Appropriate arrangements to be in place before employment begins
- Check young workers have training arrangements before they start Employer
UK Act of Parliament
2008
United Kingdom
Education and Skills Act 2008
At a glance
What's here
23 compliance obligations
Penalty landscape
2 of 23 obligations carry imprisonment (51 weeks). 3 carry different penalties and 18 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 7
- Employer 4
Plus 12 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Employers also bound by 694 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
- Provision and Use of Work Equipment Regulations 1998 1998 120 duties
- TULRCA 1992 1992 72 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
- Income Tax (Earnings and Pensions) Act 2003 2003 50 duties
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 — Duty to participate in education or training: England
Duty to enable participation: initial arrangements
- Permit employees to attend pre-agreed training or education Employer
Duty to enable participation: arrangements subsequently notified
- Allow young employees to participate in notified education or training Employer
Contravention of section 27 or 28: enforcement notice
- Comply with enforcement notice from your local authority Employer
Browse 63 other sections in this Part — procedural / definitional / commencement
Persons to whom Part 1 applies
Duty to participate in education or training
Level 3 qualification
Appropriate full-time education or training
Full-time occupation
Relevant training or education
Relevant period
Sufficient relevant training or education
Assignment of numbers of hours of guided learning to external qualifications
local authority to promote fulfilment of duty imposed by section 2
Educational institutions: promotion of good attendance
Duty to make arrangements to identify persons not fulfilling duty imposed by section 2
Notification of non-compliance with duty imposed by section 2
Educational institutions: duty to provide information
Supply of social security information
Supply of information by public bodies
Sharing and use of information held for purposes of support services or functions under this Part
Guidance
Contracts to which Chapter applies
Appropriate arrangements
Financial penalty for contravention of section 21
Withdrawal or variation of penalty notice given under section 22 following notice of objection
Appeal against penalty notice given under section 22
Further power to withdraw penalty notice given under section 22
Withdrawal or variation of penalty notice given under section 22: further provisions
Sections 27 and 28: extension for person reaching 18
Financial penalty for non-compliance with enforcement notice given under section 30
Withdrawal of enforcement notice given under section 30
Withdrawal or variation of penalty notice given under section 31 following notice of objection
Appeal against penalty notice given under section 31
Further power to withdraw penalty notice given under section 31
Withdrawal or variation of penalty notice given under section 31: further provisions
Right not to suffer detriment
Dismissal to be treated as unfair
Other amendments of Employment Rights Act 1996
Parenting contracts
Parenting orders
Parenting orders: supplemental
Parenting orders: appeals
Parenting contracts and parenting orders: further provisions
Failure to fulfil duty under section 2: initial steps
Attendance notice
Attendance notice: description of education or training
Attendance panel
Appeal arrangements
Variation and revocation of attendance notice
Offence of failure to comply with attendance notice
Restrictions on proceedings for offences under section 51
Failure to comply with attendance notice: penalty notice
Penalty notices: appeal arrangements
Non-participation fines: interpretation
Enforcement of non-participation fine etc: person reaching 18
Enforcement of non-participation fine etc: fine imposed on person aged 18 or over
Enforcement of non-participation fine: further provisions
Application of sums recovered by virtue of section 56 or 57
Review of initial operation of Chapter
Alternative ways of working
Crown employment
House of Lords staff
House of Commons staff
Financial penalties
Interpretation of Part
Corresponding provision for Wales
Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England
Browse 19 other sections in this Part — procedural / definitional / commencement
Support services: provision by local authorities
Directions
local authorities: supplementary powers
Provision of support on conditional basis: learning and support agreements
Educational institutions: duty to provide information
Educational institutions: access and facilities
Internet and telephone support services etc
Inspection
Supply of social security information relating to young persons
Supply of information by Secretary of State or person providing services
Supply of information by public bodies
Supplementary
Existing functions of Secretary of State
Assessments relating to learning difficulties
Careers education: information and advice
Apprenticeships: functions of Learning and Skills Council for England
Provision of transport etc for persons of sixth form age: duty to consider journey times
Exercise 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 provision of 14-19 education and training
Part 3 — Assessments of effectiveness of education and training etc
Browse 6 other sections in this Part — procedural / definitional / commencement
Part 4 — Regulation and inspection of independent educational provision in England
The register
Other duties (1) — Crown / regulator
- Secretary of State must maintain and publish a register of independent schools Crown / Minister / Government department
Unregistered independent educational institutions: offence
51 weeks imprisonment- Conduct an unregistered independent educational institution Any Person
Unregistered independent educational institutions: inspection
Fine up to £2,500- Obstructing an inspection of an independent school Any Person
Applications for registration
- Register your independent educational institution Any Person
Determination of applications for registration
Other duties (1) — Crown / regulator
