Education Act 2005 (c. 18)

(The document as of February, 2008)

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(b) in relation to a place at which a child is required to attend as mentioned in subsection (2)(c) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school.

(8) In this section--

(a) "relevant school" means--

(i) a maintained school,

(ii) a pupil referral unit,

(iii) an Academy,

(iv) a city technology college, or

(v) a city college for the technology of the arts;

(b) "appropriate authority" means--

(i) in relation to a maintained school, the governing body,

(ii) in relation to a pupil referral unit, the local education authority, and

(iii) in relation to a school falling within paragraph (a)(iii), (iv) or (v), the proprietor of the school. "

Supplementary

117 Further amendments relating to Part 4

Schedule 18 contains further amendments related to the provisions of this Part.

118 Meaning of "the 2002 Act" in Part 4

In this Part "the 2002 Act" means the Education Act 2002 (c. 32).

Part 5 General

119 Functions to be exercisable by National Assembly for Wales

(1) Any function conferred on the Secretary of State by the amendments made by the provisions mentioned in subsection (2), so far as exercisable in relation to Wales, is to be taken to have been transferred to the Assembly by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).

(2) Those provisions are--

section 45 (power to direct closure of school);
section 70 (proposals for discontinuance of rural primary school);
section 71 (proposals relating to maintained special school);
section 106 (admission arrangements to make special provision for looked-after children);
Schedule 7 (inspection of child minding, day care and nursery education);
Schedule 16 (funding of maintained schools);
Schedule 17 (restrictions on disposal of land);
Schedule 18 (further amendments related to Part 4).

120 Subordinate legislation: general provisions

(1) Any power to make an order or regulations conferred by this Act on the Secretary of State or the Assembly is exercisable by statutory instrument.

(2) Any power of the Secretary of State or the Assembly to make an order or regulations under this Act includes power--

(a) to make different provision for different cases or areas,

(b) to make provision generally or in relation to specific cases, and

(c) to make such incidental, supplementary, saving or transitional provision as the Secretary of State or the Assembly thinks fit.

(3) Regulations under Part 1 may, in particular, include provision for the designation by the Secretary of State or the Assembly, in accordance with the regulations, of particular schools or categories of school for the purposes of the application of particular provisions of the regulations in relation to such schools.

(4) Any power conferred by this Act to give directions includes power, exercisable in the same manner and subject to the same conditions or limitations, to revoke or vary directions previously given.

121 Parliamentary control of subordinate legislation

(1) Any statutory instrument containing regulations or an order made by the Secretary of State under any provision of this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Subsection (1) does not apply to--

(a) regulations to which subsection (3) applies, or

(b) an order made under section 125 (commencement).

(3) A statutory instrument which contains (whether alone or with other provisions) regulations made by the Secretary of State under section 124 which amend or repeal any part of the text of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

122 General interpretation

(1) In this Act "the Assembly" means the National Assembly for Wales.

(2) Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be read as if those provisions were contained in that Act.

(3) The provisions of this Act referred to in subsection (2) are--

(a) Part 1 (school inspections);

(b) Part 2 (school organisation);

(d) section 108 (supply of information: education maintenance allowances);

(e) section 110 (supply of information: free school lunches, etc.);

(f) section 114 (supply of information about school workforce).

(4) Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of the Education Act 1996 (c. 56), the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

(5) Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

123 Repeals

Schedule 19 contains repeals.

124 Power to make further supplementary and consequential provision etc.

(1) The Secretary of State may at any time by regulations make--

(a) such supplementary, incidental or consequential provision, or

(b) such transitional, transitory or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of Parts 1 to 4 of this Act.

(2) Regulations under subsection (1) may, in particular, make provision--

(a) amending or repealing any enactment passed before, or in the same Session as, this Act, and

(b) amending or revoking any subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made before the passing of this Act.

(3) In relation to Wales, the power to make regulations under subsection (1) is also exercisable by the Assembly.

(4) Nothing in this Act is to be regarded as limiting the generality of subsection (1).

125 Commencement

(1) The following provisions of this Act come into force on the day on which this Act is passed--

(a) in Part 1, sections 62 and 63;

(b) in Part 3--

section 75(5),
section 78(3),
sections 96 and 97,
section 100, and
paragraph 3 of Schedule 15 (and section 99 so far as relating to that paragraph); and

sections 119 to 122,
section 124,
this section, and
sections 126 to 128.

(2) The following provisions of Part 4 come into force at the end of the period of two months beginning with the day on which this Act is passed--

section 102,
sections 107 to 114, and
Schedule 17.

