report is sent without delay—

(i)to the responsible person, and

(ii)to such other authorities and persons as may be prescribed.

(2)Regulations may make provision—

(a)requiring the responsible person to make a copy of any report sent to him under sub-paragraph (1)(b)(i) available for inspection by prescribed persons,

(b)requiring the responsible person to provide a copy of the report to prescribed persons, and

(c)authorising the responsible person in prescribed cases to charge a fee for providing a copy of the report.

(3)In sub-paragraph (2) “responsible person” has the meaning given by paragraph 6A(5).

(4)Subsections (2) to (4) of section 11 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to England as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.

Reports of inspections: WalesE+W

13B(1)Where a person has conducted an inspection under paragraph 6B he shall make his report in writing to the Chief Inspector for Wales within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector for Wales may consider necessary.

(2)Once the report of an inspection has been made to the Chief Inspector for Wales under sub-paragraph (1) he shall without delay send a copy to such authorities and persons as may be prescribed.

(3)Regulations may require any prescribed person to whom a copy of the report is sent under subsection (2) to make a copy of the report available for inspection by prescribed persons.

(4)Subsections (2) to (4) of section 29 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to Wales as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.”

Commencement Information

I17Sch. 7 para. 20 partly in force; Sch. 7 para. 20 not in force at Royal Assent see s. 125; Sch. 7 para. 20 in force for certain purposes at 1.8.2005 and for certain purposes (E.) at 3.10.2005 by S.I. 2005/2034, arts. 2, 6; Sch. 7 para. 20 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

21E+WFor paragraph 14 substitute—

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

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

Commencement Information

I18Sch. 7 para. 21 partly in force; Sch. 7 para. 21 not in force at Royal Assent see s. 125; Sch. 7 para. 21 in force for certain purposes at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 21 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

22E+WIn paragraph 16, for “6” substitute “ 6A or 6B ”.

Commencement Information

I19Sch. 7 para. 22 wholly in force at 1.9.2006; Sch. 7 para. 22 not in force at Royal Assent see s. 125; Sch. 7 para. 22 in force for E. at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 22 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

23E+WFor paragraph 17 substitute—

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

Commencement Information

I20Sch. 7 para. 23 wholly in force; Sch. 7 para. 23 not in force at Royal Assent see s. 125; Sch. 7 para. 23 in force for E. at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 23 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

24(1)Paragraph 18 is amended as follows.E+W

(2)For sub-paragraph (1) substitute—

“(1)This paragraph applies to—

(a)the Chief Inspector for England when conducting an inspection under paragraph 6A,

(b)a registered Welsh nursery education inspector or member of the Welsh Inspectorate conducting an inspection under paragraph 6B, or

(c)a member of the Welsh Inspectorate monitoring under paragraph 17 an inspection under paragraph 6B.”

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

“(3)Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.

(4)It shall be an offence—

(a)intentionally to obstruct the Chief Inspector for England in the exercise of his functions in relation to an inspection under paragraph 6A, or

(b)intentionally to obstruct a member of the Welsh Inspectorate or a registered Welsh nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6B.”

Commencement Information

I21Sch. 7 para. 24 partly in force; Sch. 7 para. 24 not in force at Royal Assent see s. 125; Sch. 7 para. 24(1) in force for E. and Sch. 7 para. 24(2)(3) in force for E. for certain purposes at 3.10.2005 by S.I. 2005/2034, art. 6; Sch. 7 para. 24 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Section 54

SCHEDULE 8E+WInspection of independent schools

1E+WIn this Schedule “the 2002 Act” means the Education Act 2002 (c. 32).

Commencement Information

I22Sch. 8 wholly in force at 1.9.2006; Sch. 8 not in force at Royal Assent see s. 125; Sch. 8 in force for E. at 1.9.2005 by S.I. 2005/2034, art. 4; Sch. 8 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

F172E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I23Sch. 8 wholly in force at 1.9.2006; Sch. 8 not in force at Royal Assent see s. 125; Sch. 8 in force for E. at 1.9.2005 by S.I. 2005/2034, art. 4; Sch. 8 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

3E+WFor sections 163 and 164 of the 2002 Act substitute—

“163Power to inspect registered schools in Wales

(1)The registration authority may at any time—

(a)require the Chief Inspector for Wales to inspect any registered school in Wales, or to secure its inspection by one or more registered inspectors, or

(b)arrange for the inspection of any registered school by a body approved by the registration authority for the purposes of this subsection.

(2)The inspection of a school under this section shall relate to—

(a)such of the independent school standards as are, at the time of the inspection, specified by the registration authority for the purposes of this section in relation to any category of school into which that school falls, or

(b)if the registration authority so determines, such of the independent school standards as the registration authority may specify in relation to that school.

(3)A person who conducts an inspection under this section shall—

(a)make a report to the registration authority on the extent to which the school meets the standard or standards to which the inspection relates, and

(b)if the registration authority so requires, arrange for the publication of the report in the prescribed manner.

(4)A report published under subsection (3) is privileged for the purposes of the law of defamation unless the publication is shown to be made with malice (but without prejudice to any privilege subsisting apart from this subsection).

(5)In this section and section 164—

  • “the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales;

  • “registered inspector” means a person registered under section 25 of the Education Act 2005.

164Inspections under section 163: supplementary

(1)This section applies to the inspection of a school which is conducted by the Chief Inspector for Wales or a registered inspector under section 163(1)(a).

(2)If the inspection is conducted by a registered inspector—

(a)he may, by agreement with the Chief Inspector for Wales, be assisted by the Chief Inspector for Wales, and

(b)he may be assisted by such one or more persons enrolled in the list kept under paragraph 4 of Schedule 4 to the Education Act 2005 as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below.

(3)If the Chief Inspector for Wales so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)—

(a)who is without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity, and disregarding any experience which it is reasonable to regard as insignificant), and

(b)whose primary function in the inspection is not that of providing financial or business expertise.

(4)If the inspection is conducted by a registered inspector, it may be monitored by the Chief Inspector for Wales.

(5)The person conducting the inspection, any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection shall have at all reasonable times—

(a)a right of entry to the premises of the school, and

(b)a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection.

(6)Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (5)(b).

(7)It is an offence intentionally to obstruct a person in the exercise of his functions in relation to the inspection.

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(9)The proprietor of the school shall pay the Chief Inspector for Wales, in respect of the inspection, a fee of such amount, and by such time, as may be specified in or determined under regulations.

(10)Where the proprietor fails to comply with subsection (9), the registration authority may remove the school from the register.

(11)The Chief Inspector for Wales shall pay the amount of any fee received under subsection (9) into the Consolidated Fund.

(12)Subsection (11) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief Inspector for Wales).”

Commencement Information

I24Sch. 8 wholly in force at 1.9.2006; Sch. 8 not in force at Royal Assent see s. 125; Sch. 8 in force for E. at 1.9.2005 by S.I. 2005/2034, art. 4; Sch. 8 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

F184E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I25Sch. 8 wholly in force at 1.9.2006; Sch. 8 not in force at Royal Assent see s. 125; Sch. 8 in force for E. at 1.9.2005 by S.I. 2005/2034, art. 4; Sch. 8 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

5E+WIn section 171 of the 2002 Act (interpretation of Chapter 1 of Part 10), omit the definition of “registered inspector”.

Commencement Information

I26Sch. 8 wholly in force at 1.9.2006; Sch. 8 not in force at Royal Assent see s. 125; Sch. 8 in force for E. at 1.9.2005 by S.I. 2005/2034, art. 4; Sch. 8 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Section 61

SCHEDULE 9E+WFurther amendments relating to school inspection

Parliamentary Commissioner Act 1967 (c. 13)E+W

1E+WIn Schedule 4 to the Parliamentary Commissioner Act 1967, omit the entry beginning “Registered Inspectors of Schools Appeal Tribunals”.

Employment and Training Act 1973 (c. 50)E+W

2(1)Section 10B of the Employment and Training Act 1973 (inspection) is amended as follows.E+W

(2)For subsection (6) substitute—

“(6)A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005—

(a)section 10(1)(a) and (d) (right of access), and

(b)section 58 (computer records).”

