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Education Act 1997

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Education Act 1997 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. Help about Changes to Legislation

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  • Pt. 6 Ch. 1 heading words inserted by 2022 asc 1 Sch. 4 para. 9(2)
  • s. 24(4) word substituted by 2008 c. 25 s. 161(4) (This amendment not applied to legislation.gov.uk. S. 161(3)(4)(11)-(13) repealed (1.4.2010 for E., 1.11.2010 for W.) without ever being in force by 2009 c. 22, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2)
  • s. 24(4) words substituted by 2008 c. 25 s. 163(1) (This amendment not applied to legislation.gov.uk. S. 163 repealed (1.4.2010 for E., 1.11.2010 for W.) without ever being in force by 2009 c. 22, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2)
  • s. 26A(2) words substituted by 2008 c. 25 s. 161(12) (This amendment not applied to legislation.gov.uk. S. 161(3)(4)(11)-(13) repealed (1.4.2010 for E., 1.11.2010 for W.) without ever being in force by 2009 c. 22, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2)
  • s. 38 modified by 2006 c. 21 s. 14 (This amendment not applied to legislation.gov.uk. S. 14 repealed (25.5.2007) by 2006 c. 40, Sch. 14 para. 9, Sch. 18; S.I. 2007/935 art. 7)
  • s. 38 heading words inserted by 2022 asc 1 Sch. 4 para. 9(3)(f)
  • s. 38(1) words inserted by 2022 asc 1 Sch. 4 para. 9(3)(a)(ii)
  • s. 38(1)(b) words substituted by 2022 asc 1 Sch. 4 para. 9(3)(a)(i)
  • s. 38(3) words substituted by 2022 asc 1 Sch. 4 para. 9(3)(c)
  • s. 38(4) words substituted by 2022 asc 1 Sch. 4 para. 9(3)(d)
  • s. 38(6) words inserted by 2022 asc 1 Sch. 4 para. 9(3)(e)
  • s. 39(1)(a) word omitted by 2022 asc 1 Sch. 4 para. 9(4)(a)
  • s. 43(3) words substituted by 2009 c. 22 s. 250(3) (This amendment not applied to legislation.gov.uk. S. 250 omitted (1.9.2012) by virtue of 2011 c. 21, s. 29(9)(d); S.I. 2012/1087, art. 3)
  • s. 43(6) words inserted by 2009 c. 22 s. 250(4) (This amendment not applied to legislation.gov.uk. S. 250 omitted (1.9.2012) by virtue of 2011 c. 21, s. 29(9)(d); S.I. 2012/1087, art. 3)
  • s. 58(6) words substituted by 2008 c. 25 s. 163(2) (This amendment not applied to legislation.gov.uk. S. 163 repealed (1.4.2010 for E., 1.11.2010 for W.) without ever being in force by 2009 c. 22, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2)
  • Sch. 7 para. 23 omitted by 2018 anaw 2 Sch. 1 para. 6(a)
  • Sch. 7 para. 24 omitted by 2018 anaw 2 Sch. 1 para. 6(a)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 24(2)(ga) inserted by 2008 c. 25 s. 161(3)(b) (This amendment not applied to legislation.gov.uk. S. 161(3)(4)(11)-(13) repealed (1.4.2010 for E., 1.11.2010 for W.) without ever being in force by 2009 c. 22, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2)
  • s. 24(2B)-(2D) inserted by 2008 c. 25 s. 9 (This amendment not applied to legislation.gov.uk. S. 9 repealed (31.5.2013) without ever being in force by 2009 c. 22 Sch. 16 Pt. 4; S.I. 2013/975, art. 2(c))
  • s. 26A(1) (1A) substituted for s. 26A(1) by 2008 c. 25 s. 161(11) (This amendment not applied to legislation.gov.uk. S. 161(3)(4)(11)-(13) repealed (1.4.2010 for E., 1.11.2010 for W.) without ever being in force by 2009 c. 22, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2)
  • s. 26A(4) (5) inserted by 2008 c. 25 s. 161(13) (This amendment not applied to legislation.gov.uk. S. 161(3)(4)(11)-(13) repealed (1.4.2010 for E., 1.11.2010 for W.) without ever being in force by 2009 c. 22, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2)
  • s. 38(2B) inserted by 2022 asc 1 Sch. 4 para. 9(3)(b)
  • s. 39(1)(b)(c) substituted for s. 39(1)(b) by 2022 asc 1 Sch. 4 para. 9(4)(b)
  • s. 43(2ZA) (2ZB) inserted by 2009 c. 22 s. 250(2) (This amendment not applied to legislation.gov.uk. S. 250 omitted (1.9.2012) by virtue of 2011 c. 21, s. 29(9)(d); S.I. 2012/1087, art. 3)

  1. Introductory Text

  2. Part I Assisted places scheme

    1. 1. Assisted places scheme

  3. Part II School discipline

    1. Responsibility for discipline

      1. 2. School discipline

      2. 3. School discipline

    2. Power to restrain pupils

      1. 4. Power of members of staff to restrain pupils.