(3) The following provisions come into force on 1st September 2005 or, if this Act is passed after 1st July 2005, at the end of the period of two months beginning with the day on which it is passed--

(a) Part 3 (including Schedules 13 to 15), except the provisions specified in subsection (1)(b), and

(b) Part 3 of Schedule 19 (and section 123 so far as relating to that Part of that Schedule).

(4) The remaining provisions of this Act come into force in accordance with provision made by the appropriate authority (as defined in section 126) by order.

126 The appropriate authority by whom commencement order is made

(1) This section has effect for determining who is the appropriate authority for the purposes of section 125(4).

(2) In relation to Part 1, the appropriate authority is--

(a) the Secretary of State, for the following provisions--

Chapters 1 and 2 (including Schedule 1);
sections 48 and 49;
paragraphs 1 to 4 of Schedule 7 (and section 53 so far as relating to those paragraphs);
paragraphs 1 to 5, 23 and 26 of Schedule 9 (and section 61 so far as relating to those paragraphs),

(b) the Assembly, for the following provisions--

Chapters 3 and 4 (including Schedules 2 to 4);
section 50 (including Schedule 6);
section 52;
sections 55 to 57;
paragraph 5 of Schedule 7 (and section 53 so far as relating to that paragraph);
paragraphs 6, 7, 22, 24, 25 and 27 of Schedule 9 (and section 61 so far as relating to those paragraphs), and

(i) in relation to England, the Secretary of State, and

(ii) in relation to Wales, the Assembly.

(3) In relation to Part 2, the appropriate authority is--

(a) for sections 70 and 71 and paragraph 9 of Schedule 12 (and section 72 so far as relating to that paragraph)--

(i) in relation to England, the Secretary of State, and

(ii) in relation to Wales, the Assembly, and

(b) for the other provisions of the Part, the Secretary of State.

(4) In relation to Part 4, the appropriate authority is--

(a) the Secretary of State, for the following provisions--

sections 103 and 104;
paragraph 8 of Schedule 16 (and section 101 so far as relating to that paragraph);
paragraphs 2 to 4 of Schedule 18 (and section 117 so far as relating to those paragraphs), and

(b) for the other provisions of the Part--

(i) in relation to England, the Secretary of State, and

(ii) in relation to Wales, the Assembly.

(5) In relation to section 123 and Schedule 19, the appropriate authority is--

(a) the Secretary of State, for a repeal contained in Part 2 of the Schedule, and

(b) for a repeal contained in Part 1 or 4 of the Schedule, the appropriate authority for the purposes of section 125(4) in relation to the provision on which the repeal is consequential.

127 Extent

(1) Subject to subsections (2) and (3), this Act extends to England and Wales only.

(2) The following provisions extend also to Scotland and Northern Ireland--

sections 108 and 109 (supply of information: education maintenance allowances),
section 124, so far as relating to those sections, and
the other provisions of this Part except sections 119, 122 and 123.

(3) Any amendment or repeal made by this Act has the same extent as the enactment amended or repealed.

128 Short title, etc.

(1) This Act may be cited as the Education Act 2005.

(2) This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

SCHEDULES

Section 1

SCHEDULE 1 Her Majesty's Chief Inspector of Schools In England

Chief Inspector's other staff

1 The Chief Inspector may appoint such staff, in addition to inspectors who are members of his staff by virtue of section 1(3), as he thinks fit.

Additional inspectors

2 (1) The Chief Inspector may arrange for such persons as he thinks fit to assist him in the discharge of his functions in relation to a particular case or class of case.

(2) Any person assisting the Chief Inspector under any such arrangements is to be known as an additional inspector.

(3) The Chief Inspector must ensure that additional inspectors have the necessary qualifications, experience and skills to assist him in the effective discharge of his functions.

(4) In pursuance of the duty imposed by sub-paragraph (3), the Chief Inspector must publish in such manner as he thinks fit, and may from time to time revise, a statement of--

(a) the qualifications or experience (or both) that are to be required of additional inspectors who are not members of his staff, and

(b) the standards that such additional inspectors are to be required to meet in the exercise of their functions and the skills that they are to be required to demonstrate in the exercise of those functions.

(5) Any arrangements which provide for assistance by persons who are not members of the Chief Inspector's staff must be made on terms that require the person with whom the arrangements are made to secure compliance with any requirements that are from time to time published under sub-paragraph (4).

(6) If the Chief Inspector has entered into arrangements with persons who are not themselves additional inspectors ("inspection service providers") for the provision by the inspection service providers of the services of inspectors, the Chief Inspector must publish, at intervals of not more than 12 months, a list of the names of those persons who, as at a specified date, are currently notified to him by any inspection service provider as persons with whom the inspection service provider proposes to make arrangements for the carrying out of inspections on behalf of the Chief Inspector.

