Legalize / United Kingdom / Public General Act

Education Act 2005

Type Public General Act

Publication 2005-04-07

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) The Chief Inspector has the general duty of keeping the Assembly informed about the quality of the relevant services provided in Wales in accordance with such arrangements or directions.

(3) In subsections (4) to (7) “a service provider” means a person who provides, or arranges for the provision of, relevant services in accordance with such arrangements or directions.

(4) The Chief Inspector must inspect any service provider under this section at prescribed intervals.

(5) When asked to do so by the Assembly, the Chief Inspector must—

(a) give advice to the Assembly on such matters relating to the provision of relevant services in Wales in pursuance of such arrangements or directions as may be specified in the Assembly's request, or

(b) inspect any service provider under this section.

(6) The Chief Inspector may at any time—

(a) give advice to the Assembly relating to the provision of relevant services in Wales in pursuance of such arrangements or directions, or

(b) inspect any service provider under this section.

(7) An inspection of any service provider under this section is to consist of a review of the way in which he is discharging his responsibilities under or by virtue of the arrangements or directions in question, having regard to any guidance given by the Assembly with respect to the provision of relevant services.

(8) In this section and sections 56 and 57—

“the Chief Inspector” means Her Majesty's Chief Inspector for Education and Training in Wales;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Assembly;

“relevant services” has the same meaning as in sections 8 and 9 of the Employment and Training Act 1973 (provision of careers services).

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(1) This section applies if a person (“a relevant provider”) who provides a relevant service to which section 55 applies also provides in Wales education, training or an advisory service—

(a) in pursuance of arrangements made by the Assembly under section 2 of the Employment and Training Act 1973 (c. 50), or

(b) with the assistance of a grant or loan made under section 12(1) of the Industrial Development Act 1982 (c. 52).

(2) The Chief Inspector has the general duty of keeping the Assembly informed about the quality of any education, training or advisory services falling within subsection (1) provided by relevant providers in Wales.

(3) The Chief Inspector must inspect any relevant provider under this section at prescribed intervals.

(4) When asked to do so by the Assembly, the Chief Inspector must—

(a) give advice to the Assembly on such matters relating to the provision of education, training or advisory services falling within subsection (1) by relevant providers, or

(b) inspect any relevant provider under this section.

(5) The Chief Inspector may at any time—

(a) give advice to the Assembly relating to the provision of education, training or advisory services falling within subsection (1) by relevant providers, or

(b) inspect any relevant provider under this section.

(6) An inspection of any relevant provider under this section is to consist of a review of the way in which he is providing the education, training or advisory service falling within subsection (1)(a) or (b).

Inspections under sections 55 and 56: further provisions

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(1) This section applies to any inspection under section 55 or 56.

(2) The inspection must be conducted by one or more of the following—

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

(b) any additional inspector authorised under paragraph 2 of Schedule 2;

but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector's staff) as the Chief Inspector thinks fit.

(3) In conducting the inspection, the inspector or inspectors must act in accordance with any instructions or guidelines given from time to time by the Assembly.

(4) The inspector conducting the inspection, and any person assisting him by virtue of subsection (2), have at all reasonable times—

(a) a right of entry to any premises where the relevant services, or as the case requires the education, training or advisory services falling within section 56(1), are provided, and

(b) a right to inspect, and take copies of, any records or other documents kept by the person being inspected, which he requires for the purposes of the inspection.

(5) It is an offence intentionally to obstruct—

(a) the inspector conducting the inspection, or

(b) any person assisting him by virtue of subsection (2),

in the exercise of his functions in relation to the inspection.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) Where the inspection has been completed, the Chief Inspector must—

(a) prepare a written report on the inspection within a prescribed period,

(b) send a copy of the report to—

(i) the person inspected,

(ii) the Assembly,

(iii) any prescribed person, and

(iv) any other person whom he considers appropriate, and

(c) publish the report in the prescribed manner or, if none is prescribed, in such manner as the Chief Inspector considers appropriate.

(8) Subsections (3) and (4) of section 29 (which relate to defamation) apply to the publication of a report under this section as they apply to the publication of a report under either of the provisions mentioned in subsection (2) of that section.

(9) Regulations may require the person inspected to prepare a written statement in response to the report of the inspection.

(10) Regulations under subsection (9) may—

(a) prescribe the matters to be dealt with in the statement,

(b) prescribe the period within which it must be prepared, and

(c) require the person who prepared it to send copies of the statement to prescribed persons and to publish it in the prescribed manner.

Chapter 7 — Supplementary

Inspection of computer records

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A person authorised by any provision of this Part to inspect records or other documents—

(a) is entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and

(b) may require—

(i) the person by whom or on whose behalf the computer is or has been so used, or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form).

Combined reports

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(1) For the purposes of this section “the inspection enactments” are—

(a) this Part,

(b) Part 2 of the Children and Families (Wales) Measure 2010 (child minding and day care for children),

(c) section 122 of, and Schedule 26 to, the School Standards and Framework Act 1998 (c. 31) (inspection of nursery educationin Wales ), ...

