Division 85
Education
Requirements for all education
These requirements apply to all business activities in this division.
Health and Safety at Work etc. Act 1974 — general duties
Enforced by HSE
Health and Safety at Work etc. Act 1974
General duty to protect employees and others affected by the business — pupils, students, learners and visitors on education premises, plus staff. Covers premises safety, supervision, trips and practical/workshop activities.
Employers' Liability Insurance
Enforced by HSE
Employers' Liability (Compulsory Insurance) Act 1969
Required for any business employing at least one person.
UK GDPR + Data Protection Act 2018
Enforced by ICO
Data Protection Act 2018; UK GDPR (retained EU law)
Education providers hold extensive personal data — pupil/student records, attendance, assessment, SEND and safeguarding files, plus staff data. Much of it is special-category (health) or relates to children, so the ICO's age-appropriate-design and children's-data expectations apply. ICO data protection fee payable unless specifically exempt.
Equality Act 2010 — protected characteristics
Enforced by EHRC
Equality Act 2010
Schools, colleges and other education providers have specific duties under Part 6 of the Act (no discrimination in admissions, the way education is provided, exclusions or access to benefits) plus the reasonable-adjustments duty for disabled pupils/students, alongside the employment and public-services duties. Applies in Great Britain; Northern Ireland has its own equality legislation enforced by the Equality Commission for NI.
Regulatory Reform (Fire Safety) Order 2005
Enforced by LOCAL_FIRE_AUTHORITY
Regulatory Reform (Fire Safety) Order 2005
The 'responsible person' for any education premises (schools, nurseries, colleges, training centres) must carry out and maintain a fire risk assessment. Premises with sleeping accommodation (boarding schools, residential colleges) carry heightened duties. Devolved variants: Fire (Scotland) Act 2005; Fire and Rescue Services (NI) Order 2006.
Fire (Scotland) Act 2005 — fire safety duties
Enforced by LOCAL_FIRE_AUTHORITY
Fire (Scotland) Act 2005
The Scottish equivalent of the Fire Safety Order: the duty holder for any education premises (schools, nurseries, colleges, training centres) in Scotland must carry out and maintain a fire risk assessment and put in place appropriate fire safety measures under Part 3 of the Act. Enforced nationally by the Scottish Fire and Rescue Service rather than local fire authorities. Premises with sleeping accommodation (boarding schools, residential colleges) carry heightened duties.
DBS eligibility and safeguarding for child-facing education
Enforced by DBS
Safeguarding Vulnerable Groups Act 2006
Check the child-facing role against DBS eligibility and the regulated-activity rules; teaching or coaching alone does not establish the required check. Paid self-employed tutors can apply through an umbrella body where eligible. Schools and colleges have separate statutory safeguarding duties. Provider barring and referral duties depend on the role and relevant statutory conditions. Check frequency, overnight contact, employment exclusions and the activity date before choosing a check. Scotland and Northern Ireland use their own schemes.
Regulated activity: child tuition and coaching before 1 September 2026
Enforced by DBS
Safeguarding Vulnerable Groups Act 2006
Teaching or instructing children in private tuition or a sports, dance or arts club is regulated activity when the period and other conditions below are met. The period test is more than three days in any 30-day period, or once overnight between 2am and 6am with possible face-to-face contact with children. A barred person must not undertake this work; a provider must not knowingly permit a barred person to do it. An Enhanced DBS check with Children’s Barred List information is eligible for this role. Eligibility is not a universal statutory requirement to obtain a check. Provider referral duties need their separate statutory conditions. Teaching solely connected with the employment of 16- or 17-year-olds is excluded. This row does not assess school or childcare establishment rules, healthcare, personal care, adult roles, family arrangements or incidental contact in adult-only sessions. Before 1 September 2026, the specified regular day-to-day supervision exempts this activity-based teaching route; separate establishment routes can still apply.
Regulated activity: child tuition and coaching from 1 September 2026
Enforced by DBS
Safeguarding Vulnerable Groups Act 2006
Teaching or instructing children in private tuition or a sports, dance or arts club is regulated activity when the period and other conditions below are met. The period test is more than three days in any 30-day period, or once overnight between 2am and 6am with possible face-to-face contact with children. A barred person must not undertake this work; a provider must not knowingly permit a barred person to do it. An Enhanced DBS check with Children’s Barred List information is eligible for this role. Eligibility is not a universal statutory requirement to obtain a check. Provider referral duties need their separate statutory conditions. Teaching solely connected with the employment of 16- or 17-year-olds is excluded. This row does not assess school or childcare establishment rules, healthcare, personal care, adult roles, family arrangements or incidental contact in adult-only sessions. From 1 September 2026, day-to-day supervision no longer exempts this teaching or coaching activity.
COSHH — substances used by learners during training
Enforced by HSE
Control of Substances Hazardous to Health Regulations 2002 (COSHH)
If the training you deliver has learners handling hazardous substances — salon chemicals, solvents, cleaning products, laboratory reagents — you must assess the risk before the work starts, prevent exposure or control it adequately, and tell learners what the risks are and what to do about them. COSHH duties are owed to people who are not your employees as well as to staff, so students, apprentices and trainees are covered.
PVG Scheme membership and safeguarding (regulated work)
Enforced by DISCLOSURE_SCOTLAND
Protection of Vulnerable Groups (Scotland) Act 2007
Scotland's equivalent of the DBS regime: where staff or volunteers carry out 'regulated work' with children or protected adults (which most teaching, childcare, coaching and instructing roles do), the provider must ensure they are a member of the Protection of Vulnerable Groups (PVG) Scheme, run by Disclosure Scotland, before they start, and must refer anyone who harms or poses a risk. This requirement applies only to roles that meet the regulated-work test.