Education Act 2002

Chapter 1 E+W Powers to facilitate innovation

1 Purpose and interpretation of Chapter 1 E+W

(1) The purpose of this Chapter is to facilitate the implementation by qualifying bodies of innovative projects that may—

(a) in the opinion of the Secretary of State, contribute to the raising of [F1 educational standards] in England, or

(b) in the opinion of the National Assembly for Wales, contribute to the raising of [F2 educational standards] in Wales.

(2) In forming an opinion as to whether a project may contribute to the raising of [F3 educational standards] in England or Wales, the Secretary of State or the National Assembly for Wales shall—

(a) have regard to the need for the curriculum for any school affected by the project to be a balanced and broadly based curriculum which promotes the spiritual, moral, cultural, mental and physical development of children and of society, and

(b) consider the likely effect of the project on all the [F4 pupils or students] who may be affected by it.

(3) In this Chapter—

• “the Chief Inspector” means—

  (a)

  in relation to England, [F5 Her Majesty's Chief Inspector of Education, Children's Services and Skills] , and

  (b)

  in relation to Wales, Her Majesty’s Chief Inspector of Education and Training in Wales;

• “children” means persons under the age of nineteen;

• “education legislation” means—

  (a)

  the Education Acts (as defined by section 578 of the Education Act 1996 (c. 56)),

  (b)

  the Learning and Skills Act 2000 (c. 21), and

  (c)

  any subordinate legislation made under any of those Acts;

• [F6 “maintained school” means—

  (a)

  a community, foundation or voluntary school,

  (b)

  a community or foundation special school, or

  (c)

  a maintained nursery school;]

• [F7 “qualifying body” means—

  (a)

  a [F8 local authority],

  (b)

  an Education Action Forum,

  (c)

  a qualifying foundation,

  (d)

  the governing body of a maintained school,

  (e)

  the head teacher of a maintained school,

  (f)

  the proprietor of an Academy, a city technology college or a city college for the technology of the arts,

  (g)

  the proprietor of any special school that is not maintained by a [F8 local authority] but is for the time being approved by the Secretary of State F9 ... under section 342 of the Education Act 1996, or

  (h)

  the governing body of an institution within the further education sector;]

• [F10 “qualifying foundation” means the foundation, as defined by subsection (3)(a) of section 21 of the School Standards and Framework Act 1998, of any foundation or foundation special school that for the purposes of that section has a foundation established otherwise than under that Act;]

• F11 ...

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Textual Amendments

F1 Words in s. 1(1)(a) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(2)

F2 Words in s. 1(1)(b) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(2)

F3 Words in s. 1(2) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(3)(a)

F4 Words in s. 1(2)(b) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(3)(b)

F5 Words in s. 1(3) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 71; S.I. 2007/935, art. 5(gg)

F6 Words in s. 1(3) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(4)(a)

F7 Words in s. 1(3) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(4)(b)

F8 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F9 Words in s. 1(3) omitted (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 5(2)

F10 Words in s. 1(3) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(4)(c)

F11 Words in s. 1(3) repealed (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 1(4)(d), Sch. 18 Pt. 1

Commencement Information

I1 S. 1 partly in force; s. 1 not in force at Royal Assent, see s. 216; s. 1 in force (except for the words "(b) a maintained nursery school" in the list of qualifying schools in s. 1(3)) for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in Sch.)

I2 S. 1 in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4

I3 S. 1 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2

2 Power to suspend statutory requirements etc. E+W

(1) On the application of one or more qualifying bodies (“the applicant”), the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may for the purpose of this Chapter by order make provision—

(a) conferring on the applicant exemption from any requirement imposed by education legislation;

(b) relaxing any such requirement in its application to the applicant;

(c) enabling the applicant to exercise any function conferred by education legislation on any other qualifying body (either concurrently with or in place of that other body);

(d) making such modifications of any provision of education legislation, in its application to the applicant or any other qualifying body, as are in the opinion of the Secretary of State or the Assembly consequential on any provision made by virtue of any of paragraphs (a) to (c).

[F12 (1A) Where the applicant is or includes a qualifying foundation, references in paragraphs (a) to (d) of subsection (1) to the applicant (so far as they would otherwise be read as references to the qualifying foundation) are to be read as references to the governing bodies of all or any of the foundation or foundation special schools in respect of which the applicant is the foundation.]

(2) An order under this section shall have effect during a period specified in the order which, subject to section 3(2), must not exceed three years.

