Education Act 2005
At a glance
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — School inspections and other inspections by school inspectors
Browse 75 other sections in this Part — procedural / definitional / commencement
Functions of Her Majesty's Chief Inspector of Schools in England
Annual and other reports to Secretary of State
Powers of entry
Duty to inspect certain schools at prescribed intervals
Duty to notify parents of section 5 inspection
Duty to have regard to views of certain persons
Other inspections
Power or duty to treat other inspection as section 5 inspection
Power of entry etc. for purposes of inspection under section 5 or 8
Interim statements between inspections
Publication of inspection reports
Power of Chief Inspector to investigate complaints about schools
Investigations under section 11A
Reports of investigations
Interpretation of Chapter 1
Duties of Chief Inspector where school causes or has caused concern
Destination of reports: maintained schools
Destination of interim statements: maintained schools
Measures to be taken by local authority
Destination of reports: non-maintained schools
Destination of interim statements: non-maintained schools
Statement to be prepared by proprietor of school
Interpretation of Chapter 2
Her Majesty's Inspectorate of Education and Training in Wales
Functions of Chief Inspector
Annual and other reports to Assembly
Power of Assembly to establish advisory panel
Powers of entry etc. of Chief Inspector
Power of Chief Inspector to arrange for inspections
Registration of inspectors in Wales
Removal from register and imposition or variation of conditions
Appeals in relation to registration
Duty to arrange regular inspections of certain schools
Publication of inspection reports
Payment of fees into Consolidated Fund
Interpretation of Chapter 3
Inspections by members of the Inspectorate
Duty to report on section 28 inspections
Section 28 inspections by registered inspectors
Reports of inspections by members of the Inspectorate
Timing of section 28 inspections by registered inspectors
Duty to notify where inspection shows maintained school causing concern
Destination of reports: maintained schools
Statement to be prepared by appropriate authority for school
Statement to be prepared by local authority
Destination of reports: non-maintained schools
Statement to be prepared by proprietor of school
Interpretation of Chapter 4
Categories of schools causing concern
Schools with sixth forms
Inspection reports on schools with sixth forms requiring significant improvement
Report after area inspection on schools with sixth forms requiring significant improvement
Copies of report and action plan
Report on sixth form schools causing concern after area inspection
Interpretation of sections 44A to 44E
Cases where Secretary of State or Assembly may direct closure of school
Sixth forms requiring significant improvement
Meaning of “denominational education”
Inspection of religious education: England
Procedure for inspections under section 48
Inspection of denominational education: Wales
Power of local authority to inspect maintained school for specific purpose
Provision of inspection services by local authoritiess in Wales
Inspection of child minding, day care and nursery education
Inspection of independent schools
Inspection of careers services in Wales
Inspection of services related to careers services in Wales
Inspections under sections 55 and 56: further provisions
Inspection of computer records
Combined reports
Repeal of School Inspections Act 1996
Further amendments relating to school inspection
Power of Assembly to change inspection framework for Wales
Interpretation of Part 1
Part 2 — School organisation
Browse 10 other sections in this Part — procedural / definitional / commencement
Proposals not requiring consent of Secretary of State
Publication of proposals with consent of Secretary of State
Proposals for new secondary schools in England
Rationalisation of school places in England
Proposals for establishment of federated school in Wales
local authority not to establish school on opposite side of Welsh border
Proposals for discontinuance of rural primary school
Proposals relating to maintained special school
School organisation: further amendments
Interpretation of Part 2
Part 3 — Training the school workforce
Browse 28 other sections in this Part — procedural / definitional / commencement
The Training and Development Agency for Schools
Functions of Agency
Functions of Agency in relation to Wales
Membership etc. of Agency
Powers of Agency to provide financial support
Forms of financial support under section 78
Provisions supplementary to sections 78 and 79
Grants to Agency by Secretary of State
Grants to Agency by Assembly
Non-funding functions of Agency
Directions by Secretary of State and Assembly
General duty of Welsh Ministers with respect to teacher training
Power to promote careers in school workforce in Wales
Qualifying activities and eligible institutions in relation to HEFCW funding
Grants, loans and other payments by HEFCW
Provisions supplementary to section 86
Grants to HEFCW
Power of HEFCW to carry out or commission research
Supplementary and ancillary functions of HEFCW
Directions by Assembly
Joint exercise of functions
Efficiency studies
Provision of information
Power of maintained schools to provide training for the school workforce
Interpretation of references to training
Institutions of a denominational character
Further amendments relating to Part 3
Transitional and transitory provisions relating to Part 3
Part 4 — Miscellaneous
Funding of maintained schools
Amended 3 timeslocal authority targets: England
Amended 1 timeRemoval of requirements for governors' reports and parents' meetings
Amended 4 timesSchool profiles
Amended 3 timesProvision and funding of higher education in maintained schools
Amended 2 timesAdmission arrangements to make special provision for looked-after children
Amended 3 timesSupply of information: education maintenance allowances
Amended 6 timesUnauthorised disclosure of information received under section 108
Amended 4 timesSupply of information: free school lunches etc.
