| Guvnor

Status: In Force
Penalty ceiling: Imprisonment 2 of 24 obligations carry a criminal penalty. 5 carry different penalties and 17 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person7 Employer5

Plus 12 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Employer — also bound by 682 other Acts

The Income Tax (Pay As You Earn) Regulations 2003 241 duties

Provision and Use of Work Equipment Regulations 1998 120 duties

TULRCA 1992 72 duties

Income Tax (Earnings and Pensions) Act 2003 54 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 53 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Duty to participate in education or training: England

5 of 67 sections shown

s.021 Appropriate arrangements to be in place before employment begins Regulated

Check young workers have training arrangements before they startEmployer

s.027 Duty to enable participation: initial arrangements Regulated

Permit employees to attend pre-agreed training or educationEmployer

s.028 Duty to enable participation: arrangements subsequently notified Regulated

Allow young employees to participate in notified education or trainingEmployer

s.030 Contravention of section 27 or 28: enforcement notice Regulated

Comply with enforcement notice from your local authorityEmployer

s.031 Financial penalty for non-compliance with enforcement notice given under section 30 Regulated

Fail to comply with education or training enforcement noticeEmployer

62 other sections in this Part — procedural and definitional

s.001 Persons to whom Part 1 applies

s.002 Duty to participate in education or training

s.003 Level 3 qualification

s.004 Appropriate full-time education or training

s.005 Full-time occupation

s.006 Relevant training or education

s.007 Relevant period

s.008 Sufficient relevant training or education

s.009 Assignment of numbers of hours of guided learning to external qualifications

s.010 local authority to promote fulfilment of duty imposed by section 2

s.011 Educational institutions: promotion of good attendance

s.012 Duty to make arrangements to identify persons not fulfilling duty imposed by section 2

s.013 Notification of non-compliance with duty imposed by section 2

s.014 Educational institutions: duty to provide information

s.015 Supply of social security information

s.016 Supply of information by public bodies

s.017 Sharing and use of information held for purposes of support services or functions under this Part

s.018 Guidance

s.019 Contracts to which Chapter applies

s.020 Appropriate arrangements

s.022 Financial penalty for contravention of section 21

s.023 Withdrawal or variation of penalty notice given under section 22 following notice of objection

s.024 Appeal against penalty notice given under section 22

s.025 Further power to withdraw penalty notice given under section 22

s.026 Withdrawal or variation of penalty notice given under section 22: further provisions

s.029 Sections 27 and 28: extension for person reaching 18

s.032 Withdrawal of enforcement notice given under section 30

s.033 Withdrawal or variation of penalty notice given under section 31 following notice of objection

s.034 Appeal against penalty notice given under section 31

s.035 Further power to withdraw penalty notice given under section 31

s.036 Withdrawal or variation of penalty notice given under section 31: further provisions

s.037 Right not to suffer detriment

s.038 Dismissal to be treated as unfair

s.039 Other amendments of Employment Rights Act 1996

s.040 Parenting contracts

s.041 Parenting orders

s.042 Parenting orders: supplemental

s.043 Parenting orders: appeals

s.044 Parenting contracts and parenting orders: further provisions

s.045 Failure to fulfil duty under section 2: initial steps

s.046 Attendance notice

s.047 Attendance notice: description of education or training

s.048 Attendance panel

s.049 Appeal arrangements

s.050 Variation and revocation of attendance notice

s.051 Offence of failure to comply with attendance notice

s.052 Restrictions on proceedings for offences under section 51

s.053 Failure to comply with attendance notice: penalty notice

s.054 Penalty notices: appeal arrangements

s.055 Non-participation fines: interpretation

s.056 Enforcement of non-participation fine etc: person reaching 18

s.057 Enforcement of non-participation fine etc: fine imposed on person aged 18 or over