- Secretary of State must decide on school registration applications Crown / Minister / Government department
Institutions no longer required to register: power to deregister
Other duties (1) — Crown / regulator
- Secretary of State must notify proprietors of deregistration decisions Crown / Minister / Government department
Requirement to apply for approval for material change
- Apply for approval before making material changes to an independent school Any Person
Determination of applications for approval
Other duties (1) — Crown / regulator
- Secretary of State must decide on material change applications Crown / Minister / Government department
Power to deregister institution that makes unapproved material change
Other duties (1) — Crown / regulator
- Secretary of State may deregister institutions for unapproved material changes Crown / Minister / Government department
Duty to inspect certain registered institutions at prescribed intervals
Other duties (1) — Crown / regulator
- Ofsted must inspect independent schools at regular intervals Statutory regulator
Duty to inspect registered institution on direction of Secretary of State
Other duties (1) — Crown / regulator
- Secretary of State may direct inspections of independent schools Crown / Minister / Government department
Inspections under this Chapter: power of entry etc
Fine up to £2,500- Obstruct an independent school inspection Any Person
Failure to pay fees
Other duties (1) — Crown / regulator
- Secretary of State may remove institution from register for non-payment Crown / Minister / Government department
Publication of inspection reports
Other duties (1) — Crown / regulator
- Chief Inspector must publish inspection reports when directed Statutory regulator
Enforcement action available to Secretary of State
Other duties (1) — Crown / regulator
- Secretary of State must notify and delay enforcement during appeals Crown / Minister / Government department
Unsuitable persons
Other duties (1) — Crown / regulator
- Secretary of State may remove unsuitable persons from the register Crown / Minister / Government department
Relevant restriction imposed by justice of the peace: supplementary
51 weeks imprisonment- Breach an education institution restriction order Any Person
Order of justice of the peace: notification
Other duties (1) — Crown / regulator
- Secretary of State must notify proprietors of justice of the peace orders Crown / Minister / Government department
Provision of information by proprietors
Unlimited fine- Fail to provide required information for an independent school Any Person
Browse 40 other sections in this Part — procedural / definitional / commencement
Independent educational institutions in England
Application of Chapter to institutions in England only
Application of Chapter to alternative provision Academies that are not independent educational institutions
Independent educational institution standards
“Material change”
Inspection and report where applications made for approval
Independent inspectorates
Quality assurance of independent inspectorates
Fees for inspections by Chief Inspector under this Chapter
Action plans
Power of Secretary of State to take enforcement action
“Relevant restriction”
Relevant restriction imposed by Secretary of State: supplementary
Application to justice of the peace for order
Appeal by proprietor against decision of Secretary of State to deregister
Appeal by proprietor against other decisions of Secretary of State
Appeal by proprietor against order of justice of the peace
Relevant restriction imposed by Tribunal: supplementary
Prohibition on participation in management
Directions under section 128: appeals
Directions under section 128: information
Directions under section 128: notification
Providers of independent education or training for 16 to 18 year olds
Regulations under section 132: supplementary
Proceedings for offences
Offences by bodies corporate
Offences by unincorporated bodies
Service of notice etc
Application of schools provision to independent educational institutions
Interpretation of Chapter
Continuity of the law
The register and fees
Prohibition on participation in management
Interpretation
Right of sixth-form pupils to opt out of religious worship
Protection of pupils in an emergency
Appeals
Abolition of requirement of approval for independent schools: England
Approval of independent schools: consequential amendments
Approval of independent schools: transitional provision
Part 5 — Miscellaneous and general
Browse 26 other sections in this Part — procedural / definitional / commencement
Powers of National Assembly for Wales
Sixth form admissions etc
Admission arrangements
Sixth form admissions etc: appeals
School admissions: supplementary
Power of governing body: educational provision for improving behaviour
Application of s.444 of Education Act 1996 to alternative education provision
National Curriculum for England: duty to implement assessment arrangements
Governing bodies of maintained schools to invite and consider pupils' views
Consultation of pupils: existing functions
Approved external qualifications: England
Approved external qualifications: Wales
Functions of Qualifications and Curriculum Authority in England and Northern Ireland
Functions of Welsh Ministers etc
Functions of Qualifications and Curriculum Authority in Northern Ireland in relation to vocational qualifications
Inspections of teacher training in England: removal of duty to notify
Constitution of schools forums
Orders and regulations
Functions to be exercisable by Welsh Ministers
General interpretation
Minor and consequential amendments, repeals and revocations
Power to make consequential and transitional provision
Financial provisions
Extent
Commencement
Short title
Schedules
Browse 90 other Schedules — structural / supplementary
Schedule 1 para.1
In the table in section 580 (index), in the entry...
In that table insert the following entries at the appropriate...
In section 113BA of the Police Act 1997 (suitability information...
The Education Act 2002 is amended as follows.
In the definition of “qualifying body” in section 1(3) (interpretation)...
Before section 157 insert— Application of Chapter to schools in...
In section 157 (independent school standards) omit subsections (1A) and...