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

House of Commons Disqualification Act 1975 (c. 24)E+W

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

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

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W

4E+WPart 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 is to continue to include the same entries as those specified in paragraph 3 of this Schedule (originally inserted by paragraph 9 of Schedule 1 to the Education (Schools) Act 1992, continued in force by paragraph 3 of Schedule 6 to the School Inspections Act 1996 and amended by virtue of section 73(3)(a) of the Learning and Skills Act 2000).

Education Reform Act 1988 (c. 40)E+W

5E+WF19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Tribunals and Inquiries Act 1992 (c. 53)E+W

6E+WIn Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), in paragraph 15(d) for “Schedule 2 to the School Inspections Act 1996 (c. 57)” substitute “ Schedule 3 to the Education Act 2005 ”.

Judicial Pensions and Retirement Act 1993 (c. 8)E+W

7E+WIn section 26 of the Judicial Pensions and Retirement Act 1993 (retirement date for holders of certain judicial offices etc.) in subsection (8)(h), for “Schedule 2 to the School Inspections Act 1996” substitute “ Schedule 3 to the Education Act 2005 ”.

F20...E+W

Textual Amendments

F218E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I27Sch. 9 para. 8 wholly in force at 1.9.2006; Sch. 9 para. 8 not in force at Royal Assent see s. 125; Sch. 9 para. 8 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 8 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Education Act 1996 (c. 56)E+W

9E+WIn section 578(1) (meaning of “the Education Acts”) omit “the School Inspections Act 1996”.

Commencement Information

I28Sch. 9 para. 9 wholly in force at 1.9.2006; Sch. 9 para. 9 not in force at Royal Assent see s. 125; Sch. 9 para. 9 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 9 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

10E+WIn Schedule 36 to the Education Act 1996 (uniform statutory trusts for educational endowments), in paragraph 2(b) for “Part I of the School Inspections Act 1996” substitute “ Part 1 of the Education Act 2005 ”.

Commencement Information

I29Sch. 9 para. 10 wholly in force at 1.9.2006; Sch. 9 para. 10 not in force at Royal Assent see s. 125; Sch. 9 para. 10 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 10 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Education Act 1997 (c. 44)E+W

11E+WIn section 38 of the Education Act 1997 (inspection of [F22local authorities]) in subsection (5)(b) for “paragraph 2 of Schedule 1 to the School Inspections Act 1996” substitute “ paragraph 2 of Schedule 1 to the Education Act 2005 or (as the case requires) paragraph 2 of Schedule 2 to that Act ”.

Textual Amendments

Commencement Information

I30Sch. 9 para. 11 wholly in force at 1.9.2006; Sch. 9 para. 11 not in force at Royal Assent see s. 125; Sch. 9 para. 11 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 11 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

12E+WIn section 39 of the Education Act 1997 (reports of inspections under section 38 and action plan by [F9local authority]), in subsection (4)—

(a)for “section 42A(2) to (4) of the School Inspections Act 1996” substitute “ section 11(2) to (4) of the Education Act 2005 or, in relation to Wales, section 29(2) to (4) of that Act ”, and

(b)for “section 42A(2)” substitute “ section 11(2) or, as the case may be, section 29(2) ”.

Textual Amendments

Commencement Information

I31Sch. 9 para. 12 wholly in force at 1.9.2006; Sch. 9 para. 12 not in force at Royal Assent see s. 125; Sch. 9 para. 12 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 12 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

13E+WIn section 40 (inspector's right of entry etc.), in subsection (4) for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

Commencement Information

I32Sch. 9 para. 13 wholly in force at 1.9.2006; Sch. 9 para. 13 not in force at Royal Assent see s. 125; Sch. 9 para. 13 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 13 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

School Standards and Framework Act 1998 (c. 31)E+W

F2314E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I33Sch. 9 para. 14 wholly in force at 1.9.2006; Sch. 9 para. 14 not in force at Royal Assent see s. 125; Sch. 9 para. 14 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 14 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

F2315E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I34Sch. 9 para. 15 partly in force; Sch. 9 para. 15 not in force at Royal Assent see s. 125; Sch. 9 para. 15(1)(3) in force at 1. 9. 2005 for E. and Sch. 9 para. 15(2)(4) in force at 1.9.2005 for E. for certain purposes by S.I. 2005/2034, art. 4; Sch. 9 para. 15 in force at 1. 9. 2006 for W. by S.I. 2006/1338, art. 3, Sch. 1

F2316E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I35Sch. 9 para. 16 wholly in force at 1.9.2006; Sch. 9 para. 16 not in force at Royal Assent see s. 125; Sch. 9 para. 16 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 16 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

F2317E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I36Sch. 9 para. 17 wholly in force at 1.9.2006; Sch. 9 para. 17 not in force at Royal Assent see s. 125; Sch. 9 para. 17 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 17 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

F2318E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I37Sch. 9 para. 18 wholly in force at 1.9.2006; Sch. 9 para. 18 not in force at Royal Assent see s. 125; Sch. 9 para. 18 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 18 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

F2319E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I38Sch. 9 para. 19 wholly in force at 1.9.2006; Sch. 9 para. 19 not in force at Royal Assent see s. 125; Sch. 9 para. 19 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 19 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

F2320E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I39Sch. 9 para. 20 wholly in force at 1.9.2006; Sch. 9 para. 20 not in force at Royal Assent see s. 125; Sch. 9 para. 20 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 20 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

21E+WF24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I40Sch. 9 para. 21 wholly in force at 1.9.2006; Sch. 9 para. 21 not in force at Royal Assent see s. 125; Sch. 9 para. 21 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 21 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Government of Wales Act 1998 (c. 38)E+W

22E+WIn Schedule 6 to the Government of Wales Act 1998 (Her Majesty's Chief Inspector of Education and Training in Wales), in the definition of “the Office of the Chief Inspector” in paragraph 1, for “(in accordance with section 4(3) of, and Schedule 1 to, the School Inspections Act 1996)” substitute “ (in accordance with section 19(3) of, and Schedule 2 to, the Education Act 2005) ”.

Protection of Children Act 1999 (c. 14)E+W

23E+WIn section 9 of the Protection of Children Act 1999 (tribunal to hear certain appeals) omit subsection (2)(ca).

Learning and Skills Act 2000 (c. 21)E+W

24E+WIn section 75 of the Learning and Skills Act 2000 (extended remit of Chief Inspector for Wales), in subsection (2)(a), for “the Schools Inspections Act 1996” substitute “ Part 1 of the Education Act 2005 ”.

25E+WIn section 86 of the Learning and Skills Act 2000 (annual reports), in subsection (1), for “section 5(7)(a) of the School Inspections Act 1996” substitute “ section 21(1)(a) of the Education Act 2005 ”.

26(1)Section 118 of the Learning and Skills Act 2000 (inspection) is amended as follows.E+W

(2)For subsection (5) substitute—

“(5)A person carrying out or participating in the inspection shall have the same powers as the Chief Inspector has under the following provisions of the Education Act 2005—

(a)section 10(1)(a) and (d) (right of access), and

(b)section 58 (computer records).”

(3)In subsection (6), for “Section 42A of the 1996 Act” substitute “ Section 11 of the Education Act 2005 ”.

27(1)Section 128 of the Learning and Skills Act 2000 (conduct and effect of inspections) is amended as follows.E+W

(2)For subsection (2) substitute—

“(2)A person carrying out or participating in the inspection shall have the same powers as an Inspector has under the following provisions of the Education Act 2005—

(a)section 24(3)(a) and (d) (right of access), and

(b)section 58 (computer records).”

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

Education Act 2002 (c. 32)E+W

28E+WIn section 63 of the Education Act 2002 (power to require [F9local authority] to obtain advisory services) in subsection (1)(a)(i) for “with serious weaknesses” substitute “ requiring significant improvement ”.

Textual Amendments

Commencement Information

I41Sch. 9 para. 28 wholly in force at 1.9.2006; Sch. 9 para. 28 not in force at Royal Assent see s. 125; Sch. 9 para. 28 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 28 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

29E+WIn section 159 of the Education Act 2002 (unregistered independent schools), in subsection (5), for “Section 42 of the School Inspections Act 1996” substitute “ Section 58 of the Education Act 2005 ”.