(d) Chapter 1 of Part 10 of the Education Act 2002 (c. 32) (regulation of independent schoolsin Wales), ...

(e) Chapters 2 and 3 of Part 3 of the Childcare Act 2006 (regulation of early years and later years provision in England), and

(f) Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational provision in England).

(2) Where, following inspections conducted under two or more inspection enactments by one person or two or more different persons, that person is (or those persons are) required to make a report under each of those enactments, nothing in any of those enactments is to be regarded as preventing him (or them) from—

(a) including those reports in a single document (“a combined report”), and

(b) to such extent as he considers (or they consider) appropriate, combining the substantive reports required by those enactments.

(2A) Subsection (2) does not apply so as to authorise the making of a combined report by the Chief Inspector for England (as to which section 152 of the Education and Inspections Act 2006 applies instead).

(3) Where a combined report is made, any reference in the inspection enactments to the publication of a report, or to the giving, or making available, to any person of a copy of a report is to be read so far as necessary as a reference to the publication of the combined report, or to the giving or making available to that person of a copy of the combined report.

(4) The Chief Inspector for Walesmay arrange for a combined report to be published in any manner he considers appropriate, but this subsection does not limit any duty as to publication imposed by any of the inspection enactments.

(5) In this section—

“ the Chief Inspector for England ” means Her Majesty's Chief Inspector of Education, Children's Services and Skills; and

“ the Chief Inspector for Wales ” means Her Majesty's Chief Inspector of Education and Training in Wales.

Repeal of School Inspections Act 1996

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The School Inspections Act 1996 (c. 57) (which is superseded by the provisions of this Part) shall cease to have effect.

Further amendments relating to school inspection

61

Schedule 9 contains further amendments related to the provisions of this Part.

Power of Assembly to change inspection framework for Wales

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(1) The Assembly may by order—

(a) make provision in relation to Wales corresponding to—

(i) that made in relation to England by any English inspection provision, or

(ii) that which could be made in relation to England by regulations under any English inspection provision,

(b) repeal any Welsh inspection provision which does not correspond to an English inspection provision, and

(c) make such provision as the Assembly thinks fit in connection with any provision made by virtue of paragraph (a) or (b).

(2) In relation to section 39 (statement to be prepared by appropriate authority for maintained school), the power conferred by paragraph (b) of subsection (1) includes power, instead of repealing the section, to limit the cases in which it applies.

(3) The powers conferred by paragraphs (a) and (c) of subsection (1) include power to amend or repeal any enactment (whenever passed or made), including any provision of this Act.

(4) For the purposes of this section—

(a) an English inspection provision is any provision of—

(i) Chapters 1 and 2,

(ii) sections 48 and 49 (denominational education in England),

(iii) Schedule 26 to the School Standards and Framework Act 1998 (c. 31) (nursery education), so far as relating to England, or

(iv) sections 106 to 113 of the Education and Skills Act 2008 (independent educational institutions in England),

(b) a Welsh inspection provision is any provision of —

(i) Chapters 3 and 4,

(ii) section 50 and Schedule 6 (denominational education in Wales),

(iii) section 52 (provision of inspection services by local authorities in Wales),

(iv) Schedule 26 to the School Standards and Framework Act 1998 (nursery education), so far as relating to Wales, or

(v) sections 163 and 164 of the Education Act 2002 (independent schools in Wales).

(5) In this section “enactment” includes an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978 (c. 30).

Interpretation of Part 1

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(1) In this Part—

“Church of England school”, “Church in Wales school”, “Roman Catholic Church school” and “appropriate diocesan authority”, in each case, have the meaning given by section 142 of the School Standards and Framework Act 1998 (c. 31);

“delegated budget” has the same meaning as in section 49 of the School Standards and Framework Act 1998;

“denominational education” has the meaning given by section 47.

(2) References in this Part to special measures being, or not being, required to be taken in relation to a school are to be read in accordance with section 44(1).

(3) References in this Part to a school requiring, or not requiring, significant improvement are to be read in accordance with section 44(2).

Part 2 — School organisation

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Proposals for new secondary schools in England

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Rationalisation of school places in England

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Proposals for establishment of federated school

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LEA not to establish school on opposite side of Welsh border

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Proposals for discontinuance of rural primary school

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Proposals relating to maintained special school

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School organisation: further amendments

72

Schedule 12 contains further amendments relating to proposals for the establishment, alteration or discontinuance of schools.

