Education and Skills Act 2008

1. Introductory Text

2. Part 1 Duty to participate in education or training: England

   1. Chapter 1 Young persons

      1. Duty to participate in education or training

         1. 1. Persons to whom Part 1 applies

         2. 2. Duty to participate in education or training

      2. Interpretation

         1. 3. Level 3 qualification

         2. 4. Appropriate full-time education or training

         3. 5. Full-time occupation

         4. 6. Relevant training or education

         5. 7. Relevant period

         6. 8. Sufficient relevant training or education

         7. 9. Assignment of numbers of hours of guided learning to external qualifications

   2. Chapter 2 local authorities and educational institutions etc

      1. Duty to promote fulfilment of duty imposed by section 2

         1. 10. local authority to promote fulfilment of duty imposed by section 2

      2. Duty to promote good attendance

         1. 11. Educational institutions: promotion of good attendance

      3. Duty to identify persons not fulfilling duty imposed by section 2

         1. 12. Duty to make arrangements to identify persons not fulfilling duty imposed by section 2

      4. Information

         1. 13. Notification of non-compliance with duty imposed by section 2

         2. 14. Educational institutions: duty to provide information

         3. 15. Supply of social security information

         4. 16. Supply of information by public bodies

         5. 17. Sharing and use of information held for purposes of support services or functions under this Part

      5. Guidance

         1. 18. Guidance

   3. Chapter 3 Employers

      1. Interpretation

         1. 19. Contracts to which Chapter applies

         2. 20. Appropriate arrangements

      2. Commencement of employment

         1. 21. Appropriate arrangements to be in place before employment begins

         2. 22. Financial penalty for contravention of section 21

         3. 23. Withdrawal or variation of penalty notice given under section 22 following notice of objection

         4. 24. Appeal against penalty notice given under section 22

         5. 25. Further power to withdraw penalty notice given under section 22

         6. 26. Withdrawal or variation of penalty notice given under section 22: further provisions

      3. Employer to enable participation in education or training

         1. 27. Duty to enable participation: initial arrangements

         2. 28. Duty to enable participation: arrangements subsequently notified

         3. 29. Sections 27 and 28: extension for person reaching 18

         4. 30. Contravention of section 27 or 28: enforcement notice

         5. 31. Financial penalty for non-compliance with enforcement notice given under section 30

         6. 32. Withdrawal of enforcement notice given under section 30

         7. 33. Withdrawal or variation of penalty notice given under section 31 following notice of objection

         8. 34. Appeal against penalty notice given under section 31

         9. 35. Further power to withdraw penalty notice given under section 31

         10. 36. Withdrawal or variation of penalty notice given under section 31: further provisions

      4. Supplementary

         1. 37. Right not to suffer detriment

         2. 38. Dismissal to be treated as unfair

         3. 39. Other amendments of Employment Rights Act 1996

   4. Chapter 4 Parenting contracts and parenting orders

      1. 40. Parenting contracts

      2. 41. Parenting orders

      3. 42. Parenting orders: supplemental

      4. 43. Parenting orders: appeals

      5. 44. Parenting contracts and parenting orders: further provisions

   5. Chapter 5 Attendance notices

      1. Initial steps

         1. 45. Failure to fulfil duty under section 2: initial steps

      2. Attendance notices

         1. 46. Attendance notice

         2. 47. Attendance notice: description of education or training

      3. Attendance panel, appeals and variations etc

         1. 48. Attendance panel

         2. 49. Appeal arrangements

         3. 50. Variation and revocation of attendance notice

      4. Failure to comply with attendance notice

         1. 51. Offence of failure to comply with attendance notice

         2. 52. Restrictions on proceedings for offences under section 51

         3. 53. Failure to comply with attendance notice: penalty notice

         4. 54. Penalty notices: appeal arrangements

         5. 55. Non-participation fines: interpretation

         6. 56. Enforcement of non-participation fine etc: person reaching 18

         7. 57. Enforcement of non-participation fine etc: fine imposed on person aged 18 or over