    3. Detention

      1. 5. Detention outside school hours lawful despite absence of parental consent.

    4. Exclusion of pupils from school

      1. 6. School discipline

      2. 7. School discipline

      3. 8. School discipline

    5. LEA plans

      1. 9.LEA plans relating to children with behavioural difficulties.

  4. Part III School admissions

    1. Chapter I County and voluntary schools

      1. Partially-selective schools

        1. 10. School admissions

      2. Children permanently excluded from two or more schools

        1. 11. School admissions

        2. 12. School admissions

      3. Home-school partnership documents

        1. 13. School admissions

    2. Chapter II Grant-maintained schools

      1. 14. School admissions

  5. Part IV Baseline assessments and pupils’ performance

    1. Chapter I Introductory. In this Chapter— “baseline assessment scheme” means a scheme designed...

      1. 15. Introductory.

      2. 16. Adoption of baseline assessment schemes.

      3. 17. Assessment of pupils in accordance with scheme.

      4. 18. Regulations for purposes of this Chapter.

    2. Chapter II Pupils’ performance

      1. 19. School performance targets.

      2. 20. Provision of information about individual pupils’ performance.

  6. Part V Supervision of curriculum for schools and external qualifications

    1. Chapter I The Qualifications and Curriculum Authority

      1. Establishment of the Authority

        1. 21. The Qualifications and Curriculum Authority.

      2. Functions of the Authority

        1. 22. General function of Authority to advance education and training.

        2. 23. Functions of the Authority in relation to curriculum and assessment.

        3. 24. Functions of the Authority in relation to external vocational and academic qualifications.

        4. 25. Other functions of the Authority.

        5. 26. Supplementary provisions relating to discharge by Authority of their functions.

        6. 26A. Power of Authority to give directions

    2. Chapter II Functions of the National Assembly for Wales

      1. ...

        1. 27. The Qualifications, Curriculum and Assessment Authority for Wales.

      2. Functions of the National Assembly for Wales

        1. 28. General function of National Assembly for Wales to advance education and training.

        2. 29. Functions of the National Assembly for Wales in relation to curriculum and assessment.

        3. 30. Functions of the National Assembly for Wales in relation to relevant qualifications

        4. 31. Other functions of the Authority.

        5. 32. Supplementary provisions relating to discharge by the National Assembly for Wales of its functions.

        6. 32ZA.Qualifications functions of Welsh Ministers: co-operation and joint working etc.

        7. 32A. Power of Welsh Ministers to give directions

        8. 32AA.Power of Welsh Ministers to impose monetary penalties

        9. 32AB.Monetary penalties: amount

        10. 32AC.Monetary penalties: appeals

        11. 32AD.Monetary penalties: interest and recovery

        12. 32B.Power of Welsh Ministers to withdraw recognition

        13. 32BA.Costs recovery

        14. 32BB.Costs recovery: appeals

        15. 32BC.Costs: interest and recovery

        16. 32C.Surrender of recognition

    3. Chapter III Provisions supplementary to Chapters I and II

      1. Dissolution of existing bodies

        1. 33. Dissolution of existing bodies.

      2. Transfer of property and staff

        1. 34. Transfer of property.

        2. 35. Transfer of staff.

      3. Levy on bodies awarding accredited qualifications

        1. 36. Levy on bodies awarding qualifications accredited by relevant body.

    4. Chapter IV Control of certain courses leading to external qualifications

      1. 37. Requirement for approval of certain publicly-funded and school courses leading to external qualifications.

  7. Part VI Inspection of local authorities and school inspections

    1. Chapter I Inspection of local authorities

      1. 38. Inspection of local authorities .

      2. 39. Reports of inspections under s. 38 and action plan by local authority

      3. 40. Inspector’s rights of entry etc.

      4. 41. Inspections involving collaboration of Audit Commission.

      5. 41A.Inspections involving collaboration of Auditor General for Wales

    2. Chapter II School Inspections

      1. 42. Miscellaneous amendments relating to school inspections.

