Education Act 2005 - Legislation.gov.uk

1 Education Act 2005 CHAPTER 18 CONTENTSPART 1 SCHOOL INSPECTIONS AND OTHER INSPECTIONS BY SCHOOL INSPECTORSCHAPTER 1 SCHOOL INSPECTORS AND SCHOOL INSPECTIONS: ENGLANDHer Majesty s Inspectorate for England1 Her Majesty s Inspectorate of Schools in England2 Functions of Her Majesty s Chief Inspector of Schools in England3 Annual and other reports to Secretary of State4 Powers of entry etc. for purposes of section 2 Inspections5 Duty to inspect certain schools at prescribed intervals6 Duty to notify parents of section 5 inspection7 Duty to have regard to views of certain persons8 Inspection at discretion of Chief Inspector9 Power of Chief Inspector to treat other inspection as section 5 inspection10 Power of entry etc. for purposes of inspection under section 5 or 8 Publication of inspection reports11 Publication of inspection reportsInterpretation of Chapter12 Interpretation of Chapter 1 Education Act 2005 (c. 18)iiCHAPTER 2 PROCEDURE FOR INSPECTIONS UNDER CHAPTER 1 Inspections and reports: all schools13 Duties of Chief Inspector where school causes or has caused concernDestination of reports and measures required: maintained schools14 Destination of reports: maintained schools15 Measures to be taken by local Education authorityDestination of reports and measures required: non-maintained schools16 Destination of reports: non-maintained schools17 Statement to be prepared by proprietor of schoolInterpretation of Chapter18 Interpretation of Chapter 2 CHAPTER 3 SCHOOL INSPECTORS AND SCHOOL INSPECTIONS: WALESHer Majesty s Inspectorate for Wales19 Her Majesty s Inspectorate of Education and Training in Wales20 Functions of Chief Inspector21 Annual and other reports to Assembly22 Power of Assembly to establish advisory panel23 Powers of entry etc.

2 Of Chief Inspector24 Power of Chief Inspector to arrange for inspectionsRegistered inspectors25 Registration of inspectors in Wales26 Removal from register and imposition or variation of conditions27 Appeals in relation to registrationInspections by registered inspectors and members of the Inspectorate28 Duty to arrange regular inspections of certain schoolsPublication of inspection reports29 Publication of inspection reportsReceipts30 Payment of fees into Consolidated FundEducation Act 2005 (c. 18)iiiInterpretation of Chapter31 Interpretation of Chapter 3 CHAPTER 4 PROCEDURE FOR INSPECTIONS UNDER CHAPTER 3 Introductory32 Inspections by members of the InspectorateInspections and reports: all schools33 Duty to report on section 28 inspections34 Section 28 inspections by registered inspectors35 Reports of inspections by members of the Inspectorate36 Timing of section 28 inspections by registered inspectorsDestination of reports and measures required: maintained schools37 Duty to notify where inspection shows maintained school causing concern38 Destination of reports: maintained schools39 Statement to be prepared by appropriate authority for school40 Statement to be prepared by local Education authorityDestination of reports and measures required: non-maintained schools41 Destination of reports.

3 Non-maintained schools42 Statement to be prepared by proprietor of schoolInterpretation of Chapter43 Interpretation of Chapter 4 CHAPTER 5 SCHOOLS CAUSING CONCERN44 Categories of schools causing concern45 Cases where Secretary of State or Assembly may direct closure of school46 Sixth forms requiring significant improvementCHAPTER 6 OTHER INSPECTIONS: ENGLAND AND WALESI nspection of religious education47 Meaning of denominational Education 48 Inspection of religious Education : England49 Procedure for inspections under section 4850 Inspection of religious Education : WalesEducation Act 2005 (c. 18)ivLEA inspections51 Power of LEA to inspect maintained school for specific purpose52 Provision of inspection services by LEAs in WalesInspection of child minding, day care and nursery education53 Inspection of child minding, day care and nursery educationInspection of independent schools54 Inspection of independent schoolsInspection of careers services in Wales55 Inspection of careers services in Wales56 Inspection of services related to careers services in Wales57 Inspections under sections 55 and 56.