(7) An additional inspector acting within the authority conferred on him by the Chief Inspector has all the powers of one of Her Majesty's Inspectors of Schools in England.

(8) The Chief Inspector may not authorise an additional inspector to conduct an inspection of a school under section 5 unless--

(a) the inspection is to be supervised by one of Her Majesty's Inspectors of Schools in England, or

(b) the additional inspector has previously conducted an inspection under that section under the supervision of one of Her Majesty's Inspectors of Schools in England ("the supervising inspector") to the satisfaction of the supervising inspector.

Remuneration, pensions etc.

3 (1) There are to be paid to the Chief Inspector such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(2) In the case of any such Chief Inspector as may be determined by the Secretary of State, there is to be paid--

(a) such pension, allowance or gratuity to or in respect of him, or

(b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as may be so determined.

(3) If, when any person ceases to hold office as Chief Inspector, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him such sum by way of compensation as may be determined by the Secretary of State.

Official seal

4 The Chief Inspector is to continue to have an official seal for the authentication of documents required for the purposes of his functions.

Performance of functions

5 (1) Subject to sub-paragraph (3) and paragraph 2(8), anything authorised or required by or under this Part of this Act or any other enactment to be done by the Chief Inspector may be done by--

(a) any of Her Majesty's Inspectors of Schools in England,

(b) any other member of his staff, or

who is authorised generally or specially in that behalf by the Chief Inspector.

(2) Without prejudice to the generality of sub-paragraph (1), the references to the Chief Inspector in sections 4 and 10 (powers of entry) include references to any person authorised to act on his behalf under sub-paragraph (1).

(3) The making of any report of an inspection of a school under section 5 which states the opinion that special measures are required to be taken in relation to the school must be personally authorised by--

(a) the Chief Inspector, or

(b) one of Her Majesty's Inspectors of Schools in England who is authorised by the Chief Inspector for the purposes of this sub-paragraph.

Documentary evidence

6 The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief Inspector as if--

(a) he were included in the first column of the Schedule to that Act,

(b) he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and

Section 19

SCHEDULE 2 Her Majesty's Chief Inspector of Education and Training in Wales

Chief Inspector's other staff

1 The Chief Inspector may, with the approval of the Assembly as to numbers and terms and conditions of service, appoint such staff, in addition to inspectors who are members of his staff by virtue of section 19(3), as he thinks fit.

Additional inspectors

2 (1) The Chief Inspector may arrange for such persons as he thinks fit to assist him in the discharge of his functions in relation to a particular case or class of case.

(2) Any person assisting the Chief Inspector under any such arrangements is to be known as an additional inspector.

(3) Any arrangements which provide for assistance by persons who are not members of the Chief Inspector's staff must be made on terms agreed by him with the Assembly.

(4) An additional inspector acting within the authority conferred on him by the Chief Inspector has all the powers of one of Her Majesty's Inspectors of Education and Training in Wales.

Remuneration, pensions etc.

3 (1) There are to be paid to the Chief Inspector such remuneration, and such travelling and other allowances, as the Assembly may determine.

(2) In the case of any such Chief Inspector as may be determined by the Assembly, there is to be paid--

(a) such pension, allowance or gratuity to or in respect of him, or

(b) such contributions or payments towards provision for such a pension, allowance or gratuity,

as may be so determined.

(3) If, when any person ceases to hold office as Chief Inspector, the Assembly determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him such sum by way of compensation as may be determined by the Assembly.

Official seal

4 The Chief Inspector is to continue to have an official seal for the authentication of documents required for the purposes of his functions.

Performance of functions

5 (1) Anything authorised or required by or under this Part of this Act or any other enactment to be done by the Chief Inspector may be done by--

(a) any of Her Majesty's Inspectors of Education and Training in Wales,

(b) any other member of his staff, or

who is authorised generally or specially in that behalf by the Chief Inspector.

(2) Without prejudice to the generality of sub-paragraph (1), the references to the Chief Inspector in section 23 include references to any person authorised to act on his behalf under sub-paragraph (1).

Documentary evidence

6 The Documentary Evidence Act 1868 (c. 37) has effect in relation to the Chief Inspector as if--

(a) he were included in the first column of the Schedule to that Act,

(b) he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and

Section 27

SCHEDULE 3 Registration of inspectors in Wales: tribunals hearing appeals under section 27

Constitution of tribunals

1 (1) A tribunal constituted to hear an appeal under section 27 ("a tribunal") is to consist of--

(a) a chairman appointed by the Lord Chancellor, and

(b) two other members appointed by the Assembly.

(2) To be qualified for appointment as chairman of a tribunal, a person must have a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)).