s.058 Enforcement of non-participation fine: further provisions

s.059 Application of sums recovered by virtue of section 56 or 57

s.060 Review of initial operation of Chapter

s.061 Alternative ways of working

s.062 Crown employment

s.063 House of Lords staff

s.064 House of Commons staff

s.065 Financial penalties

s.066 Interpretation of Part

s.067 Corresponding provision for Wales

Part 2

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

0 of 19 sections shown

19 other sections in this Part — procedural and definitional

s.068 Support services: provision by local authorities

s.069 Directions

s.070 local authorities: supplementary powers

s.071 Provision of support on conditional basis: learning and support agreements

s.072 Educational institutions: duty to provide information

s.073 Educational institutions: access and facilities

s.074 Internet and telephone support services etc

s.075 Inspection

s.076 Supply of social security information relating to young persons

s.076 Supply of information by Secretary of State or person providing services

s.077 Supply of information by public bodies

s.078 Supplementary

s.079 Existing functions of Secretary of State

s.080 Assessments relating to learning difficulties

s.081 Careers education: information and advice

s.082 Apprenticeships: functions of Learning and Skills Council for England

s.083 Provision of transport etc for persons of sixth form age: duty to consider journey times

s.084 Exercise of travel functions by local authorities in England: duty to have regard to religion or belief of persons of sixth form age

s.085 Co-operation as regards provision of 14-19 education and training

Part 3

Assessments of effectiveness of education and training etc

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.086 Learning aims for persons aged 19 and over

s.087 Benefit and training information

s.088 Revenue and Customs information

s.089 Use of information

s.090 Wrongful onward disclosure of information

s.091 Information: supplementary

Part 4

Regulation and inspection of independent educational provision in England

19 of 59 sections shown

s.095 The register Regulated

Other duties (1) — Crown / regulator

Secretary of State must maintain and publish a register of independent schoolsCrown / Minister / Government department

s.096 Unregistered independent educational institutions: offence Imprisonment

Conduct an unregistered independent educational institutionAny Person

s.097 Unregistered independent educational institutions: inspection Prosecution

Obstructing an inspection of an independent schoolAny Person

Fine up to £2,500

s.098 Applications for registration Regulated

s.099 Determination of applications for registration Regulated

Other duties (1) — Crown / regulator

Secretary of State must decide on school registration applicationsCrown / Minister / Government department

s.100 Institutions no longer required to register: power to deregister Regulated

Other duties (1) — Crown / regulator

Secretary of State must notify proprietors of deregistration decisionsCrown / Minister / Government department

s.102 Requirement to apply for approval for material change Regulated

Apply for approval before making material changes to an independent schoolAny Person

s.104 Determination of applications for approval Regulated

Other duties (1) — Crown / regulator

Secretary of State must decide on material change applicationsCrown / Minister / Government department

s.105 Power to deregister institution that makes unapproved material change Regulated

Other duties (1) — Crown / regulator

Secretary of State may deregister institutions for unapproved material changesCrown / Minister / Government department

s.108 Duty to inspect certain registered institutions at prescribed intervals Regulated

Other duties (1) — Crown / regulator

Ofsted must inspect independent schools at regular intervalsStatutory regulator

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

Other duties (1) — Crown / regulator

Secretary of State may direct inspections of independent schoolsCrown / Minister / Government department

s.110 Inspections under this Chapter: power of entry etc Prosecution

Obstruct an independent school inspectionAny Person

Fine up to £2,500

s.112 Failure to pay fees Regulated

Other duties (1) — Crown / regulator

Secretary of State may remove institution from register for non-paymentCrown / Minister / Government department

s.113 Publication of inspection reports Regulated

Other duties (1) — Crown / regulator

Chief Inspector must publish inspection reports when directedStatutory regulator

s.116 Enforcement action available to Secretary of State Regulated

Other duties (1) — Crown / regulator

Secretary of State must notify and delay enforcement during appealsCrown / Minister / Government department

s.119 Unsuitable persons Regulated

Other duties (1) — Crown / regulator

Secretary of State may remove unsuitable persons from the registerCrown / Minister / Government department

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

Breach an education institution restriction orderAny Person

s.122 Order of justice of the peace: notification Regulated

Other duties (1) — Crown / regulator

Secretary of State must notify proprietors of justice of the peace ordersCrown / Minister / Government department

s.123 Provision of information by proprietors Prosecution

Fail to provide required information for an independent schoolAny Person

Unlimited fine

40 other sections in this Part — procedural and definitional

s.092 Independent educational institutions in England

s.093 Application of Chapter to institutions in England only

s.093 Application of Chapter to alternative provision Academies that are not independent educational institutions

s.094 Independent educational institution standards

s.101 “Material change”

s.103 Inspection and report where applications made for approval

s.106 Independent inspectorates

s.107 Quality assurance of independent inspectorates

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

s.114 Action plans

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

s.117 “Relevant restriction”