Commencement Information

I42Sch. 9 para. 29 wholly in force at 1.9.2006; Sch. 9 para. 29 not in force at Royal Assent see s. 125; Sch. 9 para. 29 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 29 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

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

30E+WIn section 36 of the Nationality, Immigration and Asylum Act 2002 (education: general), in subsection (9)(a), for “the School Inspections Act 1996 (c. 57)” substitute “ Part 1 of the Education Act 2005 (school inspections) ”.

Commencement Information

I43Sch. 9 para. 30 wholly in force at 1.9.2006; Sch. 9 para. 30 not in force at Royal Assent see s. 125; Sch. 9 para. 30 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 9 para. 30 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

F25SCHEDULE 10E+W

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

Textual Amendments

F26SCHEDULE 11E+W

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

Textual Amendments

Section 72

SCHEDULE 12E+WSchool organisation: further amendments

Education Act 1996 (c. 56)E+W

1(1)Section 5 of the Education Act 1996 (primary schools, secondary schools and middle schools) is amended as follows.E+W

(2)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (5) for the words from the beginning to “subsection” substitute “ The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection ”.

Textual Amendments

2E+WF28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3E+WF29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

4E+WIn section 580 of the Education Act 1996 (index), after the entry beginning “relevant standard number” insert—

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

5E+WF30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

School Standards and Framework Act 1998 (c. 31)E+W

6E+WF31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F327E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F338E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

9E+WF34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

10E+WF35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

11E+WF36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

12E+WF37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3813E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3914E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I45Sch. 12 para. 14 partly in force; Sch. 12 para. 14 not in force at Royal Assent see s. 125; Sch. 12 para. 14 in force for certain purposes at 1.9.2006 by S.I. 2006/2129, art. 4

15E+WF40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Education Act 2002 (c. 32)E+W

16E+WIn section 129 of the Education Act 2002 (transfer of employment), in subsection (1)(a) after “section 28” insert “ , 28A ”.

Section 77

F41SCHEDULE 13E+WThe Training and Development Agency for Schools

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

Textual Amendments

Section 98

SCHEDULE 14E+WAmendments relating to the training of the school workforce

Public Records Act 1958 (c. 51)E+W

F421E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Parliamentary Commissioner Act 1967 (c. 13)E+W

F422E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Superannuation Act 1972 (c. 11)E+W

F423E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

House of Commons Disqualification Act 1975 (c. 24)E+W

F424E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Sex Discrimination Act 1975 (c. 65)E+W

F435E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F446E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Race Relations Act 1976 (c. 74)E+W

F457E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F468E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Education (Fees and Awards) Act 1983 (c. 40)E+W

9E+WIn section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments), in subsection (3) for paragraph (e) substitute—

“(e)any training provider, within the meaning of Part 3 of the Education Act 2005 (training the school workforce), who is receiving financial support under section 78 of that Act from the Training and Development Agency for Schools;

(ee)any institution eligible for funding by the Higher Education Funding Council for Wales under Part 3 of that Act;”.

Education (No. 2) Act 1986 (c. 61)E+W

10E+WIn the Education (No. 2) Act 1986, omit section 50 (grants for teacher training, etc.).

Education Act 1994 (c. 30)E+W

11E+WOmit sections 1 to 11 of the Education Act 1994.

12E+WOmit sections 12 to 17 of the Education Act 1994.

13E+WFor section 18A of the Education Act 1994 substitute—

“18BInspection of teacher training

(1)Her Majesty's Chief Inspector of Schools in England (“the Chief Inspector”) may inspect and report on—

(a)any initial training of teachers, or specialist teaching assistants, for schools, or

(b)any in-service training of such teachers or assistants,

which is provided by a training provider.

(2)When asked to do so by the Secretary of State, the Chief Inspector must—

(a)give advice to the Secretary of State on such matters connected with training falling within subsection (1)(a) or (b) as may be specified in the Secretary of State's request;

(b)inspect and report on such one or more relevant training providers in England as may be so specified.

(3)The Chief Inspector may at any time give advice to—

(a)the Secretary of State,

(b)the Training and Development Agency for Schools, or

(c)the General Teaching Council for England,

on any matter connected with training falling within subsection (1)(a) or (b).

(4)The Chief Inspector may—

(a)make such reports of inspections carried out by him under this section as he considers appropriate, and

(b)arrange for any such report to be published in such manner as he considers appropriate,

and subsections (2) to (4) of section 11 of the 2005 Act (publication of inspection reports) apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.

(5)When inspecting a training provider under this section, the Chief Inspector has at all reasonable times—

(a)a right of entry to the premises of the training provider, and

(b)a right to inspect, and take copies of, any records kept by the training provider, and any other documents containing information relating to the training provider, which he considers relevant to the exercise of his functions under this section;

and section 58 of the 2005 Act (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of the 2005 Act.

(6)Without prejudice to subsection (5), a training provider to which an inspection under this section relates—

(a)must give the Chief Inspector all assistance in connection with the exercise of his functions under this section which he is reasonably able to give, and

(b)must secure that all such assistance is also given by persons who work for the training provider.

(7)The Chief Inspector may not carry out any inspection under subsection (1) unless—

(a)at least eight weeks previously, he has given notice of his intention to carry out the inspection—

(i)to the training provider concerned, or

(ii)where the training is provided by a partnership or association of training providers, to one of those training providers, or

(b)with the agreement of that training provider or (as the case may be) one of those training providers, he has given it shorter notice of that intention.

(8)Any notice under subsection (7)—

(a)must be given in writing, and

(b)may be sent by post;

and any such notice may (without prejudice to any other lawful method of giving it) be addressed to a training provider at any address which the training provider has notified to the Training and Development Agency for Schools as its address.

(9)Nothing in this section confers any right or imposes any duty, whether as regards the carrying out of any inspection or otherwise, in relation to any course which consists of instruction given wholly or mainly for purposes other than training falling within subsection (1)(a) or (b).

(10)Any reference in this section to the Chief Inspector is to be read, in relation to any inspection which he is authorised or required to carry out under this section, as including a reference to any person authorised to act on his behalf under paragraph 5(1) or (2) of Schedule 1 to the 2005 Act.

(11)Nothing in this section is to be taken as prejudicing the generality of sections 2 to 4 of, or paragraph 5(1) or (2) of Schedule 1 to, the 2005 Act.

(12)In this section—

(a)“the 2005 Act” means the Education Act 2005;

(b)“training provider” has the same meaning as in Part 3 of the 2005 Act;

(c)“relevant training provider” means any training provider who provides training falling within subsection (1)(a) or (b);

(d)“in-service training” includes any training provided to a teacher serving an induction period (within the meaning of section 19 of the Teaching and Higher Education Act 1998);

(e)“documents” and “records” each include information recorded in any form.

18CInspection of teacher training in Wales

(1)Her Majesty's Chief Inspector of Education and Training in Wales (“the Chief Inspector”) may inspect and report on—

(a)any initial training of teachers, or specialist teaching assistants, for schools, or

(b)any in-service training of such teachers or assistants,

which is provided by a training provider in Wales.

(2)When asked to do so by the National Assembly for Wales, the Chief Inspector must—

(a)give advice to the Assembly on such matters connected with training falling within subsection (1)(a) or (b) as may be specified in the Assembly's request;

(b)inspect and report on such one or more relevant training providers as may be so specified.

(3)The Chief Inspector may at any time give advice to—

(a)the Assembly,

(b)a funding agency, or

(c)the General Teaching Council for Wales,

on any matter connected with training falling within subsection (1)(a) or (b).

(4)The Chief Inspector may—

(a)make such reports of inspections carried out by him under this section as he considers appropriate, and

(b)arrange for any such report to be published in such manner as he considers appropriate,

and subsections (2) to (4) of section 29 of the 2005 Act (publication of inspection reports) apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.