Amended 3 timesUnauthorised disclosure of information received under section 110
Amended 4 timesInformation about the school workforce: introductory
Amended 3 timesSupply of information about school workforce
Amended 5 timesPower of governing body to make alternative provision for excluded pupils
Amended 2 timesFailure of parent to secure regular attendance of child at alternative provision
Amended 2 timesFurther amendments relating to Part 4
Amended 5 timesMeaning of “the 2002 Act” in Part 4
Amended 2 timesBrowse 2 other sections in this Part — procedural / definitional / commencement
Part 5 — General
Parliamentary control of subordinate legislation
Amended 3 timesGeneral interpretation
Amended 2 timesRepeals
Amended 8 timesBrowse 7 other sections in this Part — procedural / definitional / commencement
Functions to be exercisable by National Assembly for Wales
Subordinate legislation: general provisions
Power to make further supplementary and consequential provision etc.
Commencement
The appropriate authority by whom commencement order is made
Extent
Short title, etc.
Schedules
Browse 224 other Schedules — structural / supplementary
The Chief Inspector may appoint such staff, in addition to...
(1) The Chief Inspector may arrange for such persons as...
(1) There are to be paid to the Chief Inspector...
The Chief Inspector is to continue to have an official...
(1) Subject to sub-paragraph (3) and paragraph 2(8), anything authorised...
The Documentary Evidence Act 1868 (c. 37) has effect in...
The Chief Inspector may, with the approval of the Assembly...
(1) The Chief Inspector may arrange for such persons as...
(1) There are to be paid to the Chief Inspector...
The Chief Inspector is to continue to have an official...
(1) Anything authorised or required by or under this Part...
The Documentary Evidence Act 1868 (c. 37) has effect in...
(1) A tribunal constituted to hear an appeal under section...
(1) The Assembly may by regulations make provision with respect...
The Assembly may make such provision as the Assembly thinks...
In this Schedule— “appropriate authority” means— in relation to a...
(1) Before entering into any arrangement for an inspection by...
(1) Every inspection must be conducted by a registered inspector...
(1) The Chief Inspector must keep a list of persons...
(1) No person who is not a member of the...
Where an inspection is arranged, the appropriate authority for the...
(1) An inspector conducting an inspection, and the members of...
(1) It is an offence intentionally to obstruct—
(1) This paragraph applies to an inspection where, at any...
In this Schedule “ the 2000 Act ” means the...
(1) Section 113 of the 2000 Act (inadequate sixth-forms) is...
(1) Schedule 7 to the 2000 Act (inadequate sixth forms)...
In this Schedule— “inspection” means an inspection of a school...
(1) An inspection must be carried out within such period...
(1) The governing body to whom an inspector has reported...
Inspection of child minding, day care and nursery education
(1) Paragraph 2 is amended as follows.
In paragraph 3, before the “and” immediately following paragraph (a)...
For paragraphs 6 and 7 substitute— Inspections in England (1) The Chief Inspector for England— (a) shall at such...
At the end of the heading before paragraph 8 insert...
(1) Paragraph 8 is amended as follows.
(1) Paragraph 9 is amended as follows.
(1) Paragraph 10 is amended as follows.
For the heading before paragraph 11 substitute “ Training of...
(1) Paragraph 11 is amended as follows.
In paragraph 12, for “6” substitute “ 6B ”.
Omit section 79P of the Children Act 1989 (early years...
For paragraph 13 (and the heading immediately preceding it) substitute—...
For paragraph 14 substitute— (1) The annual report of the Chief Inspector for England...
In paragraph 16, for “6” substitute “ 6A or 6B...
For paragraph 17 substitute— Where an inspection in Wales is being conducted by a...
(1) Paragraph 18 is amended as follows.
Inspection of child minding, day care and nursery education
Inspection of child minding, day care and nursery education
(1) Section 79T of the Children Act 1989 (c. 41)...
In section 79U of the Children Act 1989 (rights of...
(1) Section 122 of the School Standards and Framework Act...
Schedule 26 to the School Standards and Framework Act 1998...
(1) Paragraph 1 is amended as follows.
In this Schedule “the 2002 Act” means the Education Act...
After section 162 of the 2002 Act insert— Power to...
