Education Act 2002 (c. 32)

(The document as of February, 2008)

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the proprietor of a school, or

(d)

the governing body of a further education institution, and

"school" includes an independent school.

143 Directions under section 142: contractor, agency, etc.

(1) A person shall not arrange for an individual who is subject to a direction under section 142 to carry out work in contravention of the direction.

(2) If the Secretary of State thinks that a person is likely to fail to comply with the duty under this section in relation to work in England, the Secretary of State may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.

(3) If the National Assembly for Wales thinks that a person is likely to fail to comply with the duty under this section in relation to work in Wales, the National Assembly may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.

(4) A direction under subsection (2) shall be enforceable, on the application of the Secretary of State, by a mandatory order.

(5) A direction under subsection (3) shall be enforceable, on the application of the National Assembly, by a mandatory order.

144 Directions under section 142: appeal

(1) A person in respect of whom a direction has been given under section 142 may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999 (c. 14)--

(a) against the decision to give the direction;

(b) against a decision not to vary or revoke the direction.

(2) In a case to which subsection (3) applies, the Tribunal may, on an application for a review of a direction under section 142, revoke the direction.

(3) This subsection applies to a case where--

(a) the direction was given on the grounds that the applicant is unsuitable to work with children,

(b) the applicant has obtained the leave of the Tribunal to apply for a review of the direction, and

(c) the Tribunal is satisfied that the applicant is no longer unsuitable to work with children.

(4) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations--

(a) provide that the Tribunal may not entertain an appeal under this section in so far as the appellant's case is inconsistent with his having been convicted of an offence;

(b) prescribe circumstances in which the Tribunal shall allow an appeal under this section;

(c) prescribe the powers available to the Tribunal on allowing an appeal under this section;

(d) prescribe circumstances in which the Tribunal shall grant an application for leave under this section;

(e) prescribe circumstances in which the Tribunal shall grant an application for a review under this section;

(f) prescribe the powers available to the Tribunal on revoking a direction.

Sections 132to 140: general

145 Specification of qualification or course

(1) A power under sections 132 to 140 to make provision by reference to a specified qualification, a specified course of education or training or a specified programme includes power to make provision--

(a) by reference to a class or description of qualification, course or programme;

(b) by reference to the institution, or class or description of institution, which awards the qualification or provides the course or programme;

(c) which confers discretion on the Secretary of State, the Teacher Training Agency, the General Teaching Council for England, the National Assembly for Wales, the Higher Education Funding Council for Wales, the General Teaching Council for Wales or another specified person.

(2) A discretion under subsection (1)(c) may, in particular, refer to approval or accreditation of a qualification, course, programme or institution.

(3) Regulations made by virtue of subsection (1) may impose a duty on the Teacher Training Agency or the Higher Education Funding Council for Wales.

146 Repeal of sections 218 and 218A of Education Reform Act 1988

Sections 218 and 218A of the Education Reform Act 1988 (c. 40) (school and further and higher education regulations) shall cease to have effect.

1999 Pay Document

147 Application of pay-scale

(1) This section--

(a) applies to the construction of paragraph 18 of the document referred to in article 3 of the Education (School Teachers' Pay and Conditions) (No. 2) Order 1999 (S.I. 1999/2160) (classroom teachers: criteria for position on pay spine) as it had effect from 1st September 1999 to 31st March 2000, and

(b) shall be treated as having come into force on 1st September 1999 (for all purposes including the calculation of pensions).

(2) Where a person is awarded one or more points, he shall be paid the salary shown for the spine point which equates to the number of points awarded.

(3) Where a person is not awarded a point, he shall be paid the salary shown for the lowest spine point.

(4) In paragraph 18.1.1 (good honours degree)--

(a) paragraph (a) shall be ignored,

(b) paragraph (b) shall be treated as applying irrespective of the date of a person's appointment to his first post following qualification as a teacher, and

(c) in paragraph (c) the words "before 1st September has been employed as a qualified teacher and who" shall be ignored.

General Teaching Councils for England and Wales

148 The General Teaching Councils for England and Wales

Schedule 12 (which contains amendments relating to the General Teaching Council for England and the General Teaching Council for Wales) shall have effect.

Part 9 Childcare and nursery education

Childcare

149 Duties of LEA in respect of childcare

(1) After section 118 of the School Standards and Framework Act 1998 (c. 31) there is inserted--

" 118A Duties of LEA in respect of childcare

(1) A local education authority shall review annually the sufficiency of childcare provision for their area.