(5)When inspecting a training provider under this section, the Chief Inspector has at all reasonable times—

(a)a right of entry to the premises of the training provider, and

(b)a right to inspect, and take copies of, any records kept by the training provider, and any other documents containing information relating to the training provider, which he considers relevant to the exercise of his functions under this section;

and section 58 of the 2005 Act (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of the 2005 Act.

(6)Without prejudice to subsection (5), a training provider to which an inspection under this section relates—

(a)must give the Chief Inspector all assistance in connection with the exercise of his functions under this section which he is reasonably able to give, and

(b)must secure that all such assistance is also given by persons who work for the training provider.

(7)The Chief Inspector may not carry out any inspection under subsection (1) unless—

(a)at least eight weeks previously, he has given notice of his intention to carry out the inspection—

(i)to the training provider concerned, or

(ii)where the training is provided by a partnership or association of training providers, to one of those training providers, or

(b)with the agreement of that training provider or (as the case may be) one of those training providers, he has given it shorter notice of that intention.

(8)Any notice under subsection (7)—

(a)must be given in writing, and

(b)may be sent by post;

and any such notice may (without prejudice to any other lawful method of giving it) be addressed to a training provider at any address which the training provider has notified to a funding agency as its address.

(9)Nothing in this section confers any right or imposes any duty, whether as regards the carrying out of any inspection or otherwise, in relation to any course which consists of instruction given wholly or mainly for purposes other than training falling within subsection (1)(a) or (b).

(10)Any reference in this section to the Chief Inspector is to be read, in relation to any inspection which he is authorised or required to carry out under this section, as including a reference to any person authorised to act on his behalf under paragraph 5(1) or (2) of Schedule 2 to the 2005 Act.

(11)Nothing in this section is to be taken as prejudicing the generality of sections 20 to 23 of, or paragraph 5(1) or (2) of Schedule 2 to, the 2005 Act.

(12)In this section—

(a)“the 2005 Act” means the Education Act 2005;

(b)“funding agency” means the Higher Education Funding Council for Wales or the Training and Development Agency for Schools;

(c)“training provider” has the same meaning as in Part 3 of the 2005 Act;

(d)“relevant training provider” means any training provider who provides training falling within subsection (1)(a) or (b);

(e)“in-service training” includes any training provided to a teacher serving an induction period (within the meaning of section 19 of the Teaching and Higher Education Act 1998);

(f)“documents” and “records” each include information recorded in any form.”

14E+WIn section 19 of the Education Act 1994 (interpretation)—

(a)omit subsections (1) to (4), and

(b)in subsection (5), for “Other expressions, if” substitute “ Expressions ”.

15E+WOmit Schedule 1 to the Education Act 1994.

Education Act 1996 (c. 56)E+W

16(1)Section 398 of the Education Act 1996 (no requirements of attendance at Sunday school etc.) is amended as follows.E+W

(2)In paragraph (b) for “teacher training” substitute “ any training for members of the school workforce ”.

(3)Renumber the section as so amended as subsection (1), and at the end insert—

“(2)In subsection (1)(b), the reference to training for members of the school workforce is to be read in accordance with sections 75(5) and 96(1) of the Education Act 2005.”

17(1)Section 450 of the Education Act 1996 (prohibition of charges for admission) is amended as follows.E+W

(2)In subsection (2), for paragraph (c) substitute—

“(c)training for members of the school workforce.”

(3)After that subsection insert—

“(3)In subsection (2)(c), the reference to training for members of the school workforce is to be read in accordance with sections 75(5) and 96(1) of the Education Act 2005.”

Audit Commission Act 1998 (c. 18)E+W

F4718E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47Sch. 14 para. 18 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)

Teaching and Higher Education Act 1998 (c. 30)E+W

19(1)Section 26 of the Teaching and Higher Education Act 1998 (which relates to the imposition of conditions as to fees at higher education institutions and is to be repealed by the Higher Education Act 2004 (c. 8)) is amended as follows.E+W

(2)In subsection (3)—

(a)for “section 7(1) of the 1994 Act” substitute “ section 81(1), 82(1) or 88(1) of the 2005 Act ”,

(b)in paragraph (c), for “Teacher Training Agency” substitute “ Training and Development Agency for Schools ”, and

(c)for “section 5 of the 1994 Act” substitute “ section 78 or 86 of the 2005 Act ”.

(3)In subsection (9)—

(a)for the definition of “the 1994 Act” substitute—

““the 2005 Act” means the Education Act 2005;”,

(b)after the definition of “course” insert—

““governing body”, in relation to a training provider within the meaning of Part 3 of the 2005 Act who would not apart from this subsection be regarded as an institution, means the training provider;

“institution” includes any training provider within the meaning of Part 3 of the 2005 Act (whether or not the training provider would apart from this subsection be regarded as an institution);”.

(4)In subsection (11)—

(a)for “the 1994 Act” substitute “ the 2005 Act ”, and

F48(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

20(1)In section 28(1) of the Teaching and Higher Education Act 1998 (interpretation of Chapter 1 of Part 2), in the definition of “publicly-funded institution” (which is to be repealed by the Higher Education Act 2004 (c. 8)), for “section 5 of the Education Act 1994” substitute “ section 78 or 86 of the Education Act 2005 ”.E+W

(2)In section 28(1) of the 1998 Act, references to an institution in that definition and in the definition of “fees” (which is also to be repealed by the Higher Education Act 2004 (c. 8)) are to be read in accordance with section 26(9) of the 1998 Act as amended by paragraph 19(3)(b) of this Schedule.

(3)In sub-paragraph (2), “the 1998 Act” means the Teaching and Higher Education Act 1998 (c. 30).

Government of Wales Act 1998 (c. 38)E+W

21(1)Section 145B of the Government of Wales Act 1998 (studies at request of educational bodies) is amended as follows.E+W

(2)In the Table in subsection (1) for the entry relating to the governing body of an institution in Wales receiving financial support under Part 1 of the Education Act 1994 substitute—

“The governing body of an institution in Wales receiving financial support under section 86 of the Education Act 2005 from the Higher Education Funding Council for Wales.The governing body or the Higher Education Funding Council for Wales
A training provider (within the meaning of Part 3 of the Education Act 2005) receiving financial support under section 78 of that Act from the Training and Development Agency for Schools, except where that financial support is wholly derived from grants made to the Agency by the Secretary of State.The training provider or the Training and Development Agency for Schools.”

F49(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Freedom of Information Act 2000 (c. 36)E+W

F5022E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Education Act 2002 (c. 32)E+W

23(1)Section 14 of the Education Act 2002 (power of Secretary of State and Assembly to give financial assistance for purposes related to education or childcare) is amended as follows.E+W

(2)After subsection (2) insert—

“((2ZA))In subsection (2)(g), “training for teachers or for non-teaching staff” includes—

(a)any training or education (whether or not constituting higher education) with the object of fitting persons to be teachers or non-teaching staff, or better teachers or non-teaching staff, and

(b)any assessment related to the award of a qualification or status to teachers or non-teaching staff, or prospective teachers or non-teaching staff.”

(3)In the definition of “education” in subsection (3), after “but” insert “ , except in subsection (2ZA)(a), ”.

F5124E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Higher Education Act 2004 (c. 8)E+W

F5225E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52Sch. 14 para. 25 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 32; S.I. 2012/924, art. 2

F5326E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 14 paras. 26-35 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 31(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 17, 18)

F5427E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54Sch. 14 paras. 27-29 omitted (1.9.2015) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 22; S.I. 2015/1327, art. 5(s)(iv)

F5528E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55Sch. 14 paras. 27-29 omitted (1.9.2015) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 22; S.I. 2015/1327, art. 5(s)(iv)

F5629E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Sch. 14 paras. 27-29 omitted (1.9.2015) by Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 22; S.I. 2015/1327, art. 5(s)(iv)

F5330E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 14 paras. 26-35 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 31(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 17, 18)

F5331E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 14 paras. 26-35 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 31(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 17, 18)

F5732E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Sch. 14 paras. 32-34 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 32; S.I. 2012/924, art. 2

F5733E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Sch. 14 paras. 32-34 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 32; S.I. 2012/924, art. 2

F5734E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Sch. 14 paras. 32-34 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 32; S.I. 2012/924, art. 2

F5335E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 14 paras. 26-35 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 31(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 17, 18)

36E+WIn section 48 of the Higher Education Act 2004 (c. 8) (general interpretation)—

(a)omit the definition of “the 1994 Act”, and

(b)after the definition of “the 1998 Act” insert—

““the 2005 Act” means the Education Act 2005;”.