  8. Part VII Careers education and guidance

    1. 42A.Provision of careers guidance in schools in England

    2. 42B.Information about technical education: access to English schools

    3. 43. Provision of careers education for certain persons: Wales

    4. 44. Schools and other institutions in Wales to co-operate with careers advisers.

    5. 45. Provision of careers information at schools and other institutions.

    6. 45A.Guidance as to discharge of duties : schools in England

    7. 45B.Provision of curriculum information: Wales

    8. 46.Extension or modification of provisions of sections 42A to 45 .

  9. Part VIII Miscellaneous and general

    1. Exceptional educational provision

      1. 47. Functions of local authorities as regards exceptional educational provision.

    2. Management committees for pupil referral units

      1. 48. Management committees for pupil referral units.

    3. Teachers not under contract of employment and persons having access to those under 19

      1. 49. Power to make regulations: teachers not under contract of employment and persons having access to those under 19.

    4. Costs of teachers’ premature retirement

      1. 50. Miscellaneous and general

    5. Definition of “school”

      1. 51. Definition of “school”.

    6. Compulsory school age

      1. 52. Commencement of compulsory school age.

    7. General provisions

      1. 53. Stamp duty.

      2. 53A.Stamp duty land tax

      3. 54. Orders and regulations.

      4. 55. Financial provisions.

      5. 56. Construction.

      6. 57. Minor and consequential amendments, repeals etc.

      7. 58. Short title, commencement and extent etc.

