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Education and Inspections Act 2006

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Education and Inspections Act 2006. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background

  3. Summary and Overview

  4. Territorial Extent

  5. Territorial Application: Wales

  6. Commentary

    1. Part 1: Education Functions of Local Authorities

      1. Section 1: Duties in relation to high standards and the fulfilment of potential

      2. Section 2: Duties in relation to diversity and choice

      3. Section 3: Duty to consider parental representations

      4. Section 4: Duty to identify children not receiving education

      5. Section 5: School improvement partners

      6. Section 6: Functions in respect of recreation etc

      7. Schedule 1: Amendments relating to section 6

    2. Part 2: Establishment, Discontinuance Or Alteration of Schools in England

      1. Section 7: Invitation for proposals for establishment of new schools

      2. Section 8:  Proposals under section 7 relating to community or community special schools

      3. Section 9: Consultation and publicity in relation to notice and proposals under Section 7

      4. Section 10: Publication of proposals with consent of Secretary of State

      5. Section 11: Publication of proposals to establish maintained schools: special cases

      6. Section 12: Establishment of a school as a federated school

      7. Section 13: Schools established outside area of relevant LEA

      8. Section 14: LEA in England not to establish a school in Wales

      9. Section 15 and Schedule 2: Proposals for discontinuance of schools maintained by a local education authority

      10. Section 16: Consultation in relation to proposals under section 15

      11. Section 17: Direction requiring discontinuance of community or foundation special school

      12. Section 18: Alterations that may be made under section 19

      13. Section 19: Publication of proposals for alteration of school

      14. Section 20: Restriction on power of governing body to publish foundation proposals

      15. Section 21: Proposals under section 19: procedure

      16. Section 22: Right of governing body to determine own foundation proposals

      17. Section 23: Rights of interested bodies in relation to proposals under section 21

      18. Section 24: Proposals under section 19: implementation

      19. Section 25: Proposals for removal of foundation or reduction in foundation governors

      20. Section 26: Proposals under section 25: procedure

      21. Section 27: Proposals under section 25: implementation

      22. Section 28: Restriction on establishment, alteration or discontinuance of schools

      23. Section 29: Abolition of school organisation committees

      24. Section 30: Amendments relating to school organisation

      25. Section 31: Transitional provisions

      26. Section 32: Interpretation of Part 2

    3. Part 3: Further Provisions about Maintained Schools

      1. Section 33: Requirements as to foundations

      2. Section 34: Parents councils for certain foundation or foundation special schools

      3. Section 35: Funding of voluntary aided schools: meaning of ‘capital expenditure’

      4. Section 36: Disposal and changes of use of land

      5. Schedule 4: Disposals and changes of use of land

      6. Section 37: Staff at foundation or voluntary schools with religious character

      7. Section 38: General duties of governing body of maintained school

      8. Section 39: General restriction on selection by ability

      9. Section 40: Code for school admissions

      10. Section 41: Role of admission forums

      11. Section 42: Support for parental preferences

      12. Section 43: Duty of governing body to implement decisions relating to admissions

      13. Section 44: Prohibition on interviews

      14. Section 45: Admission arrangements for schools with religious character: consultation and objections

      15. Section 46: Restriction on alteration of admission arrangements

      16. Section 47: Objections to admission arrangements

      17. Section 48: Looked after children to whom section 87(2) of SSFA 1998 applies

      18. Section 49: Procedure for giving direction under section 96 of SSFA 1998

      19. Section 50: Direction to admit looked after child to specified school

      20. Section 51: Directions to admit child to specified school: supplementary provisions

      21. Section 52: Power of Assembly to make regulations about looked after children

      22. Section 53: Schools with pre-1998 arrangements for selection by ability or aptitude

      23. Section 54: Pupil banding

      24. Section 55: Right of sixth-form pupils to be excused from attendance at religious worship

      25. Section 56: Charges for music tuition

      26. Section 57: School funding

      27. Section 58: Removal of requirement to issue code of practice as to relationships between LEAs and maintained schools in England etc