         8. 58. Enforcement of non-participation fine: further provisions

         9. 59. Application of sums recovered by virtue of section 56 or 57

      5. Supplementary

         1. 60. Review of initial operation of Chapter

   6. Chapter 6 Miscellaneous

      1. 61. Alternative ways of working

      2. 62. Crown employment

      3. 63. House of Lords staff

      4. 64. House of Commons staff

      5. 65. Financial penalties

      6. 66. Interpretation of Part

      7. 67. Corresponding provision for Wales

3. Part 2 Support for participation in education or training: young adults with learning difficulties and young people in England

   1. Provision of support services

      1. 68. Support services: provision by local authorities

      2. 69. Directions

      3. 70. local authorities: supplementary powers

      4. 71. Provision of support on conditional basis: learning and support agreements

      5. 72. Educational institutions: duty to provide information

      6. 73. Educational institutions: access and facilities

      7. 74. Internet and telephone support services etc

      8. 75. Inspection

      9. 76. Supply of social security information relating to young persons

      10. 76A. Supply of information by Secretary of State or person providing services

      11. 77. Supply of information by public bodies

      12. 78. Supplementary

      13. 79. Existing functions of Secretary of State

   2. Assessments relating to learning difficulties

      1. 80. Assessments relating to learning difficulties

   3. Careers education

      1. 81. Careers education: information and advice

   4. Apprenticeships

      1. 82. Apprenticeships: functions of Learning and Skills Council for England

   5. School transport etc

      1. 83. Provision of transport etc for persons of sixth form age: duty to consider journey times

      2. 84. Exercise of travel functions by local authorities in England: duty to have regard to religion or belief of persons of sixth form age

   6. Co-operation as regards 14-19 education and training

      1. 85. Co-operation as regards provision of 14-19 education and training

4. Part 3 Adult skills

   1. Provision of courses of study

      1. 86. Learning aims for persons aged 19 and over

   2. Assessments of effectiveness of education or training

      1. 87. Benefit and training information

      2. 88. Revenue and Customs information

      3. 89. Use of information

      4. 90. Wrongful onward disclosure of information

      5. 91. Information: supplementary

5. Part 4 Regulation and inspection of independent educational provision in England

   1. Chapter 1 Independent educational institutions in England

      1. Introductory

         1. 92. Independent educational institutions

         2. 93. Application of Chapter to institutions in England only

      2. Standards

         1. 94. Independent educational institution standards

      3. Requirement of registration

         1. 95. The register

         2. 96. Unregistered independent educational institutions: offence

         3. 97. Unregistered independent educational institutions: inspection

      4. Registration procedure

         1. 98. Applications for registration

         2. 99. Determination of applications for registration

         3. 100. Institutions no longer required to register: power to deregister

      5. Approval of material changes to registered details

         1. 101. “Material change”

         2. 102. Requirement to apply for approval for material change

         3. 103. Inspection and report where applications made for approval

         4. 104. Determination of applications for approval

         5. 105. Power to deregister institution that makes unapproved material change

      6. Independent inspectorates

         1. 106. Independent inspectorates

         2. 107. Quality assurance of independent inspectorates

      7. Inspections and reports

         1. 108. Duty to inspect certain registered institutions at prescribed intervals

         2. 109. Duty to inspect registered institution on direction of Secretary of State

         3. 110. Inspections under this Chapter: power of entry etc

         4. 111. Fees for inspections by Chief Inspector under this Chapter

         5. 112. Failure to pay fees

         6. 113. Publication of inspection reports

      8. Failure to meet standards

         1. 114. Action plans

         2. 115. Power of Secretary of State to take enforcement action

         3. 116. Enforcement action available to Secretary of State

         4. 117. “Relevant restriction”