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

s.120 Application to justice of the peace for order

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

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

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

s.127 Relevant restriction imposed by Tribunal: supplementary

s.128 Prohibition on participation in management

s.129 Directions under section 128: appeals

s.130 Directions under section 128: information

s.131 Directions under section 128: notification

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

s.133 Regulations under section 132: supplementary

s.134 Proceedings for offences

s.135 Offences by bodies corporate

s.136 Offences by unincorporated bodies

s.137 Service of notice etc

s.137 Application of schools provision to independent educational institutions

s.138 Interpretation of Chapter

s.139 Continuity of the law

s.140 The register and fees

s.141 Prohibition on participation in management

s.142 Interpretation

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

s.144 Protection of pupils in an emergency

s.145 Appeals

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

s.147 Approval of independent schools: consequential amendments

s.148 Approval of independent schools: transitional provision

Part 5

Miscellaneous and general

0 of 26 sections shown

26 other sections in this Part — procedural and definitional

s.149 Powers of National Assembly for Wales

s.150 Sixth form admissions etc

s.151 Admission arrangements

s.152 Sixth form admissions etc: appeals

s.153 School admissions: supplementary

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

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

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

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

s.158 Consultation of pupils: existing functions

s.159 Approved external qualifications: England

s.160 Approved external qualifications: Wales

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

s.162 Functions of Welsh Ministers etc

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

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

s.165 Constitution of schools forums

s.166 Orders and regulations

s.167 Functions to be exercisable by Welsh Ministers

s.168 General interpretation

s.169 Minor and consequential amendments, repeals and revocations

s.170 Power to make consequential and transitional provision

s.171 Financial provisions

s.172 Extent

s.173 Commencement

s.174 Short title

Schedules

0 of 90 shown

90 other schedules

s.sch001 Schedule 1 para.1

s.sch001 In the table in section 580 (index), in the entry...

s.sch001 In that table insert the following entries at the appropriate...

s.sch001 In section 113BA of the Police Act 1997 (suitability information...

s.sch001 The Education Act 2002 is amended as follows.

s.sch001 In the definition of “qualifying body” in section 1(3) (interpretation)...

s.sch001 Before section 157 insert— Application of Chapter to schools in...

s.sch001 In section 157 (independent school standards) omit subsections (1A) and...

s.sch001 In section 158 (the registers)— (a) omit subsections (1)(a) and...

s.sch001 Omit sections 162A and 162B (inspection of registered schools in...

s.sch001 In section 163 (power to inspect registered schools in Wales)—...

s.sch001 Schedule 1 para.2

s.sch001 In section 164 (inspections under section 163: supplementary) omit “for...

s.sch001 In section 165(1)(a) (failure to meet standards) omit “162A or”....

s.sch001 In section 167A (prohibition on participation in management of independent...

s.sch001 For sections 167C and 167D (information and notification in relation...

s.sch001 (1) Section 171 is amended as follows.

s.sch001 The Education Act 2005 is amended as follows.

s.sch001 For section 5(2)(g) (duty to inspect certain schools) substitute—

s.sch001 For section 28(2)(d) (duty to arrange inspections of certain schools)...

s.sch001 (1) Section 59 (combined reports) is amended as follows.

s.sch001 In section 62(4)(a) (power of Welsh Ministers to change inspection...

s.sch001 Schedule 1 para.3

s.sch001 The Childcare Act 2006 is amended as follows.

s.sch001 (1) Section 13 (duty to provide information, advice and training...

s.sch001 (1) Section 34(2) (requirement to register: other early years providers)...

s.sch001 In section 49 (inspections) in subsection (4) for “independent school”...

s.sch001 (1) Section 53(2) (requirement to register: other later years providers...

s.sch001 (1) Section 63(3) (applications for registration on the general register:...

s.sch001 In section 106 (general interpretation) for the definition of “independent...

s.sch001 The Education and Inspections Act 2006 is amended as follows....

s.sch001 (1) Section 11 (publication of proposals to establish maintained schools:...

s.sch001 In the following provisions for “approved by the Secretary of...

s.sch001 Schedule 1 para.4

s.sch001 (1) Section 171 (prohibition on participation in management: transitional provision)...

s.sch001 (1) The Safeguarding Vulnerable Groups Act 2006 is amended as...