(2) In carrying out a review for the purposes of subsection (1), a local education authority--

(a) may have regard to any facilities which they expect to be available outside their area for providing childcare; and

(b) shall have regard to any guidance given from time to time by the Secretary of State.

(3) A local education authority shall also establish and maintain a service providing information to the public relating to the provision of childcare and related services in their area.

(4) In relation to the function, form and content of a service established and maintained under subsection (3), a local education authority shall have regard to any guidance given from time to time by the Secretary of State. "

(2) Section 19(1) and (2) of the Children Act 1989 (c. 41) (duty of local authorities in England and Wales to conduct periodic reviews of child care) shall cease to have effect.

150 Early years development and childcare partnerships and plans

(1) In section 119(5) of the School Standards and Framework Act 1998 (c. 31) (functions of early years development partnerships), after paragraph (a) there is inserted--

" (ab) in reviewing the sufficiency of childcare provision for the authority's area for the purposes of section 118A, and " .

(2) In section 120 of that Act (early years development plans), in subsection (2) (content of plan), for paragraph (b) there is substituted--

" (b) a statement which sets out the authority's proposals for providing or promoting the provision of childcare for their area, and

(c) background and supporting statements. "

(3) For subsections (3) and (4) of that section there is substituted--

" (3) The statement mentioned in subsection (2)(a) must deal with such matters, and relate to such period, as may be determined by or in accordance with regulations.

(4) In relation to the form and content of the statements mentioned in subsection (2)(b) and (c) the authority shall have regard to any guidance given from time to time by the Secretary of State. "

(4) In section 121 of that Act (approval, modification and review of statement of proposals)--

(a) in subsection (1), the words "the authority's statement of proposals" shall cease to have effect;

(b) in subsection (2), for "statement" (in each place it occurs) there is substituted "plan";

(c) in subsection (3), for "statement" (where it first occurs) and for "proposals set out in the statement" there is substituted "plan";

(d) in subsection (4), for "statement" (in both places it occurs) there is substituted "plan";

(e) in subsection (5)--

(i) for "statement of proposals" and for "proposals" (in the second place it occurs) there is substituted "plan";

(ii) for "their" there is substituted "its"; and

(iii) in paragraphs (a) and (b), for "statement" (in each place it occurs) there is substituted "plan";

(f) in subsection (6)--

(i) for "statement of proposals", and

(ii) in paragraph (b), for "statement",

there is substituted "plan";

(g) in subsection (7), for "statement" there is substituted "plan";

(h) in subsection (8)--

(i) for "statement of proposals" there is substituted "plan";

(ii) in paragraph (a), for "statement" there is substituted "plan"; and

(iii) in paragraph (c), for "statement" and for "proposals" there is substituted "plan"; and

(i) in subsection (9), for "statement of proposals" (in both places it occurs) there is substituted "plan".

(5) Early years development partnerships are renamed "early years development and childcare partnerships" and early years development plans are renamed "early years development and childcare plans"; accordingly in Part 5 of that Act after "early years development" (in each place it occurs) there is inserted "and childcare".

151 Childcare functions of Her Majesty's Chief Inspector and National Assembly for Wales

(1) The Secretary of State may by order confer on Her Majesty's Chief Inspector of Schools in England such additional functions specified in the order as the Secretary of State considers necessary or expedient to enable Her Majesty's Chief Inspector to approve persons in accordance with criteria determined by or under a scheme made under the Tax Credits Act 2002 (c. 21) for the approval of persons who are to be regarded as providing child care for the purposes of working tax credit.

(2) The National Assembly for Wales shall have any additional function specified in an order made by it which it considers necessary or expedient to enable it to approve persons as mentioned in subsection (1); but the order may only specify a function corresponding to a function which, by virtue of that subsection, is exercisable by Her Majesty's Chief Inspector of Schools in England.

152 Regulation of child minding and day care

Schedule 13 (which makes provision about the regulation of child minding and day care) shall have effect.

Nursery education

153 Powers of LEA in respect of funded nursery education

(1) This section applies where a local education authority, in pursuance of the duty imposed on them by section 118 of the School Standards and Framework Act 1998 (c. 31) (duty of LEA as respects availability of nursery education), makes arrangements with a person (other than the governing body of a maintained school) for the provision by that person of nursery education in consideration of financial assistance provided by the authority under the arrangements.

(2) The local education authority--

(a) must, in making the arrangements, have regard to any guidance given from time to time by the Secretary of State, or (as respects local education authorities in Wales) the National Assembly for Wales, as to provision to be made in such arrangements in respect of the requirements to be met by the provider of the nursery education, and

(b) must exercise their functions with a view to securing that the provider meets any requirements imposed on him by the arrangements.