         5. 118. Relevant restriction imposed by Secretary of State: supplementary

      9. Unsuitable persons

         1. 119. Unsuitable persons

      10. Emergencies

          1. 120. Application to justice of the peace for order

          2. 121. Relevant restriction imposed by justice of the peace: supplementary

          3. 122. Order of justice of the peace: notification

      11. Provision of information by proprietors

          1. 123. Provision of information by proprietors

      12. Appeals

          1. 124. Appeal by proprietor against decision of Secretary of State to deregister

          2. 125. Appeal by proprietor against other decisions of Secretary of State

          3. 126. Appeal by proprietor against order of justice of the peace

          4. 127. Relevant restriction imposed by Tribunal: supplementary

      13. Prohibition on participation in management of independent educational institutions

          1. 128. Prohibition on participation in management

          2. 129. Directions under section 128: appeals

          3. 130. Directions under section 128: information

          4. 131. Directions under section 128: notification

      14. Independent colleges for 16 to 18 year olds

          1. 132. Providers of independent education or training for 16 to 18 year olds

          2. 133. Regulations under section 132: supplementary

      15. Supplementary

          1. 134. Proceedings for offences

          2. 135. Offences by bodies corporate

          3. 136. Offences by unincorporated bodies

          4. 137. Service of notice etc

          5. 138. Interpretation of Chapter

      16. Transitional provision

          1. 139. Continuity of the law

          2. 140. The register and fees

          3. 141. Prohibition on participation in management

   2. Chapter 2 Schools providing for special educational needs

      1. Non-maintained special schools in England

         1. 142. Interpretation

         2. 143. Right of sixth-form pupils to opt out of religious worship

         3. 144. Protection of pupils in an emergency

         4. 145. Appeals

      2. Independent schools in England

         1. 146. Abolition of requirement of approval for independent schools: England

         2. 147. Approval of independent schools: consequential amendments

         3. 148. Approval of independent schools: transitional provision

6. Part 5 Miscellaneous and general

   1. Chapter 1 Powers of National Assembly for Wales

      1. 149. Powers of National Assembly for Wales

   2. Chapter 2 Miscellaneous

      1. School admissions

         1. 150. Sixth form admissions etc

         2. 151. Admission arrangements

         3. 152. Sixth form admissions etc: appeals

         4. 153. School admissions: supplementary

      2. Maintained schools in England: behaviour and attendance etc

         1. 154. Power of governing body: educational provision for improving behaviour

         2. 155. Application of s.444 of Education Act 1996 to alternative education provision

      3. Maintained schools in England: assessment arrangements

         1. 156. National Curriculum for England: duty to implement assessment arrangements

      4. Maintained schools: pupils' views

         1. 157. Governing bodies of maintained schools to invite and consider pupils' views

         2. 158. Consultation of pupils: existing functions

      5. External qualifications

         1. 159. Approved external qualifications: England

         2. 160. Approved external qualifications: Wales

         3. 161. Functions of Qualifications and Curriculum Authority in England and Northern Ireland

         4. 162. Functions of Welsh Ministers etc

         5. 163. Functions of Qualifications and Curriculum Authority in Northern Ireland in relation to vocational qualifications

      6. Inspections of teacher training

         1. 164. Inspections of teacher training in England: removal of duty to notify

      7. Schools forums

         1. 165. Constitution of schools forums

   3. Chapter 3 General

      1. 166. Orders and regulations

      2. 167. Functions to be exercisable by Welsh Ministers

      3. 168. General interpretation

      4. 169. Minor and consequential amendments, repeals and revocations

      5. 170. Power to make consequential and transitional provision etc.

      6. 171. Financial provisions

      7. 172. Extent

      8. 173. Commencement

      9. 174. Short title

7. SCHEDULES

   1. SCHEDULE 1

      Minor and consequential amendments

      1. Part 1 Regulation and inspection

         1. Disability Discrimination Act 1995 (c. 50)

            1. 1.

            2. 2.

            3. 3.

