Part 11E+WMiscellaneous and General

Education and training outside schoolsE+W

177 Meaning of “secondary education”E+W

(1)Section 2 of the Education Act 1996 (c. 56) (definition of primary, secondary and further education) is amended as follows.

(2)In subsection (2B) (which extends “secondary education” to include education received partly at a school and partly at another institution)—

(a)in paragraph (b), after “another institution” there is inserted “ or any other establishment ”, and

(b)after “other institution” there is inserted “ or establishment ”.

(3)After subsection (6) there is inserted—

“(6A)In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.”

(4)The Education Acts shall have effect in their application to persons receiving secondary education within section 2(2B) of the Education Act 1996 (c. 56) with such modifications as may be specified in an order under this subsection.

(5)The power to make an order under subsection (4) is exercisable—

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

(b)in relation to Wales, by the National Assembly for Wales.

178 Training and education provided in the workplace for 14 to 16 year oldsE+W

(1)The Learning and Skills Act 2000 (c. 21) is amended as follows.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 83 (area inspections in Wales)—

(a)in subsection (1)(a) for “16” there is substituted “ 15 ”, and

(b)after subsection (10) there is inserted—

“(11)In subsection (1)(a) “persons who are aged 15” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “school” and “school year” have the same meaning as in the Education Act 1996.”

F3179 Rights of entry in relation to inspectionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

180 Inspections of [F4local authorities]: rights of entry etc.E+W

For section 40 of the Education Act 1997 (c. 44) (inspector’s rights of entry etc.) there is substituted—

“40 Inspector’s rights of entry etc.

(1)This section applies where a [F5local authority] are inspected under section 38.

(2)The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

(a)the premises of the [F5local authority],

(b)the premises of any school maintained by the authority, and

(c)any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school.

(3)The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

(a)any records kept by, and any other documents containing information relating to, the [F5local authority] or any school maintained by the authority, and

(b)any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

(4)Section 42 of the School Inspections Act 1996 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

(5)Without prejudice to subsections (2) and (3), the [F5local authority] and the governing body of any school maintained by the authority—

(a)shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

(b)shall secure that all such assistance is also given by persons who work at the school.

(6)It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

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

(8)In this section—

• “document” and “records” each include information recorded in any form; and

• “relevant section 19 education” means education provided to a child by virtue of arrangements made by the [F5local authority] under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).”