Education Act 1997

Part I Assisted places scheme

1 Extension of assisted places scheme to schools providing only primary education.

Part II School discipline

Responsibility for discipline

2 Responsibility for discipline: LEA-maintained schools.

3 Responsibility for discipline: grant-maintained and grant-maintained special schools.

Power to restrain pupils

4 Power of members of staff to restrain pupils.

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

Exclusion of pupils from school

6 Variation of limit on fixed-period exclusions: all maintained schools.

7 Exclusion or reinstatement appeals: LEA-maintained schools.

8 Exclusion appeals: grant-maintained and grant-maintained special schools.

9LEA plans relating to children with behavioural difficulties.

Part III School admissions

Chapter I County and voluntary schools

Partially-selective schools

10 Restriction of right to refuse admission to partially-selective school.

Children permanently excluded from two or more schools

11 No requirement to admit children permanently excluded from two or more schools.

12 Appeals in the case of children permanently excluded from two or more schools.

Home-school partnership documents

13 Home-school partnership documents.

Chapter II Grant-maintained schools

14 Corresponding provisions about admissions to grant-maintained schools.

Part IV Baseline assessments and pupils’ performance

Chapter I Baseline assessments

15 Introductory.

16 Adoption of baseline assessment schemes.

17 Assessment of pupils in accordance with scheme.

18 Regulations for purposes of this Chapter.

Chapter II Pupils’ performance

19 School performance targets.

20 Provision of information about individual pupils’ performance.

Part V Supervision of curriculum for schools and external qualifications

Chapter I The Qualifications and Curriculum Authority

Establishment of the Authority

21 The Qualifications and Curriculum Authority.

Functions of the Authority

22 General function of Authority to advance education and training.

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

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

25 Other functions of the Authority.

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

26A Power of Authority to give directions

Chapter II Functions of the National Assembly for Wales

Renaming of the Authority

27 The Qualifications, Curriculum and Assessment Authority for Wales.

Functions of the National Assembly for Wales

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

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

30 Functions of the National Assembly for Wales in relation to external vocational and academic qualifications.

31 Other functions of the Authority.

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

32A Power of National Assembly for Wales to give directions

Chapter III Provisions supplementary to Chapters I and II

Dissolution of existing bodies

33 Dissolution of existing bodies.

Transfer of property and staff

34 Transfer of property.

35 Transfer of staff.

Levy on bodies awarding accredited qualifications

36 Levy on bodies awarding qualifications accredited by relevant body .

Chapter IV Control of certain courses leading to external qualifications

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

Part VI Inspection of local education authorities and school inspections

Chapter I Inspection of local education authorities

38 Inspection of LEAs.

39 Reports of inspections under s. 38 and action plan by LEA.

40 Inspector’s rights of entry etc.

41 Inspections involving collaboration of Audit Commission.

41AInspections involving collaboration of Auditor General for Wales

Chapter II School Inspections

42 Miscellaneous amendments relating to school inspections.

Part VII Careers education and guidance

43 Provision of careers education in schools.

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

45 Provision of careers information at schools and other institutions.

46 Extension or modification of provisions of ss. 43 to 45.

Part VIII Miscellaneous and general

Exceptional educational provision

47 Functions of LEAs as regards exceptional educational provision.

Management committees for pupil referral units

48 Management committees for pupil referral units.

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

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

Costs of teachers’ premature retirement

50 Recoupment by local education authority of costs of teachers’ premature retirement.

Definition of “school”

51 Definition of “school”.

Compulsory school age

52 Commencement of compulsory school age.

General provisions

53AStamp duty land tax

54 Orders and regulations.

55 Financial provisions.

56 Construction.

57 Minor and consequential amendments, repeals etc.

58 Short title, commencement and extent etc.

SCHEDULE 4 The Qualifications and Curriculum Authority

1The Authority shall not be regarded as a servant or...

2(1) The Authority may do anything which is calculated to...

3(1) The Authority may give to any person or body...

4(1) The Authority shall have a chief officer.

Chairman and chief officer: division of functions

5(1) The Secretary of State may, on appointing a person...

Tenure of office

6(1) A person shall hold and vacate office as a...