            4. 4.

         2. Education Act 1996 (c. 56)

            1. 5. The Education Act 1996 is amended as follows.

            2. 6. For section 6(2) (reference to definition of special school) substitute—...

            3. 7. In section 313(5) (codes of practice) for “Part” substitute “...

            4. 8. After section 537A insert— Application of sections 537 and 537A...

            5. 9. (1) Section 548 (no right to give corporal punishment) is...

            6. 10. In the table in section 580 (index), in the entry...

            7. 11. In that table insert the following entries at the appropriate...

         3. Police Act 1997 (c. 50)

            1. 12. In section 113BA of the Police Act 1997 (suitability information...

         4. Education Act 2002 (c. 32)

            1. 13. The Education Act 2002 is amended as follows.

            2. 14. In the definition of “qualifying body” in section 1(3) (interpretation)...

            3. 15. Before section 157 insert— Application of Chapter to schools in...

            4. 16. In section 157 (independent school standards) omit subsections (1A) and...

            5. 17. In section 158 (the registers)— (a) omit subsections (1)(a) and...

            6. 18. Omit sections 162A and 162B (inspection of registered schools in...

            7. 19. In section 163 (power to inspect registered schools in Wales)—...

            8. 20. In section 164 (inspections under section 163: supplementary) omit “for...

            9. 21. In section 165(1)(a) (failure to meet standards) omit “162A or”....

            10. 22. In section 167A (prohibition on participation in management of independent...

            11. 23. For sections 167C and 167D (information and notification in relation...

            12. 24. (1) Section 171 is amended as follows.

         5. Education Act 2005 (c. 18)

            1. 25. The Education Act 2005 is amended as follows.

            2. 26. For section 5(2)(g) (duty to inspect certain schools) substitute—

            3. 27. For section 28(2)(d) (duty to arrange inspections of certain schools)...

            4. 28. (1) Section 59 (combined reports) is amended as follows.

            5. 29. In section 62(4)(a) (power of Welsh Ministers to change inspection...

         6. Childcare Act 2006 (c. 21)

            1. 30. The Childcare Act 2006 is amended as follows.

            2. 31. (1) Section 13 (duty to provide information, advice and training...

            3. 32. (1) Section 34(2) (requirement to register: other early years providers)...

            4. 33. In section 49 (inspections) in subsection (4) for “independent school”...

            5. 34. (1) Section 53(2) (requirement to register: other later years providers...

            6. 35. (1) Section 63(3) (applications for registration on the general register:...

            7. 36. In section 106 (general interpretation) for the definition of “independent...

         7. Education and Inspections Act 2006 (c. 40)

            1. 37. The Education and Inspections Act 2006 is amended as follows....

            2. 38. (1) Section 11 (publication of proposals to establish maintained schools:...

            3. 39. In the following provisions for “approved by the Secretary of...

            4. 40. (1) Section 171 (prohibition on participation in management: transitional provision)...

         8. Safeguarding Vulnerable Groups Act 2006 (c. 47)

            1. 41. (1) The Safeguarding Vulnerable Groups Act 2006 is amended as...

      2. Part 2 Miscellaneous

         1. Local Government Act 1972 (c. 70)

            1. 42. In section 177(1A) of the Local Government Act 1972 (allowances:...

         2. Children Act 1989 (c. 41)

            1. 43. In section 36(5)(b) of the Children Act 1989 (education supervision...

         3. Social Security Administration Act 1992 (c. 5)

            1. 44. The Social Security Administration Act 1992 is amended as follows....

            2. 45. (1) Section 2A (claim or full entitlement to certain benefits...

            3. 46. (1) Section 2AA (full entitlement to certain benefits conditional on...

            4. 47. (1) Section 2C (optional work-focused interviews) is amended as follows....

         4. Education Act 1996 (c. 56)

            1. 48. The Education Act 1996 is amended as follows.

            2. 49. In section 439 (school attendance: specification of schools), in subsection...