Section 99

F58SCHEDULE 15E+WTransitional and transitory provisions relating to Part 3

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

Textual Amendments

Section 101

SCHEDULE 16E+WFunding of maintained schools

1E+WIn this Schedule “the 1998 Act” means the School Standards and Framework Act 1998 (c. 31).

Commencement Information

I46Sch. 16 para. 1 partly in force; Sch. 16 para. 1 not in force at Royal Assent see s. 125; Sch. 16 para. 1 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

I47Sch. 16 para. 1 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(d)

Power to provide for budgets to relate to period other than financial yearE+W

2(1)Section 45 of the 1998 Act (maintained schools to have budget shares) is amended as follows.E+W

(2)In subsection (1) for “financial year” substitute “ funding period ”.

(3)After subsection (1A) insert—

“(1B)In this Chapter “funding period” means a financial year or such other period as may be prescribed.”

(4)In subsection (2)—

(a)for “45A and” substitute “ 45A to ”, and

(b)for “financial year” substitute “ funding period ”.

Commencement Information

I48Sch. 16 para. 2 partly in force; Sch. 16 para. 2 not in force at Royal Assent see s. 125; Sch. 16 para. 2 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

I49Sch. 16 para. 2 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(d)

Determination of budgetsE+W

3(1)Section 45A of the 1998 Act (determination of specified budgets of [F9local authority]) is amended as follows.E+W

(2)In subsection (1)—

(a)for “financial year” substitute “ relevant period ”, and

(b)for “that year” substitute “ that period ”.

(3)After subsection (1) insert—

“(1A)In subsection (1) “relevant period” means a financial year or such other period as may be prescribed.”

(4)In subsection (2)—

(a)for “financial year” substitute “ funding period ”, and

(b)for “that year” substitute “ that period ”.

(5)After that subsection insert—

“(2A)The amount referred to in subsection (2) includes the amount of any grant which is appropriated, for meeting the expenditure mentioned in that subsection, in accordance with a condition which—

(a)is imposed under section 16 of the Education Act 2002 (terms on which assistance under section 14 of that Act is given) or any other enactment, and

(b)requires that the grant be applied as part of the authority's schools budget for the funding period.”

(6)In subsection (3)—

(a)for “financial year” substitute “ funding period ”, and

(b)for “that year” (in both places) substitute “ that period ”.

(7)After subsection (4) insert—

“(4A)Regulations under subsection (3) may also make provision—

(a)enabling any expenditure falling outside any classes or descriptions of expenditure prescribed by virtue of subsection (4)(a) to be deducted from the authority's schools budget if the deduction of such expenditure is authorised, on the application of the authority, by the authority's schools forum or the Secretary of State, and

(b)enabling any limit or condition that would otherwise apply by virtue of subsection (4)(b)(i) or (ii) to be varied or excluded, on the application of the authority, by the authority's schools forum or the Secretary of State.”

(8)Omit subsections (5) and (6).

Textual Amendments

Commencement Information

I50Sch. 16 para. 3 partly in force; Sch. 16 para. 3 not in force at Royal Assent see s. 125; Sch. 16 para. 3 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

I51Sch. 16 para. 3 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(d)

4E+WAfter section 45A insert—

“45AAPower to require [F22local authorities] in England to determine schools budget

(1)Regulations may require a [F9local authority] in England, not later than the prescribed date, to make an initial determination of their schools budget for a funding period.

(2)The date prescribed for the purposes of subsection (1) may be a date falling up to 48 months before the beginning of the funding period.

(3)Regulations under subsection (1) may—

(a)authorise or require [F9local authorities] in England to take account of matters arising after the initial determination of their schools budgets for any funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and

(b)require notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the [F9local authority].

45ABDuty of [F22local authorities] in Wales to determine schools budget

(1)Before the schools budget deadline in any funding period, a [F9local authority] in Wales must—

(a)determine the proposed amount of their schools budget for the following funding period, and

(b)give notice of their determination to the National Assembly for Wales and to the governing body of every school maintained by the authority.

(2)For the purposes of this section “the schools budget deadline”, in relation to an authority in Wales, means the end of January or such other time as may be prescribed.

45ACPower to require [F22local authorities] in Wales to determine schools budget

(1)Regulations may require a [F9local authority] in Wales, not later than the prescribed date, to make an initial determination of their schools budget for a funding period.

(2)The date prescribed for the purposes of subsection (1) may be a date falling up to 48 months before the beginning of the funding period.

(3)Regulations under subsection (1) may—

(a)authorise or require [F22local authorities] in Wales to take account of matters arising after the initial determination of their schools budgets for the funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and

(b)require notice of any initial determination or revised determination to be given in accordance with the regulations to the Assembly and to the governing bodies of schools maintained by the [F9local authority].

(4)Regulations under subsection (1) are not to have effect in relation to an authority's schools budget for any funding period if section 45AB is in force in relation to that funding period.”

Textual Amendments

Commencement Information

I52Sch. 16 para. 4 partly in force; Sch. 16 para. 4 not in force at Royal Assent see s. 125; Sch. 16 para. 4 in force for E. for certain purposes at 1.11.2005 by S.I. 2005/2034, art. 8

I53Sch. 16 para. 4 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(d)

5E+WFor sections 45B and 45C of the 1998 Act substitute—

“45BPower of Assembly to set minimum schools budget for [F22local authority] in Wales

(1)If it appears to the National Assembly for Wales that, in all the circumstances, the proposed amount of a [F9local authority]'s schools budget for a funding period is inadequate, the Assembly may, within the period of fourteen days beginning with the schools budget deadline in the funding period preceding that funding period, give the authority a notice under subsection (6) or (7).

(2)In subsection (1), the reference to the proposed amount of a [F9local authority]'s schools budget for a funding period is—

(a)if section 45AB is in force in relation to that funding period, a reference to the amount specified in a notice under section 45AB(1)(b), or

(b)if regulations under section 45AC(1) are in force in relation to that funding period, a reference to such amount, determined by the authority in accordance with those regulations and specified in a notice required by those regulations to be given to the Assembly, as may be prescribed.

(3)If at the schools budget deadline in any funding period, a [F9local authority] in Wales have failed to give the Assembly a notice under section 45AB(1)(b) or a notice required as mentioned in subsection (2)(b), the Assembly may, at any time after that deadline, give the authority a notice under subsection (6) or (7).

(4)In this section “the schools budget deadline”—

(a)in a case falling within subsection (2)(a), has the same meaning as in section 45AB, and

(b)in a case falling within subsection (2)(b), means the time in the funding period preceding the funding period to which the schools budget relates by which regulations under section 45AC(1) require notice of a revised determination of the schools budget to be given to the Assembly.

(5)In this section and section 45C “the period under consideration” means the funding period to which the notice mentioned in subsection (2)(a) or (b) relates or, in a case falling within subsection (3), the funding period in relation to which such a notice ought to have been given.

(6)A notice under this subsection is a notice determining the minimum amount of the authority's schools budget for the period under consideration.

(7)A notice under this subsection is a notice which—

(a)specifies the amount which the Assembly would have determined as the minimum amount of the authority's schools budget for the period under consideration if the Assembly had acted under subsection (4), and

(b)states the Assembly's intention to determine the minimum amount of the authority's schools budget for the following funding period.

(8)A notice under subsection (6) or (7) must include a statement of the Assembly's reasons for giving the notice.

(9)The Assembly may act under different subsections in relation to different authorities.

45CEffect of notice under section 45B(6)

(1)The [F9local authority] may, within the period of fourteen days beginning with the date of a notice under section 45B(6), give the National Assembly for Wales notice of their objection to the Assembly's determination, giving reasons for their objection.

(2)Where the [F9local authority] have given notice of their objection under subsection (1), the notice under section 45B(6) shall cease to have effect, but the Assembly may by order prescribe the minimum amount of the authority's schools budget for the period under consideration.