7The Secretary of State may, if satisfied that a member...

8If the chairman or deputy chairman of the Authority ceases...

Payments to members

9(1) The Authority shall pay to their members such salaries...

10Subject to the approval of the Secretary of State, the...

11(1) Employment with the Authority shall be included among the...

12(1) The Secretary of State may make grants to the...

13(1) The Authority— (a) may establish a committee for any...

Delegation of functions

14(1) The Authority may authorise the chairman, the deputy chairman,...

15(1) The following persons, namely— (a) a representative of the...

16The validity of the Authority’s proceedings shall not be affected...

17Subject to the preceding provisions of this Schedule, the Authority...

18(1) The Authority shall— (a) keep proper accounts and proper...

19The application of the seal of the Authority shall be...

20Any document purporting to be an instrument made or issued...

SCHEDULE 5 The Qualifications, Curriculum and Assessment Authority for Wales

1 The Qualifications, Curriculum and Assessment Authority for Wales

2 The Qualifications, Curriculum and Assessment Authority for Wales

3 The Qualifications, Curriculum and Assessment Authority for Wales

4 The Qualifications, Curriculum and Assessment Authority for Wales

Tenure of office

5 The Qualifications, Curriculum and Assessment Authority for Wales

6 The Qualifications, Curriculum and Assessment Authority for Wales

7 The Qualifications, Curriculum and Assessment Authority for Wales

Payments to members

8 The Qualifications, Curriculum and Assessment Authority for Wales

9 The Qualifications, Curriculum and Assessment Authority for Wales

10 The Qualifications, Curriculum and Assessment Authority for Wales

11 The Qualifications, Curriculum and Assessment Authority for Wales

12 The Qualifications, Curriculum and Assessment Authority for Wales

Delegation of functions

13 The Qualifications, Curriculum and Assessment Authority for Wales

14 The Qualifications, Curriculum and Assessment Authority for Wales

15 The Qualifications, Curriculum and Assessment Authority for Wales

16 The Qualifications, Curriculum and Assessment Authority for Wales

17 The Qualifications, Curriculum and Assessment Authority for Wales

18 The Qualifications, Curriculum and Assessment Authority for Wales

19 The Qualifications, Curriculum and Assessment Authority for Wales

SCHEDULE 6 School inspections

1 School inspections

Rights of entry et ceteralaetc. for Chief Inspectors

2 School inspections

3 School inspections

Removal of inspectors from register

4 School inspections

5 School inspections

Inspections of closing schools

6 School inspections

Publication of inspection reports

7 School inspections

Computer records

8 School inspections

Delegation of functions of Chief Inspectors

9 School inspections

Tenders and consultation

10 School inspections

Inspection teams

11 School inspections

Rights of entry et ceteralaetc. for registered inspectors

12 School inspections

SCHEDULE 7 Minor and consequential amendments

Public Records Act 1958 (c. 51)

1In Part II of the Table at the end of...

Local Authorities (Goods and Services) Act 1970 (c. 39)

2(1) Subject to sub-paragraph (2), in the Local Authorities (Goods...

Superannuation Act 1972 (c. 11)

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

House of Commons Disqualification Act 1975 (c. 24)

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

Local Government Finance Act 1982 (c. 32)

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance Act 1991 (c. 31)

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charities Act 1993 (c. 10)

7In Schedule 2 to the Charities Act 1993 (exempt charities)—...

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

8In section 1(2) of the Nursery Education and Grant-Maintained Schools...

Education Act 1996 (c. 56)

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

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

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

12In section 14(4) of that Act (functions of LEA in...

13In section 17(2) of that Act (powers of LEA in...

14In section 29(6)(b) of that Act (requirement of LEA to...

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36In section 492(2) of that Act (adjustment of amounts eligible...

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

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

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

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School Inspections Act 1996 (c. 57)

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8 Repeals

Royal arms

Education Act 1997

1997 CHAPTER 44

An Act to amend the law relating to education in schools and further education in England and Wales; to make provision for the supervision of the awarding of external academic and vocational qualifications in England, Wales and Northern Ireland; and for connected purposes.

[21st March 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—