            3. 50. In section 444A(1)(b) (penalty notice in respect of failure to...

            4. 51. In section 566(3) (evidence: documents)— (a) in paragraph (a), after...

            5. 52. (1) Paragraph 8 of Schedule 35B (meaning of “eligible child”...

         5. School Standards and Framework Act 1998 (c. 31)

            1. 53. The School Standards and Framework Act 1998 is amended as...

            2. 54. (1) Section 86 (parental preferences) is amended as follows.

            3. 55. In section 87 (no requirement to admit children permanently excluded...

            4. 56. After section 88Q (inserted by section 151) insert— Admission arrangements:...

            5. 57. (1) Section 89 (procedure for determining admission arrangements) is amended...

            6. 58. (1) Section 89A (determination of admission numbers) is amended as...

            7. 59. (1) Section 89B (co-ordination of admission arrangements) is amended as...

            8. 60. (1) Section 89C (further provision about schemes adopted or made...

            9. 61. Omit section 89D (power to restrict alteration of admission arrangements...

            10. 62. (1) Section 90 (reference of objections to adjudicator or Secretary...

            11. 63. After section 90 insert— Regulations by Welsh Ministers under sections...

            12. 64. Omit section 90A (restrictions on alteration of admission arrangements following...

            13. 65. Before section 92 insert— “ Publication of information about admissions:...

            14. 66. Omit section 94(7).

            15. 67. (1) Section 95 (appeals relating to children to whom section...

            16. 68. (1) Section 98 (admission for nursery education or to nursery...

            17. 69. In section 103 (permitted selection: introduction, variation or abandonment of...

            18. 70. In section 108 (implementation of decision that school should cease...

            19. 71. After section 138 insert— Regulations made by Welsh Ministers under...

            20. 72. In section 142(1) (general interpretation)— (a) in the definition of...

            21. 73. (1) Section 143 (index) is amended as follows.

         6. Welfare Reform and Pensions Act 1999 (c. 30)

            1. 74. (1) Section 72 of the Welfare Reform and Pensions Act...

         7. Learning and Skills Act 2000 (c. 21)

            1. 75. The Learning and Skills Act 2000 is amended as follows....

            2. 76. In the following provisions after “section” insert “ 139A or...

            3. 77. In section 140 (the title of which becomes “Assessments relating...

         8. Tax Credits Act 2002 (c. 21)

            1. 78. Omit paragraph 10 of Schedule 5 to the Tax Credits...

         9. Education Act 2002 (c. 32)

            1. 79. After section 210 of the Education Act 2002 insert— Regulations...

         10. Anti-social Behaviour Act 2003 (c. 38)

             1. 80. In section 19(2) of the Anti-social Behaviour Act 2003 (parenting...

         11. Sexual Offences Act 2003 (c. 42)

             1. 81. In section 21 of the Sexual Offences Act 2003 (positions...

         12. Children Act 2004 (c. 31)

             1. 82. The Children Act 2004 is amended as follows.

             2. 83. In section 10 (co-operation to improve well-being), in subsection (4)(f),...

             3. 84. In section 11 (arrangements to safeguard and promote welfare), in...

             4. 85. In section 13(3)(g) (Local Safeguarding Children's Boards), for “under section...

         13. Education and Inspections Act 2006 (c. 40)

             1. 86. The Education and Inspections Act 2006 is amended as follows....

             2. 87. In section 74(3) (implementation of curriculum requirements for fourth key...

             3. 88. (1) In section 180 (functions to be exercisable by National...

         14. Safeguarding Vulnerable Groups Act 2006 (c. 47)

             1. 89. In section 21 of the Safeguarding Vulnerable Groups Act 2006...

         15. Criminal Justice and Immigration Act 2008 (c. 4)

             1. 90.. (1) Schedule 7 to the Criminal Justice and Immigration Act...

   2. SCHEDULE 2

      Repeals and revocations