(3) Subject to any guidance given under subsection (2)(a), the requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local education authority under the arrangements.

(4) In this section--

• "maintained school" means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

• "nursery education" means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).

154 Establishment or alteration of maintained nursery schools

(1) Section 28 of the School Standards and Framework Act 1998 (c. 31) (procedure on proposals to establish, alter or discontinue schools) is amended as follows.

(2) In subsection (1) (local education authority to publish proposals to establish or alter certain schools), after paragraph (a) there is inserted--

" (aa) to establish a new maintained nursery school, or " .

(3) In that subsection, after paragraph (c) there is inserted " or

(d) in the case of a local education authority in Wales, to make any prescribed alteration to a maintained nursery school " .

155 Inspection of nursery education

Schedule 14 (which makes provision about the inspection of nursery education) shall have effect.

156 Meaning of "nursery school" and "primary education"

(1) In section 6(1) of the Education Act 1996 (c. 56) (meaning of "nursery school"), after "used" there is inserted "wholly or".

(2) For section 2(1) of that Act there is substituted--

" (1) In this Act "primary education" means--

(a) full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;

(b) full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and

(c) full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b). "

Part 10 Independent schools

Chapter 1 Regulation of independent schools

Standards

157 Independent school standards

(1) For the purposes of this Chapter, regulations shall prescribe standards about the following matters--

(a) the quality of education provided at independent schools;

(b) the spiritual, moral, social and cultural development of pupils at independent schools;

(c) the welfare, health and safety of pupils at independent schools;

(d) the suitability of proprietors of and staff at independent schools;

(e) the premises of and accommodation at independent schools;

(f) the provision of information by independent schools;

(g) the manner in which independent schools handle complaints.

(2) In this Chapter, "independent school standards" means the standards for the time being prescribed under this section.

Requirement of registration

158 The registers

(1) There shall continue to be--

(a) a register of independent schools in England, and

(b) a register of independent schools in Wales.

(2) The register of independent schools in England shall be kept by the Secretary of State.

(3) The register of independent schools in Wales shall be kept by the National Assembly for Wales.

159 Unregistered schools

(1) A person who conducts an independent school which is not a registered school is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to--

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

(3) No proceedings shall be instituted for an offence under subsection (1) except with the consent of the registration authority.

(4) Where the Chief Inspector has reasonable cause to believe that an offence under subsection (1) is being committed on any premises, he may at any reasonable time--

(a) enter and inspect the premises, and

(b) inspect and take copies of any records or other documents which he has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.

(5) Section 42 of the School Inspections Act 1996 (c. 57) (computer records) applies in relation to the inspection of records or other documents under subsection (4)(b).

(6) It is an offence wilfully to obstruct the Chief Inspector in the exercise of his functions under subsection (4).

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Registration procedure

160 Applications for registration

(1) An application to enter an independent school in the register must--

(a) contain the prescribed information, and

(b) be made to the registration authority by the proprietor of the school in the prescribed manner.

(2) The information prescribed under subsection (1)(a) shall include information as to the following matters relating to the school--

(a) the age range of pupils;

(b) the maximum number of pupils;

(c) whether the school is for male or female pupils or both;

(d) whether the school provides accommodation for pupils;

(e) whether the school admits pupils with special educational needs.

(3) Where the proprietor of an independent school makes an application to the registration authority under this section, the authority shall notify the Chief Inspector.

(4) The Chief Inspector shall then inspect the school and report to the registration authority on the extent to which the independent school standards are met, and are likely to continue to be met, in relation to the school.

161 Determination of applications for registration

(1) Where a school has been inspected under section 160, the registration authority shall, taking into account--

(a) the report of the Chief Inspector under that section, and

(b) any other evidence relating to the independent school standards,

determine whether those standards are met, and are likely to continue to be met, in relation to the school.

(2) The registration authority shall notify the proprietor of a school of any determination made by the authority under this section in relation to the school.

(3) If the registration authority determines under this section that the independent school standards are met, and are likely to continue to be met, in relation to a school, the authority shall enter the school in the register.

(4) An entry in the register for a school shall include --

(a) the name and address of the school,

(b) the name of the proprietor of the school, and

(c) the information supplied pursuant to section 160(2)(a) to (e).

Enforcement of standards after registration

162 Changes to registered details

(1) The registration authority may remove a school from the register if--

(a) there is a material change in relation to the school, and

(b) the change has not been approved under this section or section 167.