Interpretation of Part 2

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Part 3 — Training the school workforce

The Training and Development Agency for Schools

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Functions of Agency

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Functions of Agency in relation to Wales

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Membership etc. of Agency

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Powers of Agency to provide financial support

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Forms of financial support under section 78

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Provisions supplementary to sections 78 and 79

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Grants to Agency by Secretary of State

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Grants to Agency by Assembly

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Non-funding functions of Agency

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Directions by Secretary of State and Assembly

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Funding of teacher training by Higher Education Funding Council for Wales

Qualifying activities and eligible institutions in relation to HEFCW funding

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Grants, loans and other payments by HEFCW

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Provisions supplementary to section 86

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Grants to HEFCW

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Power of HEFCW to carry out or commission research

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Supplementary and ancillary functions of HEFCW

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Directions by Assembly

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Common provisions

Joint exercise of functions

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(1) The Secretary of State ... and any other relevant funding body may exercise any of their functions jointly.

(2) In subsection (1) “other relevant funding body” means ... the Office for Students ... ... or the the Assembly to the extent that it is discharging its functions under Part 2 of the Learning and Skills Act 2000 .

(2A) The reference in subsection (1) to the functions of the Secretary of State is to the functions of the Secretary of State relating to training for members of the school workforce.

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Efficiency studies

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(1) The Secretary of State ... may arrange for the promotion or the carrying out by any person of studies designed to improve economy, efficiency and effectiveness in the management or operations of a qualifying person.

(2) A person promoting or carrying out such studies at the request of the Secretary of State ... may require the qualifying person concerned—

(a) to provide him, or a person authorised by him, with such information, and

(b) to make available to him, or a person authorised by him, for inspection their accounts and such other documents,

as he may reasonably require for that purpose.

(3) In this section “qualifying person” means—

(a) a training provider receiving financial assistance under section 14 of the Education Act 2002 from the Secretary of State, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to provide information

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(3) The persons and bodies mentioned in subsection (4) must—

(a) give the Secretary of State such information as the Secretary of State may require for the purpose of the exercise of the Secretary of State's functions relating to training for members of the school workforce;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The persons and bodies referred to in subsection (3) are—

(a) a person receiving, or who has received or applied for ... financial assistance from the Secretary of State under section 14 of the Education Act 2002;

(b) a local authority.

Provision of training in schools

Power of maintained schools to provide training for the school workforce

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(1) The governing body of a maintained school may—

(a) provide courses of initial or further training for school teachers,

(b) provide courses of training for other members of the school workforce, or

(c) join in partnership with other training providers, or (alone or jointly with other training providers) establish a body, for the purpose of providing training falling within paragraph (a) or (b).

(2) It is immaterial for the purposes of subsection (1) whether or not the training constitutes higher education.

(3) In relation to an exercise of the powers conferred by subsection (1), the governing body has all the same supplementary and incidental powers as it has in relation to the conduct of the school.

(4) Any exercise by the governing body of a maintained school of the powers conferred by this section is not to be treated, for the purposes of Chapter 4 of Part 2 of the School Standards and Framework Act 1998 (c. 31) (financing of maintained schools) as being undertaken for the purposes of the school.

(5) Section 80 of the School Standards and Framework Act 1998 (exercise of power to provide further education) does not apply in relation to any course of training that is provided under this section.

(6) Nothing in this section is to be read as affecting the power of the governing body of a school, as an ordinary incident of the conduct of the school—

(a) to provide training for members of the school workforce who work at the school, or

(b) to participate in the provision of training for members of the school workforce as part of a course provided by another training provider.

Supplementary

Interpretation of references to training

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(1) References in this Part to training, in relation to teachers or other members of the school workforce (including references to the provision of training “for” teachers or other members of the school workforce), include—

(a) any training or education with the object of fitting persons to be teachers or other members of the school workforce, or to be better teachers or other members of the school workforce, and

(b) any assessment related to the award of any qualification or status as a teacher or other member of the school workforce.

(2) References elsewhere in the Education Acts to training, in relation to teachers, include any training or education with a view to fitting persons to be teachers, or better teachers.

Institutions of a denominational character

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Further amendments relating to Part 3

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Schedule 14 contains amendments related to the preceding provisions of this Part.

Transitional and transitory provisions relating to Part 3

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Interpretation of Part 3

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(1) In this Part—

“the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

“maintained school” means—a community, foundation or voluntary school,a community or foundation special school, ora maintained nursery school;

“the school workforce” and “member of the school workforce” are to be read in accordance with subsection (1A);

“training”, in relation to members of the school workforce, is to be read in accordance with section 96(1);

“training provider” means a person who provides training for members of the school workforce.

(1A) For the purposes of this Part, the school workforce consists of the following members—

(a) persons who work in schools, and

(b) other persons who are teachers or who carry out work that consists of or includes teaching.

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

(3) Other expressions, if used in this Part and the Education Act 1996 (c. 56), have the same meaning in this Part as in that Act.

Part 4 — Miscellaneous

Maintained schools

Funding of maintained schools

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Schedule 16 contains amendments relating to the funding by local authorities of schools maintained by them.

LEA targets: England

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(1) The Secretary of State may by regulations require local authorities in England to set annual targets in respect of the educational performance—

(a) of pupils at schools maintained by them, and

(b) of any persons of compulsory school age (whether or not pupils at such schools) who are or have been looked after by them.

