Education and Skills Act 2008

Part 1Duty to participate in education or training: England

Chapter 1Young persons

Duty to participate in education or training

1Persons to whom Part 1 applies

2Duty to participate in education or training

Interpretation

3Level 3 qualification

4Appropriate full-time education or training

5Full-time occupation

6Relevant training or education

7Relevant period

8Sufficient relevant training or education

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

Chapter 2local authorities and educational institutions etc

Duty to promote fulfilment of duty imposed by section 2

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

Duty to promote good attendance

11Educational institutions: promotion of good attendance

Duty to identify persons not fulfilling duty imposed by section 2

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

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

14Educational institutions: duty to provide information

15Supply of social security information

16Supply of information by public bodies

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

Chapter 3Employers

Interpretation

19Contracts to which Chapter applies

20Appropriate arrangements

Commencement of employment

21Appropriate arrangements to be in place before employment begins

22Financial penalty for contravention of section 21

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

24Appeal against penalty notice given under section 22

25Further power to withdraw penalty notice given under section 22

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

Employer to enable participation in education or training

27Duty to enable participation: initial arrangements

28Duty to enable participation: arrangements subsequently notified

29Sections 27 and 28: extension for person reaching 18

30Contravention of section 27 or 28: enforcement notice

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

32Withdrawal of enforcement notice given under section 30

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

34Appeal against penalty notice given under section 31

35Further power to withdraw penalty notice given under section 31

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

Supplementary

37Right not to suffer detriment

38Dismissal to be treated as unfair

39Other amendments of Employment Rights Act 1996

Chapter 4Parenting contracts and parenting orders

40Parenting contracts

41Parenting orders

42Parenting orders: supplemental

43Parenting orders: appeals

44Parenting contracts and parenting orders: further provisions

Chapter 5Attendance notices

Initial steps

45Failure to fulfil duty under section 2: initial steps

Attendance notices

46Attendance notice

47Attendance notice: description of education or training

Attendance panel, appeals and variations etc

48Attendance panel

49Appeal arrangements

50Variation and revocation of attendance notice

Failure to comply with attendance notice

51Offence of failure to comply with attendance notice

52Restrictions on proceedings for offences under section 51

53Failure to comply with attendance notice: penalty notice

54Penalty notices: appeal arrangements

55Non-participation fines: interpretation

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

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

58Enforcement of non-participation fine: further provisions

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

Supplementary

60Review of initial operation of Chapter

Chapter 6Miscellaneous

61Alternative ways of working

62Crown employment

63House of Lords staff

64House of Commons staff

65Financial penalties

66Interpretation of Part

67Corresponding provision for Wales

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

Provision of support services

68Support services: provision by local authorities

70local authorities: supplementary powers

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

72Educational institutions: duty to provide information

73Educational institutions: access and facilities

74Internet and telephone support services etc

76Supply of social security information relating to young persons

76ASupply of information by Secretary of State or person providing services

77Supply of information by public bodies

78Supplementary

79Existing functions of Secretary of State

Assessments relating to learning difficulties

80Assessments relating to learning difficulties

Careers education

81Careers education: information and advice

Apprenticeships

82Apprenticeships: functions of Learning and Skills Council for England

School transport etc

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

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

Co-operation as regards 14-19 education and training

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

Part 3Adult skills

Provision of courses of study

86Learning aims for persons aged 19 and over

Assessments of effectiveness of education or training

87Benefit and training information

88Revenue and Customs information

89Use of information

90Wrongful onward disclosure of information

91Information: supplementary

Part 4Regulation and inspection of independent educational provision in England

Chapter 1Independent educational institutions in England

92Independent educational institutions

93Application of Chapter to institutions in England only

94Independent educational institution standards

Requirement of registration

96Unregistered independent educational institutions: offence

97Unregistered independent educational institutions: inspection

Registration procedure

98Applications for registration

99Determination of applications for registration

100Institutions no longer required to register: power to deregister

Approval of material changes to registered details

101“Material change”

102Requirement to apply for approval for material change

103Inspection and report where applications made for approval

104Determination of applications for approval

105Power to deregister institution that makes unapproved material change

Independent inspectorates

106Independent inspectorates

107Quality assurance of independent inspectorates

Inspections and reports

108Duty to inspect certain registered institutions at prescribed intervals

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

110Inspections under this Chapter: power of entry etc

111Fees for inspections by Chief Inspector under this Chapter

112Failure to pay fees

113Publication of inspection reports

Failure to meet standards

114Action plans

115Power of Secretary of State to take enforcement action

116Enforcement action available to Secretary of State

117“Relevant restriction”