s.sch001 In section 177(1A) of the Local Government Act 1972 (allowances:...

s.sch001 In section 36(5)(b) of the Children Act 1989 (education supervision...

s.sch001 The Social Security Administration Act 1992 is amended as follows....

s.sch001 (1) Section 2A (claim or full entitlement to certain benefits...

s.sch001 (1) Section 2AA (full entitlement to certain benefits conditional on...

s.sch001 (1) Section 2C (optional work-focused interviews) is amended as follows....

s.sch001 The Education Act 1996 is amended as follows.

s.sch001 In section 439 (school attendance: specification of schools), in subsection...

s.sch001 The Education Act 1996 is amended as follows.

s.sch001 In section 444A(1)(b) (penalty notice in respect of failure to...

s.sch001 In section 566(3) (evidence: documents)— (a) in paragraph (a), after...

s.sch001 (1) Paragraph 8 of Schedule 35B (meaning of “eligible child”...

s.sch001 The School Standards and Framework Act 1998 is amended as...

s.sch001 (1) Section 86 (parental preferences) is amended as follows.

s.sch001 In section 87 (no requirement to admit children permanently excluded...

s.sch001 After section 88Q (inserted by section 151) insert— Admission arrangements:...

s.sch001 (1) Section 89 (procedure for determining admission arrangements) is amended...

s.sch001 (1) Section 89A (determination of admission numbers) is amended as...

s.sch001 (1) Section 89B (co-ordination of admission arrangements) is amended as...

s.sch001 For section 6(2) (reference to definition of special school) substitute—...

s.sch001 (1) Section 89C (further provision about schemes adopted or made...

s.sch001 Omit section 89D (power to restrict alteration of admission arrangements...

s.sch001 (1) Section 90 (reference of objections to adjudicator or Secretary...

s.sch001 After section 90 insert— Regulations by Welsh Ministers under sections...

s.sch001 Omit section 90A (restrictions on alteration of admission arrangements following...

s.sch001 Before section 92 insert— “ Publication of information about admissions:...

s.sch001 Omit section 94(7).

s.sch001 (1) Section 95 (appeals relating to children to whom section...

s.sch001 (1) Section 98 (admission for nursery education or to nursery...

s.sch001 In section 103 (permitted selection: introduction, variation or abandonment of...

s.sch001 In section 313(5) (codes of practice) for “Part” substitute “...

s.sch001 In section 108 (implementation of decision that school should cease...

s.sch001 After section 138 insert— Regulations made by Welsh Ministers under...

s.sch001 In section 142(1) (general interpretation)— (a) in the definition of...

s.sch001 (1) Section 143 (index) is amended as follows.

s.sch001 (1) Section 72 of the Welfare Reform and Pensions Act...

s.sch001 The Learning and Skills Act 2000 is amended as follows....

s.sch001 In the following provisions after “section” insert “ 139A or...

s.sch001 In section 140 (the title of which becomes “Assessments relating...

s.sch001 Omit paragraph 10 of Schedule 5 to the Tax Credits...

s.sch001 After section 210 of the Education Act 2002 insert— Regulations...

s.sch001 After section 537A insert— Application of sections 537 and 537A...

s.sch001 In section 19(2) of the Anti-social Behaviour Act 2003 (parenting...

s.sch001 In section 21 of the Sexual Offences Act 2003 (positions...

s.sch001 The Children Act 2004 is amended as follows.

s.sch001 In section 10 (co-operation to improve well-being), in subsection (4)(f),...

s.sch001 In section 11 (arrangements to safeguard and promote welfare), in...

s.sch001 In section 13(3)(g) (Local Safeguarding Children's Boards), for “under section...

s.sch001 The Education and Inspections Act 2006 is amended as follows....

s.sch001 In section 74(3) (implementation of curriculum requirements for fourth key...

s.sch001 (1) In section 180 (functions to be exercisable by National...

s.sch001 In section 21 of the Safeguarding Vulnerable Groups Act 2006...

s.sch001 (1) Section 548 (no right to give corporal punishment) is...

s.sch001 (1) Schedule 7 to the Criminal Justice and Immigration Act...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Education and Skills Act 2008

Does it bind you?

Other Acts binding the same actors

What it requires

Duty to participate in education or training: England

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

Assessments of effectiveness of education and training etc

Regulation and inspection of independent educational provision in England

Miscellaneous and general

Schedules