  10. SCHEDULES

    1. SCHEDULE 1

    2. SCHEDULE 2

    3. SCHEDULE 3

    4. SCHEDULE 4

      The Qualifications and Curriculum Authority

      1. Status

        1. 1. The Qualifications and Curriculum Authority

      2. Powers

        1. 2. The Qualifications and Curriculum Authority

        2. 3. The Qualifications and Curriculum Authority

      3. Chief officer

        1. 4. The Qualifications and Curriculum Authority

      4. Chairman and chief officer: division of functions

        1. 5. The Qualifications and Curriculum Authority

      5. Tenure of office

        1. 6. The Qualifications and Curriculum Authority

        2. 7. The Qualifications and Curriculum Authority

        3. 8. The Qualifications and Curriculum Authority

      6. Payments to members

        1. 9. The Qualifications and Curriculum Authority

      7. Staff

        1. 10. The Qualifications and Curriculum Authority

        2. 11. The Qualifications and Curriculum Authority

      8. Finance

        1. 12. The Qualifications and Curriculum Authority

      9. Committees

        1. 13. The Qualifications and Curriculum Authority

      10. Delegation of functions

        1. 14. The Qualifications and Curriculum Authority

      11. Proceedings

        1. 15. The Qualifications and Curriculum Authority

        2. 16. The Qualifications and Curriculum Authority

        3. 17. The Qualifications and Curriculum Authority

      12. Accounts

        1. 18. The Qualifications and Curriculum Authority

      13. Documents

        1. 19. The Qualifications and Curriculum Authority

        2. 20. The Qualifications and Curriculum Authority

    5. SCHEDULE 5

      The Qualifications, Curriculum and Assessment Authority for Wales

      1. Status

        1. 1. The Qualifications, Curriculum and Assessment Authority for Wales

      2. Powers

        1. 2. The Qualifications, Curriculum and Assessment Authority for Wales

        2. 3. The Qualifications, Curriculum and Assessment Authority for Wales

      3. Chief officer

        1. 4. The Qualifications, Curriculum and Assessment Authority for Wales

      4. Tenure of office

        1. 5. The Qualifications, Curriculum and Assessment Authority for Wales

        2. 6. The Qualifications, Curriculum and Assessment Authority for Wales

        3. 7. The Qualifications, Curriculum and Assessment Authority for Wales

      5. Payments to members

        1. 8. The Qualifications, Curriculum and Assessment Authority for Wales

      6. Staff

        1. 9. The Qualifications, Curriculum and Assessment Authority for Wales

        2. 10. The Qualifications, Curriculum and Assessment Authority for Wales

      7. Finance

        1. 11. The Qualifications, Curriculum and Assessment Authority for Wales

      8. Committees

        1. 12. The Qualifications, Curriculum and Assessment Authority for Wales

      9. Delegation of functions

        1. 13. The Qualifications, Curriculum and Assessment Authority for Wales

      10. Proceedings

        1. 14. The Qualifications, Curriculum and Assessment Authority for Wales

        2. 15. The Qualifications, Curriculum and Assessment Authority for Wales

        3. 16. The Qualifications, Curriculum and Assessment Authority for Wales

      11. Accounts

        1. 17. The Qualifications, Curriculum and Assessment Authority for Wales

      12. Documents

        1. 18. The Qualifications, Curriculum and Assessment Authority for Wales

        2. 19. The Qualifications, Curriculum and Assessment Authority for Wales

    6. SCHEDULE 6

      School inspections

      1. Introductory

        1. 1. School inspections

      2. Rights of entry et ceteralaetc. for Chief Inspectors

        1. 2. School inspections

        2. 3. School inspections

      3. Removal of inspectors from register

        1. 4. School inspections

        2. 5. School inspections

      4. Inspections of closing schools

        1. 6. School inspections

      5. Publication of inspection reports

        1. 7. School inspections

      6. Computer records

        1. 8. School inspections

      7. Delegation of functions of Chief Inspectors

        1. 9. School inspections

      8. Tenders and consultation

        1. 10. School inspections

      9. Inspection teams

        1. 11. School inspections

      10. Rights of entry et ceteralaetc. for registered inspectors

        1. 12. School inspections

    7. SCHEDULE 7

      Minor and consequential amendments

      1. Public Records Act 1958 (c. 51)

        1. 1. Minor and consequential amendments

      2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        1. 2.. . . . . . . . . ....

      3. Superannuation Act 1972 (c. 11)

        1. 3.(1) In Schedule 1 to the Superannuation Act 1972, in...

      4. House of Commons Disqualification Act 1975 (c. 24)

        1. 4.(1) Part III of Schedule 1 to the House of...

      5. Local Government Finance Act 1982 (c. 32)

        1. 5. Minor and consequential amendments

      6. Finance Act 1991 (c. 31)

        1. 6. Minor and consequential amendments

      7. Charities Act 1993 (c. 10)

        1. 7.. . . . . . . . . ....

      8. Nursery Education and Grant-Maintained Schools Act 1996 (c. 50)

        1. 8. Minor and consequential amendments

      9. Education Act 1996 (c. 56)

        1. 9.(1) Section 3 of the Education Act 1996 (definition of...

        2. 10.In section 4(2) of that Act (schools: general)—

        3. 11.In section 6(1) of that Act (nursery schools), for “the...

        4. 12.In section 14(4) of that Act (functions of local authority...

        5. 13.In section 17(2) of that Act (powers of local authority...

        6. 14. Minor and consequential amendments

        7. 15. Minor and consequential amendments

        8. 16. Minor and consequential amendments

        9. 17. Minor and consequential amendments

        10. 18. Minor and consequential amendments

        11. 19. Minor and consequential amendments

        12. 20. Minor and consequential amendments

        13. 21. Minor and consequential amendments

        14. 22. Minor and consequential amendments

        15. 23.In section 312(2)(c) of that Act (meaning of “learning difficulty”...

        16. 24.In section 332(1) of that Act (duty of Health Authority...

        17. 25. Minor and consequential amendments

        18. 26.Omit sections 358 to 361 of that Act (provisions about...

        19. 27.In section 362(7) of that Act (development work and experiments)—...

        20. 28.In section 368(10) of that Act (procedure for making certain...

        21. 29.In section 391(10) of that Act (functions of advisory councils)—...

        22. 30.In section 408 of that Act (provision of information)—

        23. 31. Minor and consequential amendments

        24. 32. Minor and consequential amendments

        25. 33. Minor and consequential amendments

        26. 34. Minor and consequential amendments

        27. 35. Minor and consequential amendments

        28. 36. Minor and consequential amendments

        29. 37.In section 537(4) of that Act (power of Secretary of...

        30. 38.For the cross-heading “CORPORAL PUNISHMENT” preceding section 548 of that...

        31. 39.In section 551 of that Act (regulations as to the...

        32. 40. Minor and consequential amendments

        33. 41.In section 571 of that Act (publication of guidance)—

        34. 42.At the end of section 578 of that Act (“the...

        35. 43.In section 579(1) of that Act (general interpretation), after the...

        36. 44.In section 580 of that Act (the index) at the...

        37. 45. Minor and consequential amendments

        38. 46. Minor and consequential amendments

        39. 47. Minor and consequential amendments

        40. 48. Minor and consequential amendments

        41. 49. Minor and consequential amendments

        42. 50. Minor and consequential amendments

      10. School Inspections Act 1996 (c. 57)

        1. 51. Minor and consequential amendments

    8. SCHEDULE 8

      Repeals

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