    4. Part 4: Schools Causing Concern

      1. Section 59: Meaning of "maintained school" and "eligible for intervention"

      2. Section 60:  Warning notice by local education authority

      3. Section 61: School requiring significant improvement

      4. Section 62: School requiring special measures

      5. Section 63: Power of LEA to require governing body to enter into arrangements

      6. Section 64: Power of LEA etc. to appoint additional governors

      7. Section 65: Power of LEA to provide for governing body to consist of interim executive members

      8. Section 66: Power of LEA to suspend right to delegated budget

      9. Section 67: Power of Secretary of State to appoint additional governors

      10. Section 68: Power of Secretary of State to direct closure of school

      11. Section 69: Power of Secretary of State to provide for governing body to consist of interim executive members

      12. Section 70: Governing bodies consisting of interim executive members

      13. Schedule 6: Governing bodies consisting of interim executive members

      14. Section 71: Amendments relating to schools causing concern

      15. Schedule 7, Part 1: Amendments relating to schools causing concern

      16. Schedule 7, Part 2: Minor and consequential amendments

      17. Section 72: Duty of LEA to have regard to guidance

    5. Part 5: Curriculum and Entitlements

      1. Section 74: Curriculum requirements for the fourth key stage

      2. Section 75: Education and training to satisfy entitlements

    6. Part 6: School Travel and School Meals

      1. Section 76: LEAs in England: duty to promote sustainable modes of travel etc

      2. Section 77: LEAs in England: provision of travel arrangements etc for children

      3. Schedule 8: Travel to schools etc: meaning of eligible child

      4. Section 78: LEAs in England: school travel schemes

      5. Schedule 9: School Travel Schemes

      6. Section 79: Piloting of school travel scheme provisions

      7. Section 80: Power to repeal school travel scheme provisions etc

      8. Section 81: Local education authorities in England: provision of transport etc for certain adult learners

      9. Section 82: Amendments of section 444 EA 1996 relating to school travel

      10. Section 83: Learning and Skills Council for England: transport etc for persons of sixth form age

      11. Section 84: LEAs in England: duty to have regard to religion or belief in exercise of travel functions

      12. Section 85: Further amendments relating to travel to schools etc.

      13. Section 86: Provision of food and drink on school premises etc.

      14. Section 87: Power to charge for provision of meals etc

    7. Part 7: Discipline, Behaviour and Exclusion

      1. Section 88: Responsibility of governing body for discipline

      2. Section 89: Determination by head teacher of behaviour policy

      3. Section 90: Meaning of “disciplinary penalty”

      4. Section 91: Enforcement of disciplinary penalties: general

      5. Section 92: Enforcement of disciplinary penalties: detention outside normal school sessions

      6. Section 93: Power of members of staff to use force

      7. Section 94: Defence where confiscation lawful

      8. Section 95: Interpretation of Chapter 1

      9. Section 96: Repeals consequential on provisions of Chapter 1

      10. Section 97: Parenting contracts

      11. Section 98: Parenting orders in cases of exclusion or misbehaviour

      12. Section 99: Parenting contracts and parenting orders: further provisions

      13. Section 100: Duty of governing body or proprietor where pupil excluded for fixed period

      14. Section 101: Duty of local education authority in relation to excluded pupils

      15. Section 102: Reintegration interviews

      16. Section 103: Duty of parent in relation to excluded pupil

      17. Section 104: Notice to parent relating to excluded pupil

      18. Section 105: Penalty notice in respect of presence of excluded pupil in public place

      19. Section 106: Penalty notices: supplemental

      20. Section 107: Penalty notices: amendments of Police Reform Act 2002

      21. Section 108: Removal of excluded pupils to designated premises

      22. Section 109: Failure to secure school attendance

      23. Section 110: Sums received under section 444A of 1996 Act

      24. Section 111: Meaning of “maintained school" and "relevant school" in Chapter 2

    8. Part 8 – Inspections

      1. Chapter 1 – The Office and the Chief Inspector

        1. Section 112: Office for Standards in Education, Children’s Services and Skills

        2. Schedule 11: The Office for Standards in Education, Children’s Services and Skills

        3. Section 113: Her Majesty’s Chief Inspector of Education, Children’s Services and Skills

        4. Section 114: Her Majesty’s Inspectors of Education, Children’s Services and Skills

        5. Section 115: Further provision about Chief Inspector and other inspectors etc.

        6. Schedule 12: The Chief Inspector and other inspectors

        7. Schedule 12, Part 1 – The Chief Inspector

        8. Schedule 12, Part 2 – Inspectors etc. acting on behalf of Chief Inspector

        9. Section 116: Functions of the Office

        10. Section 117: Performance of Office’s functions

        11. Section 118: Functions of the Chief Inspector

