Education Act 2005 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. Background

  3. Summary and Overview

  4. Territorial Extent

  5. Territorial Application: Wales

  6. Commentary

    1. Part 1: School Inspections and Other Inspections by School Inspectors

      1. Chapter 1 – School Inspectors and School Inspections: England

        1. Section 1: Her Majesty’s Inspectorate of Schools in England

        2. Schedule 1: Her Majesty’s Chief Inspector of Schools in England

        3. Section 2: Functions of Her Majesty’s Chief Inspector of Schools in England

        4. Section 3: Annual and other reports to Secretary of State

        5. Section 4: Powers of entry etc. for purposes of section 2

        6. Section 5: Duty to inspect certain schools at prescribed intervals

        7. Section 6: Duty to notify parents of section 5 inspection

        8. Section 7: Duty to have regard to views of certain persons

        9. Section 8: Inspection at discretion of Chief Inspector

        10. Section 9: Power of Chief Inspector to treat discretionary inspection as section 5 inspection

        11. Section 10: Power of entry etc. for purposes of inspection under section 5 or 8

        12. Section 11: Publication of inspection reports

      2. Chapter 2 – Procedure for Inspections under Chapter 1

        1. Section 13: Duties of Chief Inspector where school causes or has caused concern

        2. Section 14: Destination of reports: maintained schools

        3. Section 15: Measures to be taken by local education authority

        4. Section 16: Destination of reports: non-maintained schools

        5. Section 17: Statement to be prepared by proprietor of school

      3. Chapter 3 – School Inspectors and School Inspections: Wales

        1. Section 19 and Schedule 2: Her Majesty’s Inspectorate of Education and Training in Wales

        2. Section 20: Functions of Chief Inspector

        3. Section 21: Annual and other reports to the Assembly

        4. Section 22: Power of Assembly to establish advisory panel

        5. Section 23: Powers of entry etc. of Chief Inspector

        6. Section 24: Power of Chief Inspector to arrange for inspections

        7. Section 25: Registration of inspectors in Wales

        8. Section 26: Removal from register and imposition or variation of conditions

        9. Section 27 and Schedule 3: Appeals in relation to registration

        10. Section 28 and Schedule 4: Duty to arrange regular inspections of certain schools

        11. Section 29: Publication of inspection reports

        12. Section 30: Payment of fees into Consolidated Fund

      4. Chapter 4 – Procedure for Inspections under Chapter 3

        1. Section 32: Inspections by members of the Inspectorate

        2. Section 33: Duty to report on section 28 inspections

        3. Sections 32-33: Section 28 inspections by registered inspectors and reports of inspections by members of the Inspectorate

        4. Section 36: Timing of section 28 inspections by registered inspectors

        5. Section 37: Duty to notify where inspection shows maintained school causing concern

        6. Section 38: Destination of reports: maintained schools

        7. Section 39: Statement to be prepared by appropriate authority

        8. Section 40: Statement to be prepared by local education authority

        9. Section 41: Destination of reports: non-maintained schools

        10. Section 42: Statement to be prepared by proprietor of school

      5. Chapter 5 – Schools Causing Concern

        1. Section 44: Categories of schools causing concern

        2. Section 45: Cases where Secretary of State or Assembly may direct closure of school

        3. Section 46: Sixth forms requiring significant improvement

        4. Schedule 5: Sixth forms requiring significant improvement

      6. Chapter 6 – Other Inspections: England and Wales

        1. Section 48: Inspection of religious education: England

        2. Section 49: Procedure for inspections under section 48

        3. Section 50 and Schedule 6: Inspection of religious education: Wales

        4. Section 51: Power of LEA to inspect maintained school for specific purpose

        5. Section 52: Provision of inspection services by LEAs in Wales

        6. Section 53: Inspection of child minding, day care and nursery education

        7. Schedule 7: Inspection of child minding, day care and nursery education

        8. Section 54:  Inspection of independent schools

        9. Schedule 8: Amendments relating to inspection of independent schools

        10. Section 55: Inspection of careers services in Wales

        11. Section 56: Inspection of services related to careers services in Wales

        12. Section 57: Inspections under sections 55 and 56

      7. Chapter 7 - Supplementary

        1. Section 58: Inspection of computer records

        2. Section 59: Combined reports

        3. Section 61: Further amendments relating to school inspection

        4. Schedule 9: Amendments relating to school inspections

        5. Section 62: Power of Assembly to change inspection framework for Wales

    2. Part 2: School Organisation

      1. Section 64: Proposals not requiring consent of Secretary of State

      2. Section 65: Publication of proposals with consent of Secretary of State

      3. Section 66 and Schedule 10: Proposals for new secondary schools in England and proposals under section 66 for establishment of secondary schools: supplementary

      4. Section 67 and Schedule 11: Rationalisation of school places in England

      5. Section 68: Proposals for establishment of federated schools

      6. Section 69: LEA not to establish school on opposite side of Welsh border

      7. Section 70: Proposals for discontinuance of rural primary school

      8. Section 71: Proposals relating to maintained special school

      9. Section 72 and Schedule 12: School organisation: further amendments

    3. Part 3: Training the School Workforce

      1. Section 74: The Training and Development Agency for Schools

      2. Section 75:  Functions of the Agency

      3. Section 76:  Powers of the Agency in Wales

      4. Section 77:  Membership etc. of Agency

      5. Schedule 13: The Training and Development Agency for Schools

      6. Sections 78 to 80: Powers of the Agency to provide financial support

      7. Section 81:  Grants to Agency by Secretary of State

      8. Section 82:  Grants to the Agency by the Assembly

      9. Section 83:  Non-funding functions of the Agency

      10. Section 84:  Directions by the Secretary of State and Assembly

      11. Sections 85 to 91: Provisions relating to HEFCW

      12. Section 92:  Joint exercise of functions

      13. Section 94: Duty to provide information

      14. Section 95: Power of maintained schools to provide training for the school workforce

      15. Section 99 and Schedule 14:  Amendments relating to the training of the school workforce

    4. Part 4: Miscellaneous

      1. Maintained schools

        1. Section 101: Funding of maintained schools

        2. Schedule 16: Funding of maintained schools

        3. Section 102: LEA targets: England

        4. Section 103: Removal of requirements for governors’ reports and parents’ meetings

        5. Section 104: School profiles

        6. Section 105: Provision and funding of higher education in maintained schools

        7. Section 106: Admission arrangements to make special provision for looked-after children

        8. Section 107 and Schedule 17: Restrictions on disposal of land

      2. Information

        1. Section 108: supply of information: education maintenance allowances

        2. Section 109: Unauthorised disclosure of information received under section 108

        3. Section 110:  Supply of information: free school lunches etc.

        4. Section 111:  Unauthorised disclosure of information received under section 110

        5. Section 112:  Power to provide that function of determining eligibility remains with LEA

        6. Section 114: Supply of information about school workforce

      3. Attendance at alternative education provision

        1. Section 115: Power of governing body to make alternative provision for excluded pupils

        2. Section 116: Failure of a parent to secure regular school attendance of a child at alternative provision

        3. Section 117: Further amendments

        4. Schedule 18: Further amendments related to Part 4

    5. Part 5: General

      1. Section 124: Power to make further supplementary, consequential provision etc.

  7. Commencement

  8. Hansard References

  9. Territorial Application

  • Explanatory Notes Table of contents

Back to top