(2) Regulations under this section may in particular—

(a) specify the matters in respect of which targets are required to be set;

(b) require proposed targets to be notified to the Secretary of State by a prescribed time;

(i) to modify any proposed target notified to him, or

(ii) to require a local authority to modify the proposed targets and to notify him of the proposed targets as modified;

(d) require the targets to be set by a prescribed time;

(e) require local authorities to publish, in such manner as may be specified in the regulations, any targets which they set.

(3) In subsection (1), “looked after” is to be read in accordance with section 22 of the Children Act 1989 (c. 41).

Removal of requirements for governors' reports and parents' meetings

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(1) In section 30 of the 2002 Act (governors' report and other information)—

(a) in subsections (1) and (2)(a), after “maintained school” insert “ in Wales ”,

(b) in subsections (3) and (4), after “maintained school” insert “ (in England or Wales) ”, and

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

(3) The Assembly may by order—

(a) repeal either or both of the following provisions of the 2002 Act—

(i) section 30(1) and (2) (as amended by subsection (1)(a) of this section), and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) make such amendments of any other enactment as appear to the Assembly to be necessary or expedient in consequence of any repeal made by virtue of paragraph (a).

School profiles

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Provision and funding of higher education in maintained schools

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After section 28 of the 2002 Act insert—

(28A) (1) Subject to subsection (2), the governing body of a maintained school shall have power to arrange the provision to pupils at the school (whether by teachers at the school or other persons) of courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level). (2) A governing body may exercise the power under subsection (1) in relation to a particular pupil only if they are satisfied that the provision to that pupil of the course in question will not to any significant extent interfere with the other education with which he is being provided at the school. (3) The National Assembly for Wales may give, or make arrangements for the giving of, financial assistance to any person in connection with the provision of courses mentioned in subsection (1) by the governing body of a maintained school in Wales. (4) Sections 15 and 16 apply to financial assistance given under subsection (3) as they apply to financial assistance given under section 14. (5) This section has effect notwithstanding section 1(4) of the Education Act 1996 (functions not conferred with respect to higher education).

Admission arrangements to make special provision for looked-after children

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Restrictions on disposal of land

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Schedule 17 contains amendments of Schedule 22 to the School Standards and Framework Act 1998 (which makes provision as to the disposal of land held for the purposes of foundation, voluntary or foundation special schools and as to the property of maintained schools on their discontinuance).

Information

Supply of information: education maintenance allowances

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(1) This subsection applies to information which—

(a) is held for the purposes of functions relating to tax or tax credits—

(i) by the Commissioners of Inland Revenue, or

(ii) by a person providing services to the Commissioners of Inland Revenue, in connection with the provision of those services, or

(b) is held for the purposes of functions relating to social security—

(i) by the Secretary of State or a Northern Ireland department, or

(ii) by a person providing services to the Secretary of State or such a department, in connection with the provision of those services.

(2) Information to which subsection (1) applies may be supplied to a person falling within subsection (3) for use for purposes relating to eligibility for education maintenance allowances.

(3) The following persons fall within this subsection—

(a) the Secretary of State,

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(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a Northern Ireland department,

(e) the Scottish Ministers, and

(f) any person providing services to a person within paragraphs (a) to (e).

(4) Information received by virtue of subsection or this subsection (2) by a person other than the Scottish Ministers may be supplied to a person falling within subsection (5) for use for purposes relating to eligibility for education maintenance allowances.

(5) The following persons fall within this subsection—

(a) the Assembly,

(b) a Northern Ireland department,

(d) any person by whom functions in relation to education maintenance allowances falling within subsection (8)(a) are exercisable by virtue of section 14 or 17 of the 2002 Act,

(e) any person by whom functions under regulations under section 181 of the 2002 Act are exercisable by virtue of section 183 or 184 of that Act, and

(f) any person providing services to the Assembly or a Northern Ireland department.

(6) A person other than the Scottish Ministers may, in making any request for the supply to him of information by virtue of subsection (2) or (4), supply to any person who holds, or is to be supplied with, the information—

(a) the name, address and date of birth of any person to whom the request relates (“the student”),

(b) the name, address and date of birth of—

(i) any parent of the student, or

(ii) any other person whose financial circumstances are relevant to the student's eligibility for an education maintenance allowance, and

(c) any other information (whether relating to the student, any parent of his or any person falling within paragraph (b)(ii)) which is required for the purpose of determining the student's eligibility for an education maintenance allowance.

(7) This section does not limit the circumstances in which information may be supplied apart from this section.

(8) In this section and section 109 “education maintenance allowance” means—

(a) financial assistance under section 14 of the 2002 Act paid to or in respect of a person who is over compulsory school age in connection with his undertaking any course of education or training,

(b) an allowance under section 181 of the 2002 Act,

(c) an award under Article 51(1)(b) of the Education and Libraries (Northern Ireland) Order 1986 (No. 594/NI 3) paid to or in respect of a person who is over compulsory school age (within the meaning of that Order) in connection with his undertaking any course of education or training,

(d) an allowance under section 73(f) of the Education (Scotland) Act 1980 (c. 44) paid to or in respect of a relevant person attending a course of education, other than higher education, or

(e) financial assistance provided under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 (c. 37).