        12. Section 119: Performance of Chief Inspector’s functions

        13. Section 120: Children’s Rights Director

        14. Section 121: Annual report and other reports to Secretary of State

      2. Chapter 2 – General transfer of functions

        1. Section 122: General transfer of functions to the Chief Inspector

      3. Chapter 3 – Inspection of Further Education and Training etc

        1. Section 123: Education and training to which this Chapter applies

        2. Section 124: Inspection of education and training to which this Chapter applies

        3. Section 125: Inspection of further education institutions

        4. Section 126: Other inspections

        5. Section 127: Action plans

        6. Section 128: Area inspections

        7. Section 129:  Reports of area inspections

        8. Section 130:  Action plans following area inspections

        9. Section 131: Power of entry

        10. Section 132: Power to inspect documents, etc.

        11. Section 133: Framework for inspections

        12. Section 134: Abolition of Adult Learning Inspectorate

      4. Chapter 4 – Inspection and review of Local Authorities in England

        1. Section 135: Functions to which this Chapter applies and related activities

        2. Section 136: Inspection of local authorities in England

        3. Section 137: Reports of inspections under section 136

        4. Section 138: Annual reviews of local authorities in England

        5. Section 139: Power of entry

        6. Section 140: Power to inspect documents etc.

        7. Section 141: Power to require information etc.

        8. Section 142: Interpretation etc.

      5. Chapter 5 – Inspection of CAFCASS functions

        1. Section 143: Inspection of CAFCASS functions

        2. Section 144: Power of entry

        3. Section 145: Power to inspect documents etc.

      6. Chapter 6 – Further provisions relating to functions of Chief Inspector

        1. Section 146: Inspection of secure training centres

        2. Section 147: Inspection of premises in connection with adoption and fostering functions

        3. Section 148: Transfer of certain CSCI functions to the Chief Inspector

        4. Section 149: Interaction with other authorities

        5. Schedule 13: Interaction with other authorities

        6. Section 150: Evidence of authority

        7. Section 151: Publication of inspection reports

        8. Section 152: Combined reports

        9. Section 153 – Use of information

      7. Chapter 7 – Miscellaneous and supplementary

        1. Section 154: Duty to report on contribution of certain schools to community cohesion

        2. Section 155: Payment of annual fee to the Chief Inspector by local authorities

        3. Section 156: Removal of HMICA’s duty to inspect performance of Assembly’s functions relating to family proceedings

        4. Section 157: Minor and consequential amendments

        5. Schedule 14: Minor and consequential amendments relating to Part 8

        6. Section 158: Transitional provisions

        7. Schedule 15: Transitional provisions relating to Part 8

        8. Section 159: Interpretation of Part 8

    9. Part 9: Miscellaneous

      1. Section 160: Power of Chief Inspector to investigate complaints by parents about schools

      2. Section 161 and Schedule 16: Powers to facilitate innovation

      3. Section 162: Power to repeal references to "local education authority" and “children’s services authority” etc.

      4. Section 163: Provision of advice by adjudicator

      5. Section 164: Provision of information about children receiving funded education outside school

      6. Section 165: Power of members of staff of further education institutions to use force

      7. Section 166: Collaboration arrangements: maintained schools and further education bodies

      8. Section 167: Consultation with young pupils

      9. Section 168: Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

      10. Section 169: Prohibition on participation in management of independent school

      11. Section 170: Prohibition on participation in management: supplementary

      12. Section 171: Prohibition on participation in management; transitional provisions.

      13. Section 172: Offences relating to independent schools.

      14. Section 173: Special educational needs co-ordinators

      15. Section 174: Time limits relating to statements of special educational needs

      16. Section 175: Miscellaneous amendments relating to schools in Wales

      17. Section 176: Support schemes relating to education and training for persons aged 10 to 15

      18. Section 177: University bodies: amendments of section 29 of Leasehold Reform Act 1967

    10. Part 10: General

      1. Section 178: Framework power relating to Wales

      2. Section 179: Restrictions on framework power conferred by section 178

      3. Section 180: Functions to be exercisable by National Assembly for Wales

      4. Section 183: Power to make consequential and transitional provision etc.

  7. Commencement

  8. Hansard References

  9. ANNEX A – TERRITORIAL APPLICATION

  10. ANNEX B - DIFFERENCES BETWEEN FOUNDATION AND COMMUNITY SCHOOLS

  • Explanatory Notes Table of contents

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Explanatory Notes

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