(3) A person may not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal.

Procedure of tribunals

2 (1) The Assembly may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, tribunals.

(2) The regulations may, in particular, make provision--

(a) as to the period within which, and manner in which, appeals must be brought,

(b) for the holding of hearings in private in prescribed circumstances,

(d) for enabling hearings to be conducted even though a member of the tribunal, other than the chairman, is absent,

(e) as to the disclosure by the appellant, and others, of documents and the inspection of documents,

(f) requiring persons to attend the proceedings and give evidence,

(g) as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f),

(h) authorising the administration of oaths to witnesses,

(i) as to the withdrawal of appeals,

(j) as to costs and expenses incurred by any party to the proceedings, and

(k) authorising preliminary or incidental matters in relation to an appeal to be dealt with by the chairman of the tribunal hearing that appeal.

Staff

3 The Assembly may make such provision as the Assembly thinks fit for--

(a) the allocation of staff for any tribunal,

(b) the remuneration of members of tribunals and the reimbursement of their expenses,

Section 28

SCHEDULE 4 School inspections in Wales under section 28

Interpretation

1 In this Schedule--

"appropriate authority" means--
(a)
in relation to a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, the school's governing body or, if the school does not have a delegated budget, the local education authority, and
(b)
in relation to a school falling within section 28(2)(d), the proprietor of the school;
"inspection" means an inspection under section 28.

Selection of registered inspectors

2 (1) Before entering into any arrangement for an inspection by a registered inspector, the Chief Inspector must invite tenders from at least two persons who can reasonably be expected to tender for the proposed inspection and to do so at arm's length from each other, and each of whom is either--

(a) a registered inspector, or

(b) a person who the Chief Inspector is satisfied would, if his tender were successful, arrange with a registered inspector for the inspection to be carried out.

(2) Before an inspection takes place the Chief Inspector must consult the appropriate authority about the inspection.

Inspection teams

3 (1) Every inspection must be conducted by a registered inspector or member of the Inspectorate with the assistance of a team ("an inspection team"); and no person may act as a member of an inspection team unless--

(a) he is enrolled in the list kept by the Chief Inspector under paragraph 4, or

(b) he is a member of the Inspectorate and (if he is not the Chief Inspector) is authorised so to act by the Chief Inspector.

(2) It is the duty of the inspector conducting the inspection to ensure that--

(a) at least one member of the inspection team is a person--

(i) without personal experience in the management of any school or in the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

(ii) whose primary function on the team is not that of providing financial or business expertise, and

(b) no member of the inspection team falls within a category of person prescribed for the purposes of this sub-paragraph.

(3) Otherwise, the composition of the inspection team is to be determined by the inspector conducting the inspection, subject (in the case of a registered inspector) to his complying with any condition imposed under section 25(4)(c).

(4) Any experience of a kind mentioned in sub-paragraph (2)(a) which it is reasonable to regard as insignificant, having regard to the purposes of sub-paragraph (2), may be ignored by the inspector conducting the inspection.

(5) It is the duty of the inspector conducting the inspection to ensure that no person takes part in an inspection if he has, or has at any time had, any connection with--

(a) the school in question,

(b) any person who is employed at the school,

(d) the proprietor of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that school.

Enrolment of persons to act as team members

4 (1) The Chief Inspector must keep a list of persons who may act as members of an inspection team by virtue of paragraph 3(1)(a) ("the list").

(2) The Chief Inspector may not enrol any person in the list unless, having regard to any conditions that he proposes to impose under section 25(4)(c) (as it applies in accordance with sub-paragraph (4) of this paragraph), it appears to him that that person--

(a) is a fit and proper person for carrying out an inspection, and

(b) will be capable of assisting in an inspection competently and effectively.

(3) An application for enrolment in the list must (except in such circumstances as may be prescribed) be accompanied by the prescribed fee.

(4) Subsections (3)(a), (4), (5)(b) and (6) to (9) of section 25 apply in relation to the enrolment of a person in the list and acting as a member of an inspection team as they apply in relation to the registration of a person under subsection (1) of that section and to acting as a registered inspector, but as if the reference in subsection (5)(b) of that section to the need for registered inspectors were a reference to the need for enrolled persons.

(5) Sections 26 and 27 and Schedule 3 apply in relation to enrolment on the list and to a person so enrolled as they apply in relation to registration under section 25(1) and to a person so registered, but with any necessary modifications.

(6) In its application to an enrolled person in accordance with sub-paragraph (5), section 26 has effect as if the conditions mentioned in subsection (2) of that section were that--

(a) that person is no longer a fit and proper person to act as a member of an inspection team;

(b) he is no longer capable of assisting in an inspection competently and effectively;

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