(9) In subsection (8)(d)—

“higher education” has the same meaning as in Part 2 of the Further and Higher Education (Scotland) Act 1992;

“relevant person” means a person who—is deemed to have attained the age of 16 years under section 33 of the Education (Scotland) Act 1980, andhas not, on the first day of the term of the course of education, attained the age of 20 years.

Unauthorised disclosure of information received under section 108

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(1) A person (“X”) who discloses information which he has received by virtue of subsection (2) or (4) of section 108 and which relates to a particular person commits an offence unless the information is disclosed—

(a) in accordance with subsection (4) of that section,

(b) in the course of any duty X has in connection with the exercise of functions relating to eligibility for education maintenance allowances,

(d) for the purpose of instituting, or otherwise for the purposes of, civil or criminal proceedings, or

(e) with consent given by or on behalf of the person to whom the information relates.

(2) It is a defence for a person charged with an offence under subsection (1) to prove that he reasonably believed that his disclosure was lawful.

(3) A person guilty of an offence under subsection is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both;

(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.

(4) In relation to an offence committed before 2 May 2022, the reference in subsection (3)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

(5) The reference in subsection (1)(c) to an enactment includes a reference to an enactment comprised in, or in an instrument made under—

(a) an Act of the Scottish Parliament, or

(b) any Northern Ireland legislation as defined in section 24(5) of the Interpretation Act 1978 (c. 30).

Supply of information: free school lunches etc.

110

(1) This subsection applies to information held for the purposes of functions relating to tax credits—

(a) by the Commissioners of Inland Revenue, or

(b) by a person providing services to them, in connection with the provision of those services.

(2) This subsection applies to information held for the purposes of functions relating to social security—

(a) by the Secretary of State, or

(b) by a person providing services to him, in connection with the provision of those services.

(3) Information to which subsection (1) or (2) applies may be supplied—

(a) to the Secretary of State, or any person providing services to him, or

(b) to the Assembly, or any person providing services to the Assembly,

for use for the purpose of determining eligibility for free school lunches and milk.

(4) Information to which subsection (2) applies may be supplied to a local authority for use for that purpose.

(5) Information received by virtue of subsection (3) may be supplied—

(a) to another person to whom it could have been supplied under that subsection, or

(b) to a local authority,

for use for that purpose.

(6) The references in subsections (4) and (5)(b) to a local authority include references to any person exercising on behalf of such an authority functions relating to eligibility for free school lunches and milk.

(7) For the purposes of this section, a person is eligible for free school lunches and milk if school lunches and milk are required to be provided for him, on request, free of charge—

(a) in accordance with section 512ZB(2) and (3) of the Education Act 1996 (c. 56),

(b) in accordance with regulations under section 342 of that Act (non-maintained special schools), or

(8) In this section, “school lunch” has the same meaning as in section 512 of the Education Act 1996.

(9) This section does not limit the circumstances in which information may be supplied apart from this section.

Unauthorised disclosure of information received under section 110

111

(1) A person (“X”) who discloses information which he has received by virtue of any of subsections (3) to (5) of section 110 and which relates to a particular person commits an offence unless the information is disclosed—

(a) in the case of information received by virtue of subsection (3) of that section, in accordance with subsection (5) of that section,

(b) in the course of any duty X has in connection with the exercise of functions relating to eligibility for free school lunches and milk,

(d) with consent given by or on behalf of the person to whom the information relates.

(2) In subsection (1)(b), “eligibility for free school lunches and milk” is to be read in accordance with section 110(7).

(3) It is a defence for a person charged with an offence under subsection (1) to prove that he reasonably believed that his disclosure was lawful.

(4) A person guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both.

(5) In relation to an offence committed before 2 May 2022, the reference in subsection (4)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

Power to provide that function of determining eligibility remains with LEA

112

In section 512A of the Education Act 1996 (c. 56) (transfer of functions under section 512 of that Act to governing bodies), in subsection (4), for paragraph (b) substitute—

(b) if the duty corresponds to the one mentioned in subsection (2)(b) or (c)— (i) the order may provide that, notwithstanding the other provisions of the order, the function of determining whether pupils at the school fall within section 512ZB(4) is to be exercisable by the local authority, and (ii) section 533(3) shall not apply to school lunches or milk provided by the governing body in pursuance of the order.

Information about the school workforce: introductory

113

(1) Subsections (2) and (3) apply for the purposes of section 114.

(2) “Qualifying worker” means any person who—

(a) is employed at, or otherwise engaged to work at, a school,

(b) does not fall within paragraph (a) but provides, or assists in the provision of, education under a contract of employment or for services where the other party to the contract is—

(i) a local authority, or

(ii) a person exercising a function relating to the provision of education on behalf of such an authority, or

(3) “Qualifying trainee” means a person (other than a qualifying worker as defined in subsection (2)) for whom training as a member of the school workforce is being provided.