(3) Before making an order under this section, the Secretary of State or the National Assembly shall, if he or it considers it appropriate to do so, consult the Chief Inspector.

(4) No order under this section which relates to sections 119 to 129 may be made by the National Assembly for Wales without the consent of the Secretary of State.

(5) The Secretary of State or the National Assembly for Wales shall refuse an application for an order under this section if it appears to the Secretary of State or the Assembly that the proposed order would be likely to have a detrimental effect on the education of [F13 —

(a) in relation to England, children with special educational needs, or

(b) in relation to Wales, persons under 25 with special educational needs.]

(6) The Secretary of State or the National Assembly for Wales may from time to time give guidance as to the matters which the Secretary of State or the Assembly will take into account in determining whether to grant applications for orders under this section.

F14 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 S. 2(1A) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 2(2)

F13 S. 2(5)(a)(b) substituted for words (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 5(3)

F14 S. 2(7)(8) repealed (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 2(3), Sch. 18 Pt. 1

F15 S. 2(9) repealed (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), s. 33, Sch. (with s. 30(2)-(5))

Commencement Information

I4 S. 2 partly in force; s. 2 not in force at Royal Assent, see s. 216; s. 2 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I5 S. 2 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2

3 Variation or revocation of orders under section 2 E+W

(1) The power conferred on the Secretary of State and the National Assembly for Wales by section 2 includes—

(a) power by a further order made under that section on an application made for the purposes of that section by one or more qualifying bodies, to amend any order previously made under that section so as to extend—

(i) the requirements or functions in relation to which the order applies,

(ii) the qualifying bodies to which it applies, or

(iii) subject to subsection (2), the period during which it has effect, and

(b) power by a further order under that section, which may be made without any application from a qualifying body, to revoke any order previously made under that section.

(2) An order made under section 2 by virtue of subsection (1)(a)(iii) of this section may, on one occasion only, extend the period for which a previous order under that section has effect by a period of not more than three years from the end of the period originally specified in the previous order.

Commencement Information

I6 S. 3 partly in force; s. 3 not in force at Royal Assent, see s. 216; s. 3 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I7 S. 3 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2

4 Applications for orders under section 2 E+W

(1) An application for the purposes of section 2 [F16 (“an application for an order”) ] must be in such form, and contain such information, as may be required by the Secretary of State or, as the case may be, the National Assembly for Wales.

[F17 (1A) No application for an order may be made by the head teacher of a maintained school without the consent of the governing body of the school.]

(2) Before making [F18 an application for an order] , the qualifying body shall—

(a) in the case of an Education Action Forum, consult each [F8 local authority] by whom any participating school, as defined by section 10(6)(b) of the School Standards and Framework Act 1998 (c. 31), is maintained,

[F19 (aa) in the case of a qualifying foundation, consult the governing body of each foundation or foundation special school to which the application relates and the [F8 local authority] who maintain the school,]

[F20 (b) in the case of the governing body of a maintained school, consult—

(i) the [F8 local authority] who maintain the school, and

(ii) where the school is a foundation school with a qualifying foundation, that foundation, and]

(c) in any case, consult such persons (or other persons) as appear to the qualifying body to be appropriate, having regard to any guidance given from time to time by the Secretary of State or, as the case may be, the National Assembly for Wales.

(3) The Secretary or State or the National Assembly for Wales may with the consent of the applicant include in an order under section 2 provisions different from those requested in the application.

Textual Amendments

F8 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F16 Words in s. 4(1) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 3(2)

F17 S. 4(1A) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 3(3)

F18 Words in s. 4(2) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 3(4)(a)

F19 S. 4(2)(aa) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 3(4)(b)

F20 S. 4(2)(b) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 3(4)(c)

Commencement Information

I8 S. 4 partly in force; s. 4 not in force at Royal Assent, see s. 216; s. 4 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I9 S. 4 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2

5 Annual report E+W

(1) Where the Secretary of State has made any order under section 2 in any academic year, he shall—

(a) prepare a report on all the orders made by him under that section in that academic year, and

(b) lay a copy of the report before each House of Parliament.

(2) Where the National Assembly for Wales has made any order under section 2 in any academic year, the Assembly shall prepare and publish a report on all the orders made by the Assembly under that section in that academic year.

(3) In this section “academic year” means a period beginning with 1st August and ending with the next 31st July.

Commencement Information

I10 S. 5 partly in force; s. 5 not in force at Royal Assent, see s. 216; s. 5 in force for E. at 1.10.2002 by (S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I11 S. 5 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2