(2) For the purposes of subsection (1), "material change", in relation to a school, means--

(a) a change of proprietor,

(b) a change of address, or

(c) a change to the school in respect of any of the matters referred to in section 160(2)(a) to (e).

(3) Applications for approval under this section must be made in writing and, in the case of approval of a change of proprietor, must be made by the proposed new proprietor.

(4) Where an application for approval is made under this section, the registration authority may require the Chief Inspector to--

(a) inspect the school, and

(b) report to the authority on the extent to which, if the change is made, any relevant standard is likely to continue to be met in relation to the school.

(5) In subsection (4), "relevant standard" means any of the independent schools standards specified by the authority for the purposes of that subsection.

(6) The registration authority shall, where an application for approval is made under this section--

(a) approve the change, if the condition in subsection (7) is satisfied, and

(b) in any other case, refuse to approve it.

(7) The condition in this subsection is that the authority is satisfied that, taking into account--

(a) any report under subsection (4), and

(b) any other evidence relating to the independent school standards,

those standards will continue to be met in relation to the school.

163 Power to inspect registered schools

(1) The registration authority may at any time--

(a) require the Chief Inspector to inspect any registered school, or to secure its inspection by one or more registered inspectors, or

(b) arrange for the inspection of any registered school by a body approved by the registration authority for the purposes of this subsection.

(2) The inspection of a school under this section shall relate to--

(a) such of the independent school standards as are, at the time of the inspection, specified by the authority for the purposes of this section in relation to any category of school into which that school falls, or

(b) if the authority so determines, such of the independent school standards as the authority may specify in relation to that school.

(3) A person who conducts an inspection under this section shall--

(a) make a report to the registration authority on the extent to which the school meets the standard or standards to which the inspection relates, and

(b) if the registration authority so requires, arrange for the publication of the report in the prescribed manner.

(4) A report published under subsection (3) is privileged for the purposes of the law of defamation unless the publication is shown to be made with malice (but without prejudice to any privilege subsisting apart from this subsection).

164 Inspections: supplementary

(1) This section applies to the inspection of a school which is conducted by the Chief Inspector or a registered inspector under section 163(1)(a).

(2) If the inspection is conducted by a registered inspector--

(a) he may, by agreement with the Chief Inspector, be assisted by the Chief Inspector, and

(b) he may be assisted by such one or more persons enrolled in the list kept under paragraph 3A of Schedule 3 to the School Inspections Act 1996 (c. 57) as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below.

(3) If the Chief Inspector so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)--

(a) who is without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity, and disregarding any experience which it is reasonable to regard as insignificant), and

(b) whose primary function in the inspection is not that of providing financial or business expertise.

(4) If the inspection is conducted by a registered inspector, it may be monitored by the Chief Inspector.

(5) The person conducting the inspection, any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection shall have at all reasonable times--

(a) a right of entry to the premises of the school, and

(b) a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection.

(6) Section 42 of the School Inspections Act 1996 (c. 57) (computer records) applies in relation to the inspection of records or other documents under subsection (5)(b).

(7) It is an offence wilfully to obstruct a person in the exercise of his functions in relation to the inspection.

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(9) The proprietor of the school shall pay the Chief Inspector, in respect of the inspection, a fee of such amount, and by such time, as may be specified in or determined under regulations.

(10) Where the proprietor fails to comply with subsection (9), the registration authority may remove the school from the register.

(11) The Chief Inspector shall pay the amount of any fee received under subsection (9) into the Consolidated Fund.

165 Failure to meet standards

(1) This section applies where, taking into account--

(a) a report under section 163 in respect of a registered school, or

(b) any other evidence in respect of a registered school,

the registration authority is satisfied that any one or more of the independent school standards is or are not being met in relation to the school.

(2) If the registration authority considers that there is a risk of serious harm to the welfare of pupils at the school, the authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.

(3) Where the registration authority does not make a determination under subsection (2), it shall serve a notice on the proprietor of the school--

(a) identifying the standard or standards in question, and

(b) requiring the proprietor to submit an action plan to the authority before the date specified in the notice (or such later date as the authority may specify after service of the notice).

(4) For the purposes of this section, an action plan is a plan specifying--

(a) the steps that will be taken to meet a standard or standards, and

(b) the time by which each step will be taken.

(5) Where an action plan is submitted in accordance with subsection (3) the registration authority may--

(a) reject it, or

(b) approve it, with or without modifications.

(6) Where an action plan is required under subsection (3) but is not submitted in accordance with that subsection, or is so submitted but rejected, the registration authority may--

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