118Relevant restriction imposed by Secretary of State: supplementary

Unsuitable persons

119Unsuitable persons

120Application to justice of the peace for order

121Relevant restriction imposed by justice of the peace: supplementary

122Order of justice of the peace: notification

Provision of information by proprietors

123Provision of information by proprietors

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

125Appeal by proprietor against other decisions of Secretary of State

126Appeal by proprietor against order of justice of the peace

127Relevant restriction imposed by Tribunal: supplementary

Prohibition on participation in management of independent educational institutions

128Prohibition on participation in management

129Directions under section 128: appeals

130Directions under section 128: information

131Directions under section 128: notification

Independent colleges for 16 to 18 year olds

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

133Regulations under section 132: supplementary

Supplementary

134Proceedings for offences

135Offences by bodies corporate

136Offences by unincorporated bodies

137Service of notice etc

138Interpretation of Chapter

Transitional provision

139Continuity of the law

140The register and fees

141Prohibition on participation in management

Chapter 2Schools providing for special educational needs

Non-maintained special schools in England

142Interpretation

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

144Protection of pupils in an emergency

Independent schools in England

146Abolition of requirement of approval for independent schools: England

147Approval of independent schools: consequential amendments

148Approval of independent schools: transitional provision

Part 5Miscellaneous and general

Chapter 1Powers of National Assembly for Wales

149Powers of National Assembly for Wales

Chapter 2Miscellaneous

School admissions

150Sixth form admissions etc

151Admission arrangements

152Sixth form admissions etc: appeals

153School admissions: supplementary

Maintained schools in England: behaviour and attendance etc

154Power of governing body: educational provision for improving behaviour

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

Maintained schools in England: assessment arrangements

156National Curriculum for England: duty to implement assessment arrangements

Maintained schools: pupils' views

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

158Consultation of pupils: existing functions

External qualifications

159Approved external qualifications: England

160Approved external qualifications: Wales

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

162Functions of Welsh Ministers etc

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

Inspections of teacher training

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

Schools forums

165Constitution of schools forums

Chapter 3General

166Orders and regulations

167Functions to be exercisable by Welsh Ministers

168General interpretation

169Minor and consequential amendments, repeals and revocations

170Power to make consequential and transitional provision etc.

171Financial provisions

173Commencement

SCHEDULE 1Minor and consequential amendments

Part 1Regulation and inspection

Disability Discrimination Act 1995 (c. 50)

Education Act 1996 (c. 56)

5The Education Act 1996 is amended as follows.

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

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

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

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

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

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

Police Act 1997 (c. 50)

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

Education Act 2002 (c. 32)

13The Education Act 2002 is amended as follows.

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

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

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

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

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

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

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

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

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

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

24(1) Section 171 is amended as follows.

Education Act 2005 (c. 18)

25The Education Act 2005 is amended as follows.

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

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

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

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

Childcare Act 2006 (c. 21)

30The Childcare Act 2006 is amended as follows.

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

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

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

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

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

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

Education and Inspections Act 2006 (c. 40)

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

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

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

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

Safeguarding Vulnerable Groups Act 2006 (c. 47)

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

Part 2Miscellaneous

Local Government Act 1972 (c. 70)

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

Children Act 1989 (c. 41)

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

Social Security Administration Act 1992 (c. 5)

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

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

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

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

Education Act 1996 (c. 56)

48The Education Act 1996 is amended as follows.

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

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

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

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

School Standards and Framework Act 1998 (c. 31)

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

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

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

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

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

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

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

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

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

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

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

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

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

66Omit section 94(7).

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

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

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

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

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

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

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

Welfare Reform and Pensions Act 1999 (c. 30)

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

Learning and Skills Act 2000 (c. 21)

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

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

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

Tax Credits Act 2002 (c. 21)

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

Education Act 2002 (c. 32)

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

Anti-social Behaviour Act 2003 (c. 38)

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

Sexual Offences Act 2003 (c. 42)

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

Children Act 2004 (c. 31)

82The Children Act 2004 is amended as follows.

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

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

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

Education and Inspections Act 2006 (c. 40)

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

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

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

Safeguarding Vulnerable Groups Act 2006 (c. 47)

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

Criminal Justice and Immigration Act 2008 (c. 4)

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

SCHEDULE 2Repeals and revocations

Royal arms

Education and Skills Act 2008

2008 CHAPTER 25

An Act to make provision about education and training; and for connected purposes.

[26th November 2008]

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:—