In section 158 (the registers)— (a) omit subsections (1)(a) and...
Omit sections 162A and 162B (inspection of registered schools in...
In section 163 (power to inspect registered schools in Wales)—...
Schedule 1 para.2
In section 164 (inspections under section 163: supplementary) omit “for...
In section 165(1)(a) (failure to meet standards) omit “162A or”....
In section 167A (prohibition on participation in management of independent...
For sections 167C and 167D (information and notification in relation...
(1) Section 171 is amended as follows.
The Education Act 2005 is amended as follows.
For section 5(2)(g) (duty to inspect certain schools) substitute—
For section 28(2)(d) (duty to arrange inspections of certain schools)...
(1) Section 59 (combined reports) is amended as follows.
In section 62(4)(a) (power of Welsh Ministers to change inspection...
Schedule 1 para.3
The Childcare Act 2006 is amended as follows.
(1) Section 13 (duty to provide information, advice and training...
(1) Section 34(2) (requirement to register: other early years providers)...
In section 49 (inspections) in subsection (4) for “independent school”...
(1) Section 53(2) (requirement to register: other later years providers...
(1) Section 63(3) (applications for registration on the general register:...
In section 106 (general interpretation) for the definition of “independent...
The Education and Inspections Act 2006 is amended as follows....
(1) Section 11 (publication of proposals to establish maintained schools:...
In the following provisions for “approved by the Secretary of...
Schedule 1 para.4
(1) Section 171 (prohibition on participation in management: transitional provision)...
(1) The Safeguarding Vulnerable Groups Act 2006 is amended as...
In section 177(1A) of the Local Government Act 1972 (allowances:...
In section 36(5)(b) of the Children Act 1989 (education supervision...
The Social Security Administration Act 1992 is amended as follows....
(1) Section 2A (claim or full entitlement to certain benefits...
(1) Section 2AA (full entitlement to certain benefits conditional on...
(1) Section 2C (optional work-focused interviews) is amended as follows....
The Education Act 1996 is amended as follows.
In section 439 (school attendance: specification of schools), in subsection...
The Education Act 1996 is amended as follows.
In section 444A(1)(b) (penalty notice in respect of failure to...
In section 566(3) (evidence: documents)— (a) in paragraph (a), after...
(1) Paragraph 8 of Schedule 35B (meaning of “eligible child”...
The School Standards and Framework Act 1998 is amended as...
(1) Section 86 (parental preferences) is amended as follows.
In section 87 (no requirement to admit children permanently excluded...
After section 88Q (inserted by section 151) insert— Admission arrangements:...
(1) Section 89 (procedure for determining admission arrangements) is amended...
(1) Section 89A (determination of admission numbers) is amended as...
(1) Section 89B (co-ordination of admission arrangements) is amended as...
For section 6(2) (reference to definition of special school) substitute—...
(1) Section 89C (further provision about schemes adopted or made...
Omit section 89D (power to restrict alteration of admission arrangements...
(1) Section 90 (reference of objections to adjudicator or Secretary...
After section 90 insert— Regulations by Welsh Ministers under sections...
Omit section 90A (restrictions on alteration of admission arrangements following...
Before section 92 insert— “ Publication of information about admissions:...
Omit section 94(7).
(1) Section 95 (appeals relating to children to whom section...
(1) Section 98 (admission for nursery education or to nursery...
In section 103 (permitted selection: introduction, variation or abandonment of...
In section 313(5) (codes of practice) for “Part” substitute “...
In section 108 (implementation of decision that school should cease...
After section 138 insert— Regulations made by Welsh Ministers under...
In section 142(1) (general interpretation)— (a) in the definition of...
(1) Section 143 (index) is amended as follows.
(1) Section 72 of the Welfare Reform and Pensions Act...
The Learning and Skills Act 2000 is amended as follows....
In the following provisions after “section” insert “ 139A or...
In section 140 (the title of which becomes “Assessments relating...
Omit paragraph 10 of Schedule 5 to the Tax Credits...
After section 210 of the Education Act 2002 insert— Regulations...
After section 537A insert— Application of sections 537 and 537A...
In section 19(2) of the Anti-social Behaviour Act 2003 (parenting...
In section 21 of the Sexual Offences Act 2003 (positions...
The Children Act 2004 is amended as follows.
In section 10 (co-operation to improve well-being), in subsection (4)(f),...
In section 11 (arrangements to safeguard and promote welfare), in...
In section 13(3)(g) (Local Safeguarding Children's Boards), for “under section...
The Education and Inspections Act 2006 is amended as follows....
In section 74(3) (implementation of curriculum requirements for fourth key...
(1) In section 180 (functions to be exercisable by National...
In section 21 of the Safeguarding Vulnerable Groups Act 2006...
(1) Section 548 (no right to give corporal punishment) is...
(1) Schedule 7 to the Criminal Justice and Immigration Act...
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