(4) In this section—

“contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);

“further education institution” means an institution which is—an institution (other than a school) which provides further education, oran institution within the further education sector;

“member of the school workforce” has the same meaning as in Part 3.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply of information about school workforce

114

(1) Regulations may authorise or require—

(a) the proprietor of a school,

(b) a local authority,

to supply to the relevant person (as defined by subsection (2)) prescribed information relating to persons who are or have been qualifying workers or qualifying trainees, for use by the relevant person for a qualifying purpose.

(2) In subsection (1) “the relevant person” means one or more of the following—

(a) the Secretary of State,

(b) the Assembly, or

(3) Regulations may authorise the Secretary of State or the Assembly to supply to the other or to any prescribed person, for use for a qualifying purpose, prescribed information relating to persons who are or have been qualifying workers or qualifying trainees.

(4) A person may not be prescribed for the purposes of subsection (1)(c), (2)(c) or (3) unless—

(a) in the case of subsection (1)(c) or (2)(c), he appears to the person making the regulations to be exercising functions of a public nature, or

(b) in the case of subsection (3), he appears to the person making the regulations to be exercising such functions or carrying out research which relates to education or training and may be expected to be of public benefit.

(5) For the purposes of this section, information is supplied to a person for use for a qualifying purpose if it is supplied to him for use for—

(a) evaluation, planning, research or statistical purposes, or

(b) any other prescribed purpose.

(6) Regulations may authorise a person falling within subsection (7) to supply to any prescribed person (“the recipient”) any information relating to persons who are or have been qualifying workers or qualifying trainees which—

(a) has been lawfully held by the recipient, or

(b) is information which another person was, or could have been, required (whether by virtue of regulations under this section or otherwise) to supply to the recipient.

(7) The following persons fall within this subsection—

(a) the Secretary of State,

(b) the Assembly, and

(8) Regulations may—

(a) prohibit any person to whom information is supplied by virtue of this section from further disclosing the information otherwise than in prescribed circumstances, ...

(b) in relation to England,provide that section 497 of the Education Act 1996 (c. 56) (default powers of Secretary of State or Assembly) is, in relation to the duties imposed by virtue of this section, to have effect as if—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) any reference to a body to which that section applies included a reference to a prescribed person; and

(c) in relation to Wales, provide that Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) is to have effect as if—

(i) references to a local authority included a reference to a prescribed person,

(ii) duties imposed by virtue of this section were education functions,

(iii) the only relevant ground for intervention were ground 1 in section 21, and

(iv) sections 24 to 27 did not apply.

(9) This section does not limit the circumstances in which information is authorised or required to be supplied apart from this section.

(10) In this section—

“prescribed” means prescribed by regulations;

“regulations” means—in relation to England, regulations made by the Secretary of State, andin relation to Wales, regulations made by the Assembly.

Attendance at alternative educational provision

Power of governing body to make alternative provision for excluded pupils

115

In section 29 of the 2002 Act (additional functions of governing body), in subsection (3) (power to require pupils to attend at other places for purpose of education) for “pupils in attendance at the school” substitute “ registered pupils ”.

Failure of parent to secure regular attendance of child at alternative provision

116

After section 444 of the Education Act 1996 insert—

(444ZA) (1) Where, in the case of a child of compulsory school age who is not a registered pupil at any school— (a) a local authority has made arrangements under section 19 for the provision of education for him otherwise than at a school or at his home, and (b) notice in writing of the arrangements has been given to the child's parent, subsections (1) to (7) of section 444 have effect as if the place at which the education is provided were a school and the child were a registered pupil at that school. (2) Where— (a) a child of compulsory school age has been excluded from a relevant school, (b) he remains for the time being a registered pupil at the school, (c) he is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any instruction or training, and (d) notice in writing of the requirement has been given to the child's parent, subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)). (3) In relation to a maintained school or a pupil referral unit— (a) the reference in subsection (2)(a) to exclusion is a reference to exclusion under section 52 of the Education Act 2002, and (b) the requirement referred to in subsection (2)(c) is a requirement imposed under section 29(3) of that Act. (4) A child shall not be taken to have failed to attend regularly— (a) in a case falling within subsection (1), at the place at which education is provided for him, or (b) in a case falling within subsection (2), at the place at which he is required to attend, unless he has failed to attend regularly since the giving of the notice mentioned in subsection (1)(b) or (2)(d). (5) Section 572, which provides for the methods by which notices may be served under this Act, does not preclude the notice mentioned in subsection (1)(b) or (2)(d) from being given to a child's parent by any other effective method. (6) In proceedings for an offence under section 444 in a case falling within subsection (1) of this section, the parent shall be acquitted if he proves that the child is receiving suitable education otherwise than by regular attendance at a school or at the place mentioned in subsection (1). (7) In section 444 “leave”— (a) in relation to a place at which education is provided as mentioned in subsection (1) of this section, means leave granted by any person authorised to do so by the local authority; (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 authority, and (iii) in relation to a school falling within paragraph (a)(iii), (iv) or (v), the proprietor of the school.