(3)The amount prescribed under subsection (2) must not be greater than the amount specified in the notice under section 45B(6).

(4)An order under subsection (2) may relate to two or more authorities.

(5)Where—

(a)a notice under section 45B(6) has been given to a [F9local authority] and no notice of objection has been given during the period specified in subsection (1), or

(b)an order has been made under subsection (2),

the [F9local authority] shall determine a schools budget for the period under consideration which is not less than the amount specified in relation to the authority in the notice or order.

45DPower of Assembly to repeal Wales-only school funding provisions

The Assembly may by order—

(a)repeal any of the following provisions—

  • section 45AB,

  • section 45AC(4), and

  • sections 45B and 45C, and

(b)make any amendments of the other provisions of this Chapter which appear to the Assembly to be necessary or expedient in consequence of any repeal made by virtue of paragraph (a).”

Textual Amendments

Commencement Information

I54Sch. 16 para. 5 partly in force; Sch. 16 para. 5 not in force at Royal Assent see s. 125; Sch. 16 para. 5 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

I55Sch. 16 para. 5 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(d)

Determination of schools' budget sharesE+W

6(1)Section 47 of the 1998 Act (determination of school's budget share) is amended as follows.E+W

(2)In subsection (1)—

(a)for “financial year” substitute “ funding period ”, and

(b)for “that year” substitute “ that period ”.

(3)In subsection (2)—

(a)after paragraph (d) insert—

“(dd)authorising or requiring such authorities to take account of matters arising after the initial determination of budget shares for a funding period but before the beginning of the funding period, by redetermining budget shares for that period in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;”,

(b)in paragraph (e) for “financial year” substitute “ funding period ” and for “year” in sub-paragraphs (i) and (ii) substitute “ funding period ”,

(c)after paragraph (f) insert—

“(ff)requiring notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the authority in question;”, and

(d)for paragraph (g) substitute—

“(g)authorising [F22local authorities] in prescribed cases to determine (or redetermine) budget shares, to such extent as may be prescribed, in accordance with arrangements approved by the authority's schools forum or the Secretary of State in accordance with the regulations (in place of the arrangements provided for by the regulations);”.

(4)After subsection (2) insert—

“(2A)The time by which regulations made in pursuance of subsection (2)(a) require an initial determination of schools' budget shares for a funding period to be made may be up to 48 months before the beginning of the funding period.”

Textual Amendments

Commencement Information

I56Sch. 16 para. 6 partly in force; Sch. 16 para. 6 not in force at Royal Assent see s. 125; Sch. 16 para. 6 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8 (with Sch. paras. 3, 4)

I57Sch. 16 para. 6 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(d)

Functions of schools forumE+W

7E+WIn section 47A of the 1998 Act (schools forums) for subsection (3) substitute—

“(3)The purpose of a schools forum is—

(a)to advise the relevant authority on such matters relating to the authority's schools budget as may be prescribed by regulations under section 45A(3) or by regulations under this subsection, and

(b)to exercise any function that may be imposed on the schools forum by virtue of section 45A(4A) or 47(2)(g).”

Commencement Information

I58Sch. 16 para. 7 partly in force; Sch. 16 para. 7 not in force at Royal Assent see s. 125; Sch. 16 para. 7 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

I59Sch. 16 para. 7 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(d)

Certain regulations to be subject to affirmative procedureE+W

8E+WIn section 138 of the 1998 Act (orders and regulations), in subsection (5) (orders and regulations that are subject to affirmative procedure) after paragraph (b) insert “or

(c)the first regulations to be made under section 45AA, or

(d)the first regulations to be made under section 47 in relation to England after the coming into force of paragraph 6 of Schedule 16 to the Education Act 2005,”.

Section 107

SCHEDULE 17E+WFoundation, voluntary and foundation special schools: disposal of land

1E+WSchedule 22 to the School Standards and Framework Act 1998 (c. 31) (disposal of land in case of certain schools and disposals on discontinuance) is amended as follows.

2(1)Paragraph 1 (disposal of land by governing body of foundation, voluntary or foundation special school) is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)at the beginning insert “ Subject to sub-paragraph (1A), ”, and

(b)in paragraph (a), after “paragraph 5(4)(c)” insert “ or 5(4B)(d) ”.

(3)After sub-paragraph (1) insert—

“(1A)This paragraph does not apply to any disposal which—

(a)is made by the governing body of a foundation or foundation special school after the commencement of this sub-paragraph, and

(b)is a disposal to the trustees of the school made on the school becoming a school with a foundation falling within section 21(1)(a).”

(4)In sub-paragraph (2), for “any such disposal” substitute “ any disposal to which this paragraph applies ”.

(5)In sub-paragraph (3), after “any such disposal” insert “ and he decides to give that consent ”.

3E+WIn paragraph 2 (disposal of land by foundation body), in sub-paragraph (3) after “any such disposal” insert “ and he decides to give that consent ”.

4E+WAfter paragraph 2 insert—

“Disposal of land by trustees of foundation school or foundation special schoolE+W

2A(1)This paragraph applies to any disposal by the trustees of a foundation or foundation special school of—

(a)any land acquired under paragraph 2 of Schedule 3, under paragraph 16 of Schedule 6 (including that provision as applied by any enactment), under paragraph 5(4B)(d) of this Schedule or under any regulations made under paragraph 5 of Schedule 8,

(b)any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired as mentioned in paragraph (a), or

(c)any land falling within sub-paragraph (2) which was acquired by the trustees from the governing body of the school or of another foundation or foundation special school.

(2)Land falls within this sub-paragraph if—

(a)it had been acquired by the governing body—

(i)under a transfer under section 201(1)(a) of the Education Act 1996, or

(ii)under any of the provisions mentioned in sub-paragraph (1)(a), or

(b)it had been acquired by the governing body, or enhanced in value, wholly or partly with the proceeds of disposal of land acquired as mentioned in paragraph (a).

(3)The trustees shall not make any disposal to which this paragraph applies without the written consent of the Secretary of State.

(4)Where the trustees apply to the Secretary of State for his consent to any such disposal and he decides to give that consent, he may do one or more of the following, namely—

(a)require the land or any part of the land to be transferred to such local authority as he may specify, subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate; and

(b)give the trustees, when the land or any part of the land is disposed of—

(i)a direction to pay to such local authority as he may specify the whole or any part of the proceeds of the disposal; and

(ii)a direction as to the use to which the whole or any part of the proceeds of disposal should be put.

(5)More than one direction may be given under sub-paragraph (4)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.

(6)Where the trustees of a foundation or foundation special school wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools—

(a)the preceding provisions of this paragraph shall apply as if any such change of use of the land were a disposal of the land; and

(b)the value of the land as at the date of any direction under sub-paragraph (4)(b)(i) or (ii) shall be treated as proceeds of the disposal of the land.”

5(1)Paragraph 3 (disposal of land by trustees of foundation, voluntary or foundation special school) is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)at the beginning insert “ Subject to sub-paragraph (2A), ”, and

(b)in paragraph (a), after “enactment)” insert “ , under paragraph 5(4B)(d) of this Schedule ”.

(3)After sub-paragraph (2) insert—

“(2A)Nothing in sub-paragraph (1) applies in relation to any disposal to the extent that it is a disposal to which paragraph 2A applies.”

6(1)Paragraph 5 (discontinuance of foundation, voluntary and foundation special schools: land) is amended as follows.E+W

(2)After sub-paragraph (4) insert—

“(4A)Where the school is a foundation or foundation special school which has a foundation, the trustees of the school shall apply to the Secretary of State for him to exercise his powers under sub-paragraph (4B) in relation to any land falling within paragraph 2A(1)(a), (b) or (c) which is held by the trustees for the purposes of the school.