For sections 163 and 164 of the 2002 Act substitute—...
In section 165 of the 2002 Act (failure to meet...
In section 171 of the 2002 Act (interpretation of Chapter...
In Schedule 4 to the Parliamentary Commissioner Act 1967, omit...
In Schedule 36 to the Education Act 1996 (uniform statutory...
In section 38 of the Education Act 1997 (inspection of...
In section 39 of the Education Act 1997 (reports of...
In section 40 (inspector's right of entry etc.), in subsection...
(1) Section 14 of the School Standards and Framework Act...
(1) Section 15 of the School Standards and Framework Act...
(1) Section 16 of the School Standards and Framework Act...
In section 16A of the School Standards and Framework Act...
In section 17 of the School Standards and Framework Act...
In section 18 of the School Standards and Framework Act...
(1) Section 10B of the Employment and Training Act 1973...
In section 18A of the School Standards and Framework Act...
Schedule 9 para.21
In Schedule 6 to the Government of Wales Act 1998...
In section 9 of the Protection of Children Act 1999...
In section 75 of the Learning and Skills Act 2000...
In section 86 of the Learning and Skills Act 2000...
(1) Section 118 of the Learning and Skills Act 2000...
(1) Section 128 of the Learning and Skills Act 2000...
In section 63 of the Education Act 2002 (power to...
In section 159 of the Education Act 2002 (unregistered independent...
Part 3 of Schedule 1 to the House of Commons...
In section 36 of the Nationality, Immigration and Asylum Act...
Part 3 of Schedule 1 to the Northern Ireland Assembly...
Further amendments relating to school inspection
In Part 1 of Schedule 1 to the Tribunals and...
In section 26 of the Judicial Pensions and Retirement Act...
In section 28D of the Disability Discrimination Act 1995 (accessibility...
In section 578(1) (meaning of “the Education Acts”) omit “the...
This Schedule applies to proposals published under section 66.
(1) Where— (a) any proposals to establish a community, foundation...
(1) Where, by virtue of paragraph 10(3), paragraph 10(1) ceases...
Proposals to establish a community school which fall to be...
(1) This paragraph applies to proposals to establish a foundation...
(1) This paragraph applies to proposals to establish a voluntary...
Where proposals to establish an Academy published under section 66...
In this Schedule “promoters”, in relation to any proposals, means...
(1) Regulations must make provision for the submission of the...
(1) The proposals must be considered in the first instance...
(1) Regulations may make provision requiring the school organisation committee...
(1) Where any proposals are referred to the adjudicator under...
(1) Regulations may provide that, where proposals submitted to the...
Regulations may, in relation to any proposals published under section...
(1) Where the only proposals published in pursuance of a...
In this Schedule “the 1998 Act” means the School Standards...
(1) Where any proposals are referred to the adjudicator under...
(1) Where any proposals are referred to the adjudicator under...
(1) Regulations may provide that, where proposals referred to the...
Proposals approved by the school organisation committee under paragraph 9...
(1) This paragraph applies to proposals for a school in...
In this Schedule— (a) “powers to make or invite proposals...
(1) This paragraph applies where the Secretary of State is...
(1) This paragraph applies where the Secretary of State is...
(1) Where the Secretary of State gives a direction under...
(1) Where a local authority publish any proposals under section...
(1) Where— (a) in relation to the area of any...
(1) Any person may make objections to, or comments on,...
(1) Proposals published under paragraph 7 require the approval of...
(1) Section 5 of the Education Act 1996 (primary schools,...
School organisation: further amendments
School organisation: further amendments
School organisation: further amendments
(1) Schedule 6 to the School Standards and Framework Act...
(1) Schedule 7 to the School Standards and Framework Act...
School organisation: further amendments
In section 129 of the Education Act 2002 (transfer of...
School organisation: further amendments
School organisation: further amendments
In section 580 of the Education Act 1996 (index), after...
School organisation: further amendments
School organisation: further amendments
In section 33 of the School Standards and Framework Act...
In section 34 of the School Standards and Framework Act...
School organisation: further amendments
(1) The power conferred on the Agency by section 83...
Without prejudice to any other rights the Secretary of State...
Without prejudice to any other rights the Assembly may require...
(1) The Chief Inspector for England, or a representative of...
The validity of any proceedings of the Agency or of...
Subject to the preceding provisions of this Schedule, the Agency...
The application of the seal of the Agency is authenticated...
Every document purporting to be an instrument made or issued...
(1) It is the duty of the Agency—
The Agency— (a) must make an annual report to the...
The Agency are not to be regarded as the servant...
(1) One of the members of the Agency is to...
(1) A person holds and vacates office as a member...