Supplementary

Further amendments relating to Part 4

117

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

Meaning of “the 2002 Act” in Part 4

118

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

Part 5 — General

Functions to be exercisable by National Assembly for Wales

119

(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).

Subordinate legislation: general provisions

120

(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.

Parliamentary control of subordinate legislation

121

(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(2A) or (3) applies, or

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

(2A) This subsection applies to regulations under section 5(4A) (power to prescribe schools exempt from inspection), apart from the first regulations to be made under that subsection.

(2B) A statutory instrument which contains (whether alone or with other provisions) regulations to which subsection (2A) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(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.

General interpretation

122

(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.);

(ea) section 113 (information about the school workforce: introductory);

(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).

Repeals

123

Schedule 19 contains repeals.

Power to make further supplementary and consequential provision etc.

124

(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).

Commencement

125

(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);

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.

The appropriate authority by whom commencement order is made

126

(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);

(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.

Extent

127

(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.

Short title, etc.

128

(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).

SCHEDULE 1

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

SCHEDULE 2

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

SCHEDULE 3

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 Chief Justice after consulting 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 satisfy the judicial-appointment eligibility condition on a 5-year basis.

(3) A person may not be appointed after the day on which he attains the age of 75 to be the chairman of a tribunal.

(3A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a tribunal constituted to hear an appeal under section 27 may act as a member of such a tribunal at the request of its chairman and with the approval of the President of Welsh Tribunals.

(3B) A chairman or other member of a tribunal must vacate office on reaching the age of 75.

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

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,

SCHEDULE 4

Interpretation

1

In this Schedule—

“appropriate authority” means—in relation to a community, foundation or voluntary school, a community ... special school or a maintained nursery school, the school's governing body or, if the school does not have a delegated budget, the local authority, andin 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;

(c) there has been a significant failure on his part to comply with any condition imposed under section 25(4)(c) (as it applies in accordance with sub-paragraph (4)).

(7) Without prejudice to the generality of paragraph 2(1) of Schedule 3, regulations under that provision may provide that, where a person is appealing simultaneously —

(a) against a decision of the Chief Inspector relating to that person's registration, and

(b) against a decision of the Chief Inspector relating to that person's enrolment in the list,

both appeals are to be heard at the same time.

Training for inspections

5

(1) No person who is not a member of the Inspectorate may conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has, in the opinion of the Chief Inspector, satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector.

(2) Where the Chief Inspector provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.

(3) Sub-paragraph (1) does not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector.

Meeting with parents

6

Where an inspection is arranged, the appropriate authority for the school concerned must—

(a) take such steps as are reasonably practicable to notify—

(i) the parents of registered pupils at the school, and

(ii) such other persons as may be prescribed,

of the time when the inspection is to take place, and

(b) arrange a meeting, in accordance with such provisions as may be prescribed, between the inspector conducting the inspection and those parents of registered pupils at the school who wish to attend.

Rights of entry etc.

7

(1) An inspector conducting an inspection, and the members of his inspection team, have at all reasonable times—

(a) a right of entry to the premises of the school concerned, 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 he requires for the purposes of the inspection.

(2) Where—

(a) pupils registered at the school concerned are, by arrangement with another school, receiving part of their education at the other school, and

(b) the inspector is satisfied that he cannot properly discharge his duty under section 28(5) in relation to the school concerned without inspecting the provision made for those pupils at that other school,

sub-paragraph (1) applies in relation to that other school as it applies in relation to the school concerned.

(3) An inspector conducting an inspection of a school, and the members of his inspection team, also have at all reasonable times—

(a) a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by the school, any pupils who—

(i) are registered at the school, and

(ii) have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person (“the provider”);

(b) a right of entry to any premises of the provider used in connection with the provision by him of that education, and

(i) any records kept by the provider relating to the provision of that education, and

(ii) any other documents containing information so relating,

which the inspector or (as the case may be) member of the team requires for the purposes of the inspection.

Offence of obstructing inspector or inspection team

8

(1) It is an offence intentionally to obstruct—

(a) the inspector conducting the inspection, or

(b) a member of an inspection team,

in the exercise of his functions in relation to an inspection of a school.

(2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Replacement of inspector during course of inspection

9

(1) This paragraph applies to an inspection where, at any time—

(a) after the meeting required by paragraph 6 is held, but

(b) before the making of the report of the inspection is completed,

the inspector conducting the inspection becomes (for any reason) unable to continue to discharge his functions as an inspector in relation to the inspection.

(2) If the conditions set out in sub-paragraph (3) are satisfied—

(a) the Chief Inspector may arrange for that person to be replaced as the inspector conducting the inspection by another person who is either a registered inspector or a member of the Inspectorate, and

(b) if he does so, anything done by or in relation to that person in connection with the inspection is, so far as necessary for his effectual replacement by that other inspector, to be regarded as done by or in relation to that other inspector.