(4B)On an application under sub-paragraph (4A), the Secretary of State may do one or more of the following, namely—

(a)make any such requirement as is mentioned in paragraph 2A(4)(a);

(b)where the trustees have power to use the land for the purposes of another foundation or foundation special school or for the purposes of a voluntary school, direct the trustees to exercise that power in such manner as he may specify;

(c)direct the trustees to pay to such local authority as he may specify the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph (4A); and

(d)in a case where the discontinuance of the school is connected with proposals under any enactment to establish, or to make a prescribed alteration to, any other school or schools, require the land or any part of the land to be transferred—

(i)to the trustees, foundation body or governing body of such maintained school as he may specify, or

(ii)to the trustees, foundation body or temporary governing body of such new school as he may specify.”

(3)In sub-paragraph (5)—

(a)for “or foundation body” substitute “ , foundation body or trustees ”,

(b)for “(2) or (3)” substitute “ (2), (3) or (4A) ”, and

(c)for “(4)” substitute “ (4) or (4B), as the case may be ”.

(4)In sub-paragraph (6)(a), after “falling within paragraph 3(1) or (2)” insert “ but not within paragraph 2A(1)(a), (b) or (c) ”.

Section 117

SCHEDULE 18E+WFurther amendments related to provisions of Part 4

Children Act 1989 (c. 41)E+W

1E+WIn section 36 of the Children Act 1989 (education supervision orders), in subsection (5) for paragraph (b) substitute—

“(b)is not attending regularly within the meaning of section 444 of that Act—

(i)a school at which he is a registered pupil,

(ii)any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA of that Act, or

(iii)any place which he is required to attend in the circumstances mentioned in subsection (2) of that section,”.

Commencement Information

I60Sch. 18 para. 1 wholly in force at 1.9.2006; Sch. 18 para. 1 not in force at Royal Assent see s. 125; Sch. 18 para. 1 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 18 para. 1 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Education Act 1996 (c. 56)E+W

2E+WIn section 317 of the Education Act 1996 (duties of governing body or [F9local authority] in relation to pupils with special educational needs), for subsections (5) to (7A) substitute—

“(5)The governing body of a community, foundation or voluntary school, a maintained nursery school, or a community or foundation special school shall—

(a)in the case of a school in England, prepare a report containing special needs information, and

(b)in the case of a school in Wales, include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report).

(6)In subsection (5) “special needs information” means—

(a)such information as may be prescribed about the implementation of the governing body's policy for pupils with special educational needs, and

(b)information as to—

(i)the arrangements for the admission of disabled persons as pupils at the school,

(ii)the steps taken to prevent disabled pupils from being treated less favourably than other pupils,

(iii)the facilities provided to assist access to the school by disabled pupils, and

(iv)the plan prepared by the governing body under section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”).

(6A)In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 1995 Act; and section 28Q of the 1995 Act (interpretation) applies for the purposes of subsection (6)(b) as it applies for the purposes of Chapter 1 of Part 4 of that Act.”

Textual Amendments

Modifications etc. (not altering text)

3E+WIn section 444A of the Education Act 1996 (penalty notice in respect of failure to secure attendance at school of registered pupil), in subsection (1), for paragraph (b) substitute—

“(b)that the offence relates—

(i)to a relevant school in England,

(ii)in a case falling within subsection (1) of section 444ZA, to a place at which education is provided by a [F9local authority] in England, or

(iii)in a case falling within subsection (2) of that section, to a place at which a child is required to attend by the appropriate authority (within the meaning of that section) for a relevant school in England,”.

Textual Amendments

4E+WThe references in section 23(9) and (10) of the Anti-social Behaviour Act 2003 (c. 38) to section 444A of the Education Act 1996 are to be read as references to that section as amended by paragraph 3 of this Schedule.

5(1)Section 494 of the Education Act 1996 (recoupment: excluded pupils) is amended as follows.E+W

(2)In subsections (1), (2) and (3), for “financial year” substitute “ funding period ”.

(3)After subsection (5) insert—

“(6)In this section “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.”

Commencement Information

I61Sch. 18 para. 5 partly in force; Sch.18 para. 5 not in force at Royal Assent see s. 125; Sch. 18 para. 5 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

I62Sch. 18 para. 5 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(e)

6E+WIn section 566 of the Education Act 1996 (evidence: documents), after subsection (2) insert—

“(3)Where a child of compulsory school age is required to attend at—

(a)any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA, or

(b)any place in the circumstances mentioned in subsection (2) of that section,

subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).”

Commencement Information

I63Sch. 18 para. 6 wholly in force at 1.9.2006; Sch. 18 para. 6 not in force at Royal Assent see s. 125; Sch. 18 para. 6 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 18 para. 6 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

School Standards and Framework Act 1998 (c. 31)E+W

7E+WIn section 48 of the School Standards and Framework Act 1998 ([F22local authorities]' financial schemes) in subsection (2)(a) for “financial year” substitute “ funding period ”.

Textual Amendments

Commencement Information

I64Sch. 18 para. 7 partly in force; Sch.18 para. 7 not in force at Royal Assent see s. 125; Sch. 18 para. 7 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8;

I65Sch. 18 para. 7 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(e)

8E+WIn section 50 of the School Standards and Framework Act 1998 (effect of financial delegation) in subsection (1)—

(a)for “financial year” substitute “ funding period ”,

(b)for “that year” substitute “ that period ”, and

(c)in paragraphs (a) and (b) for “year”, wherever occurring, substitute “ period ”.

Commencement Information

I66Sch. 18 para. 8 partly in force; Sch.18 para. 8 not in force at Royal Assent see s. 125; Sch. 18 para. 8 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

I67Sch. 18 para. 8 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(e)

9E+WIn section 51A of the School Standards and Framework Act 1998 (expenditure incurred for community purposes) in subsection (2) for “financial year” substitute “ funding period ”.

Commencement Information

I68Sch. 18 para. 9 partly in force; Sch.18 para. 9 not in force at Royal Assent see s. 125; Sch. 18 para. 9 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

I69Sch. 18 para. 9 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(e)

10(1)Section 52 of the School Standards and Framework Act 1998 (financial statements) is amended as follows.E+W

(2)In subsection (1)—

(a)for “financial year” substitute “ prescribed period ”, and

(b)for “that year” substitute “ that period ”.

(3)After subsection (1) insert—

“(1A)The periods prescribed for the purposes of subsection (1)—

(a)must consist of one or more funding periods, and

(b)may include funding periods in respect of which (by virtue of their inclusion in one or more earlier periods prescribed for the purposes of that subsection) information relating to planned expenditure has previously been required under that subsection.”

(4)In subsection (2)—

(a)for “financial year” substitute “ prescribed period ”, and

(b)in paragraphs (a) to (d), for “year” substitute “ period ”.

(5)After subsection (2A) insert—

“(2B)The periods prescribed for the purposes of subsection (2) must consist of one or more funding periods.”

Commencement Information

I70Sch. 18 para. 10 partly in force; Sch.18 para. 10 not in force at Royal Assent see s. 125; Sch. 18 para. 10 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

11(1)In Schedule 15 to the School Standards and Framework Act 1998 (suspension of financial delegation), paragraph 2 is amended as follows.E+W

(2)In sub-paragraph (1)(a)—

(a)for “financial year” substitute “ funding period ”, and

(b)for “that year” substitute “ that period ”.

(3)In sub-paragraph (3), for “financial year”, in both places where it occurs, substitute “ funding period ”.

Commencement Information

I71Sch. 18 para. 11 partly in force; Sch.18 para. 11 not in force at Royal Assent see s. 125; Sch. 18 para. 11 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8;

I72Sch. 18 para. 11 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(e)

Learning and Skills Act 2000 (c. 21)E+W

12(1)Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms: England) is amended as follows.E+W

(2)In subsection (1)(a), for “financial year” substitute “ funding period ”.

(3)For subsection (3) substitute—

“(3)In this section—

“funding period” means a financial year or, if some other period is prescribed in relation to England under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period;

“schools budget” has the same meaning as in Part 2 of that Act (framework for maintained schools).”

Commencement Information

I73Sch.18 para. 12 not in force at Royal Assent see s. 125; Sch. 18 para. 12 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8;

13(1)Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms: Wales) is amended as follows.E+W

(2)In subsection (1)(a), for “financial year” substitute “ funding period ”.

(3)For subsection (3) substitute—

“(3)In this section—

“funding period” means a financial year or, if some other period is prescribed in relation to Wales under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period;

“schools budget” has the same meaning as in Part 2 of that Act (framework for maintained schools).”