If the Secretary of State is satisfied that a member...
(1) The Agency— (a) must pay to their members such...
(1) The Agency may appoint such employees as they think...
(1) Employment with the Agency continues to be included among...
(1) The Agency may establish a committee for any purpose....
The Agency may authorise the chairman, the chief officer or...
In Schedule 1 to the Public Records Act 1958 (definition...
In the Education (No. 2) Act 1986, omit section 50...
Omit sections 1 to 11 of the Education Act 1994....
Omit sections 12 to 17 of the Education Act 1994....
For section 18A of the Education Act 1994 substitute— Inspection...
In section 19 of the Education Act 1994 (interpretation)—
Omit Schedule 1 to the Education Act 1994.
(1) Section 398 of the Education Act 1996 (no requirements...
(1) Section 450 of the Education Act 1996 (prohibition of...
In section 36 of the Audit Commission Act 1998 (studies...
(1) Section 26 of the Teaching and Higher Education Act...
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
(1) In section 28(1) of the Teaching and Higher Education...
(1) Section 145B of the Government of Wales Act 1998...
In Schedule 1 to the Freedom of Information Act 2000...
(1) Section 14 of the Education Act 2002 (power of...
In section 145 of the Education Act 2002 (specification of...
(1) Section 23 of the Higher Education Act 2004 (duty...
In section 24 of the Higher Education Act 2004 (condition...
For section 27 of the Higher Education Act 2004 (power...
(1) Section 28 of the Higher Education Act 2004 (c....
In section 29 of the Higher Education Act 2004 (sections...
In Schedule 1 to the Superannuation Act 1972 (which lists...
In section 31 of the Higher Education Act 2004 (Director...
In section 34 of the Higher Education Act 2004 (approval...
In section 37 of the Higher Education Act 2004 (enforcement...
In section 38 of the Higher Education Act 2004 (enforcement...
In section 40 of the Higher Education Act 2004 (provision...
(1) Section 41 of the Higher Education Act 2004 (interpretation...
In section 48 of the Higher Education Act 2004 (c....
In Part 3 of Schedule 1 to the House of...
Amendments relating to the training of the school workforce
Amendments relating to the training of the school workforce
Amendments relating to the training of the school workforce
Amendments relating to the training of the school workforce
In section 1 of the Education (Fees and Awards) Act...
In this Schedule “ the 1994 Act ” means the...
For any reference to the Teacher Training Agency in any...
Any reference to the Training and Development Agency for Schools...
Any member of the Agency appointed under section 2 of...
In sections 18B and 18C of the 1994 Act (as...
Transitional and transitory provisions relating to Part 3
In this Schedule “the 1998 Act” means the School Standards...
(1) Section 45 of the 1998 Act (maintained schools to...
(1) Section 45A of the 1998 Act (determination of specified...
After section 45A insert— Power to require local authorities in...
For sections 45B and 45C of the 1998 Act substitute—...
(1) Section 47 of the 1998 Act (determination of school's...
In section 47A of the 1998 Act (schools forums) for...
In section 138 of the 1998 Act (orders and regulations),...
Schedule 22 to the School Standards and Framework Act 1998...
(1) Paragraph 1 (disposal of land by governing body of...
In paragraph 2 (disposal of land by foundation body), in...
After paragraph 2 insert— Disposal of land by trustees of...
(1) Paragraph 3 (disposal of land by trustees of foundation,...
(1) Paragraph 5 (discontinuance of foundation, voluntary and foundation special...
In section 36 of the Children Act 1989 (education supervision...
(1) Section 52 of the School Standards and Framework Act...
(1) In Schedule 15 to the School Standards and Framework...
(1) Section 7 of the Learning and Skills Act 2000...
(1) Section 36 of the Learning and Skills Act 2000...
(1) Section 37 of the 2002 Act (payments in respect...
In section 19 of the Anti-social Behaviour Act 2003 (parenting...
In section 317 of the Education Act 1996 (duties of...
In section 444A of the Education Act 1996 (penalty notice...
The references in section 23(9) and (10) of the Anti-social...
(1) Section 494 of the Education Act 1996 (recoupment: excluded...
In section 566 of the Education Act 1996 (evidence: documents),...
In section 48 of the School Standards and Framework Act...
In section 50 of the School Standards and Framework Act...
In section 51A of the School Standards and Framework Act...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
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Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Ofsted
PrimaryOffice for Standards in Education, Children's Services and Skills
Inspects and regulates services providing education, training, and childcare in England. Inspects schools, colleges, initial teacher training, and children's social care. Registers …
Office for Students
Independent regulator for higher education in England. Registers and monitors higher education providers. Ensures students receive quality education and value for money.
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