(3) The conditions are—

(a) that the appropriate authority for the school concerned have given the Chief Inspector notice in writing of their agreement to the inspector mentioned in sub-paragraph (1) being replaced under this paragraph, and

(b) that the replacement inspector does not have, and has not at any time had, any connection of the kind mentioned in paragraph 3(5) with the school in question or with any other person mentioned there.

SCHEDULE 5

1

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

2

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

3

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

SCHEDULE 6

Interpretation

1

In this Schedule—

“inspection” means an inspection of a school under section 50;

“inspector” means the person conducting the inspection.

Inspectors' reports

2

(1) An inspection must be carried out within such period as may be prescribed.

(2) When an inspection has been completed, the inspector must, before the end of the period prescribed for the purposes of this sub-paragraph, prepare in writing a report of the inspection and a summary of the report.

(3) The inspector must, without delay, send the report and summary to the governing body for the school concerned.

(4) The governing body must—

(a) make any such report and its accompanying summary available for inspection by members of the public, at such times and at such a place as may be reasonable,

(b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

(i) for whom the school provides denominational education, or

(ii) who takes part in an act of collective worship the content of which falls to be inspected under section 50,

as the case may be, receives a copy of the summary as soon as is reasonably practicable.

Action plans

3

(1) The governing body to whom an inspector has reported under this Schedule must, before the end of the prescribed period, prepare a written statement (“the action plan”) of the action which they propose to take in the light of his report and the period within which they propose to take it.

(2) Where an action plan has been prepared by a governing body, they must, before the end of the prescribed period, send copies of it to the person who appoints the school's foundation governors, to the local authority and to such other persons (if any), in such circumstances, as may be prescribed.

(3) The governing body must—

(a) make any action plan prepared by them available for inspection by members of the public, at such times and at such a place as may be reasonable,

(b) provide a copy of the plan, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply) to any person who asks for one, and

(i) for whom the school provides denominational education, or

(ii) who takes part in acts of collective worship the content of which falls to be inspected under section 50,

as the case may be, receives a copy of the plan as soon as is reasonably practicable.

(4) Where the governing body of a school have prepared an action plan, they must include in their governors' report under section 30 of the Education Act 2002 (c. 32) a statement of the extent to which the proposals set out in the plan have been carried into effect.

(5) Sub-paragraph (4) applies only in relation to the most recent action plan for the school in question.

SCHEDULE 7

Part 1 — Child minding and day care: amendments of Children Act 1989

1

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

2

Omit section 79P of the Children Act 1989 (early years child care inspectorate for England).

3

(1) Section 79Q of the Children Act 1989 (inspection of provision of child minding and day care in England) is amended as follows.

(2) In subsection (1), for “provision” substitute “ provider ”.

(3) In subsection (2), omit “or secure the inspection by a registered inspector of”.

(4) In subsection (3), omit “or secure the inspection by a registered inspector of”.

(5) Omit subsection (4).

(6) After subsection (5) insert—

(5A) Regulations may make provision requiring a registered person, except in prescribed cases, to notify prescribed persons of the fact that any child minding or day care provided by the registered person is to be inspected under this section.

(7) For subsection (6) substitute—

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Education Act 2005

Inspection of services related to careers services in Wales

56

Inspections under sections 55 and 56: further provisions

57

Chapter 7 — Supplementary

Inspection of computer records

58

Combined reports

59

Repeal of School Inspections Act 1996

60

Further amendments relating to school inspection

61

Power of Assembly to change inspection framework for Wales

62

Interpretation of Part 1

63

Part 2 — School organisation

Proposals not requiring consent of Secretary of State

64

Publication of proposals with consent of Secretary of State

65

Proposals for new secondary schools in England

66

Rationalisation of school places in England

67

Proposals for establishment of federated school

68

LEA not to establish school on opposite side of Welsh border

69

Proposals for discontinuance of rural primary school

70

Proposals relating to maintained special school

71

School organisation: further amendments

72

Interpretation of Part 2

73

Part 3 — Training the school workforce

The Training and Development Agency for Schools

The Training and Development Agency for Schools

74

Functions of Agency

75

Functions of Agency in relation to Wales

76

Membership etc. of Agency

77

Powers of Agency to provide financial support

78

Forms of financial support under section 78

79

Provisions supplementary to sections 78 and 79

80

Grants to Agency by Secretary of State

81

Grants to Agency by Assembly

82

Non-funding functions of Agency

83

Directions by Secretary of State and Assembly

84

Funding of teacher training by Higher Education Funding Council for Wales

Qualifying activities and eligible institutions in relation to HEFCW funding

85

Grants, loans and other payments by HEFCW

86

Provisions supplementary to section 86

87

Grants to HEFCW

88

Power of HEFCW to carry out or commission research

89

Supplementary and ancillary functions of HEFCW

90

Directions by Assembly

91

Common provisions

Joint exercise of functions