Commencement Information

I74Sch. 18 para. 13 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(e)

Education Act 2002 (c. 32)E+W

14(1)Section 37 of the 2002 Act (payments in respect of dismissal etc.) is amended as follows.E+W

(2)In subsection (4), for “financial years” substitute “ funding periods ”.

(3)In subsections (5) and (8), for “financial year” substitute “ funding period ”.

(4)For subsection (12) substitute—

“(12)In this section—

“community purposes” means the purposes of the provision of facilities or services under section 27;

“funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.”

Commencement Information

I75Sch. 18 para. 14 partly in force; Sch.18 para. 14 not in force at Royal Assent see s. 125; Sch. 14 para. 8 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

I76Sch. 18 para. 14 in force at 1.4.2010 for W. by S.I. 2010/735, art. 2(e)

Anti-social Behaviour Act 2003 (c. 38)E+W

15E+WIn section 19 of the Anti-social Behaviour Act 2003 (parenting contracts in cases of exclusion from school or truancy), in subsection (2), for the words from “a relevant” to the end substitute—

“(a)a relevant school at which he is a registered pupil,

(b)any place at which education is provided for him in the circumstances mentioned in subsection (1) of section 444ZA of the Education Act 1996, and

(c)any place at which he is required to attend in the circumstances mentioned in subsection (2) of that section.”

Commencement Information

I77Sch. 18 para. 15 wholly in force at 1.9.2006; Sch. 18 para. 15 not in force at Royal Assent see s. 125; Sch. 18 para. 15 in force for E. at 1. 9. 2005 by S.I. 2005/2034, art. 4; Sch. 18 para. 15 in force for W. at 1.9.2006 by S. I. 2006/1338, art. 3, Sch. 1

Section 123

SCHEDULE 19E+WRepeals

Part 1E+WSchool inspections

Commencement Information

I78Sch. 19 Pt. 1 partly in force; Sch. 19 Pt. 1 not in force at Royal Assent see s. 125; Sch. 19 Pt. 1 in force for certain purposes (E). at 1.9.2005 and 3.10.2005 and in force for certain purposes (E.W.) at 1.9.2005 by S.I. 2005/2034, arts. {4}, {5}, {6}; Sch. 19 Pt. 1 in force for certain purposes (W.) at 1.9.2006 and in force for certain purposes (E.W.) at 1.9.2006 and 1.4.2007 by S.I. 2006/1338, arts. {3}, {4}, {5}, Schs. 1-3

Short title and chapterExtent of repeal
Parliamentary Commissioner Act 1967 (c. 13)In Schedule 4, the entry beginning “Registered Inspectors of Schools Appeal Tribunals”.
Children Act 1989 (c. 41)

Section 79P.

In section 79Q—

  • in subsection (2), the words “or secure the inspection by a registered inspector of”,

  • in subsection (3), the words “or secure the inspection by a registered inspector of”,

  • subsection (4), and

  • subsection (7).

Section 79R(1) and (2).

In section 79T(2)(a), the words “the quality and standards of”.

Education Act 1996 (c. 56)In section 578(1), the words “the School Inspections Act 1996”.
School Inspections Act 1996 (c. 57)The whole Act.
Education Act 1997 (c. 44)

Section 42.

Schedule 6.

Teaching and Higher Education Act 1998 (c. 30)Sections 35 and 35A.
School Standards and Framework Act 1998 (c. 31)

Section 15(5).

Section 127(6)(l).

Section 134(1).

Section 135.

In Schedule 26—

  • paragraph 2(4),

  • in paragraph 8, in sub-paragraph (1), the words from the beginning to “England, and” and in sub-paragraph (5) the words “England and”,

  • paragraph 9(5),

  • paragraph 10(1A).

Part 1 of Schedule 28.

In Schedule 30, paragraphs 190 to 206.

Protection of Children Act 1999 (c. 14)Section 9(2)(ca).
Learning and Skills Act 2000 (c. 21)

Section 81.

In Schedule 7, paragraphs 9 and 14.

In Schedule 9, paragraphs 65 to 68.

Education Act 2002 (c. 32)

Section 54.

Section 56(2).

In section 171, the definition of “registered inspector”.

Section 179.

Section 188.

In Schedule 7, paragraph 7.

In Schedule 14, paragraphs 1 and 5 to 7.

Schedule 16.

In Schedule 21, paragraph 59 to 68.

Part 2E+WSchool organisation

Commencement Information

I79Sch. 19 Pt.2 partly in force; Sch. 19 Pt. 2 not in force at Royal Assent see s. 125; Sch. 19 Pt. 2 in force for certain purposes at 1.9.2006 by S.I. 2006/2129, art. 4

Short title and chapterExtent of repeal
School Standards and Framework Act 1998

In section 28, subsection (1A), in subsection (2) the words “(otherwise than pursuant to a notice under section 70 of the Education Act 2002)”, and subsection (4).

In Schedule 6, paragraph 4(3)(d).

In Schedule 7—

  • paragraph 2(5),

  • paragraph 3(5),

  • in paragraph 4, sub-paragraphs (1) to (6) and, in sub-paragraph (7), the words “(whether relating to an area in England or in Wales)”,

  • paragraph 5(3),

  • paragraphs 6 to 10, and

  • paragraph 16.

In Schedule 30, paragraphs 59 and 145(a).

Education Act 2002 (c. 32)

Sections 70 and 71.

Section 74.

In Schedule 8, paragraphs 1 to 8 and 9(1).

In Schedule 21, paragraph 97.

Part 3E+WTraining the school workforce

Short title and chapterExtent of repeal
Public Records Act 1958 (c. 51)In Schedule 1, in Part 2 of the Table at the end of paragraph 3, the entry relating to the Teacher Training Agency.
Parliamentary Commissioner Act 1967 (c. 13)In Schedule 2, the entry relating to the Teacher Training Agency.
House of Commons Disqualification Act 1975 (c. 24)In Schedule 1, in Part 3, the entry “Any member of the Teacher Training Agency in receipt of remuneration”.
Education (No. 2) Act 1986 (c. 61)Section 50.
Education Act 1994 (c. 30)

Sections 1 to 11.

Sections 12 to 17.

Section 19(1) to (4).

In section 23, in subsections (1) and (2), the words “Part I or” and subsection (3).

Schedule 1.

In Schedule 2, paragraphs 1, 3 and 4.

Education Act 1996 (c. 56)In Schedule 37, paragraph 65.
Teaching and Higher Education Act 1998 (c. 30)Section 20.
School Standards and Framework Act 1998 (c. 31)In Schedule 30, paragraph 54.
Learning and Skills Act 2000 (c. 21)In Schedule 9, paragraph 48.
Freedom of Information Act 2000 (c. 36)In Schedule 1, the entry relating to the Teacher Training Agency.
Special Educational Needs and Disability Act 2001 (c. 10)Section 40(2).
Education Act 2002 (c. 32)In Schedule 21, paragraph 25.
Higher Education Act 2004 (c. 8)In section 48, the definition of “the 1994 Act”.

Part 4E+WRepeals relating to Part 4

Commencement Information

I80Sch. 19 Pt. 4 in force at 1.4.2010 for specified purposes for W. by S.I. 2010/735, art. 2(f)

I81Sch. 19 Pt. 4 partly in force; Sch. 19 Pt. 4 not in force at Royal Assent see s. 125; Sch. 19 Pt. 4 in force for E. W. for certain purposes at 1.9.2005 and in force for E. for certain purposes at 3.10.2005 by S.I. 2005/2034, arts. {5}, {8} (with Sch. Pt. 2 para. 2)

Short title and chapterExtent of repeal
School Standards and Framework Act 1998 (c. 31)Section 45A(5) and (6).
Special Educational Needs and Disability Act 2001 (c. 10)

Section 14(2).

In Schedule 8, paragraph 5.

Education Act 2002 (c. 32)

Section 41(2).

Section 42.

In Schedule 21, paragraphs 39(5), 124(3) and 125(3).

Local Government Act 2003 (c. 26)In Schedule 7, paragraph 66.

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