4 Further provisionsCHAPTER 7 SUPPLEMENTARY58 Inspection of computer records59 Combined reports60 Repeal of School Inspections Act 199661 Further amendments relating to school inspection62 Power of Assembly to change inspection framework for Wales63 Interpretation of Part 1 PART 2 SCHOOL ORGANISATION64 Proposals not requiring consent of Secretary of State65 Publication of proposals with consent of Secretary of State66 Proposals for new secondary schools in England67 Rationalisation of school places in England68 Proposals for establishment of federated school69 LEA not to establish school on opposite side of Welsh border70 Proposals for discontinuance of rural primary school71 Proposals relating to maintained special school72 School organisation: further amendments73 Interpretation of Part 2 PART 3 TRAINING THE SCHOOL WORKFORCEThe Training and Development Agency for Schools74 The Training and Development Agency for Schools75 Functions of Agency76 Functions of Agency in relation to Wales77 Membership etc.

5 Of AgencyEducation Act 2005 (c. 18)v78 Powers of Agency to provide financial support79 Forms of financial support under section 7880 Provisions supplementary to sections 78 and 7981 Grants to Agency by Secretary of State82 Grants to Agency by Assembly83 Non-funding functions of Agency84 Directions by Secretary of State and AssemblyFunding of teacher training by Higher Education Funding Council for Wales85 Qualifying activities and eligible institutions in relation to HEFCW funding86 Grants, loans and other payments by HEFCW87 Provisions supplementary to section 8688 Grants to HEFCW89 Power of HEFCW to carry out or commission research90 Supplementary and ancillary functions of HEFCW91 Directions by AssemblyCommon provisions92 Joint exercise of functions93 Efficiency studies94 Duty to provide informationProvision of training in schools95 Power of maintained schools to provide training for the school workforceSupplementary96 Interpretation of references to training97 Institutions of a denominational character98 Further amendments relating to Part 399 Transitional and transitory provisions relating to Part 3100 Interpretation of Part 3 PART 4 MISCELLANEOUSM aintained schools101 Funding of maintained schools102 LEA targets.

6 England103 Removal of requirements for governors reports and parents meetings104 School profiles105 Provision and funding of higher Education in maintained schools106 Admission arrangements to make special provision for looked-after children107 Restrictions on disposal of landInformation108 Supply of information: Education maintenance allowances109 Unauthorised disclosure of information received under section 108 Education Act 2005 (c. 18)vi110 Supply of information: free school lunches disclosure of information received under section 110112 Power to provide that function of determining eligibility remains with LEA113 Information about the school workforce: introductory114 Supply of information about school workforceAttendance at alternative educational provision115 Power of governing body to make alternative provision for excluded pupils116 Failure of parent to secure regular attendance of child at alternative provisionSupplementary117 Further amendments relating to Part 4118 Meaning of the 2002 Act in Part 4 PART 5 GENERAL119 Functions to be exercisable by National Assembly for Wales120 Subordinate legislation.

7 General provisions121 Parliamentary control of subordinate legislation122 General interpretation123 Repeals124 Power to make further supplementary and consequential provision appropriate authority by whom commencement order is made127 Extent128 Short title, 1 Her Majesty s Chief Inspector of Schools In EnglandSchedule 2 Her Majesty s Chief Inspector of Education and Training inWalesSchedule 3 Registration of inspectors in wales : tribunals hearing appealsunder section 27 Schedule 4 School inspections in wales under section 28 Schedule 5 Sixth forms requiring significant improvementSchedule 6 Inspections of denominational Education in WalesSchedule 7 Inspection of child minding, day care and nursery educationPart 1 Child minding and day care : amendments of Children Act1989 Part 2 Nursery Education : amendments of School Standards andFramework Act 1998 Schedule 8 Inspection of independent schoolsSchedule 9 Further amendments relating to school inspectionSchedule 10 Proposals under section 66 for establishment of secondaryschools: supplementaryPart 1 IntroductoryPart 2 Approval of proposals by school organisation committee oradjudicatorEducation Act 2005 (c.)

8 18)viiPart 3 Determination by LEA whether to implement proposalsPart 4 Implementation of proposalsSchedule 11 Rationalisation of school places in EnglandPart 1 IntroductoryPart 2 Directions to bring forward proposalsPart 3 Proposals by Secretary of StatePart 4 Procedure for dealing with proposals under paragraph 7 Part 5 Transitional exemption orders for purposes of SexDiscrimination Act 1975 Schedule 12 School organisation: further amendmentsSchedule 13 The Training and Development Agency for SchoolsSchedule 14 Amendments relating to the training of the school workforceSchedule 15 Transitional and transitory provisions relating to Part 3 Schedule 16 Funding of maintained schoolsSchedule 17 Foundation, voluntary and foundation special schools:disposal of landSchedule 18 Further amendments related to provisions of Part 4 Schedule 19 RepealsPart 1 School inspectionsPart 2 School organisationPart 3 Training the school workforcePart 4 Repeals relating to Part 4 ELIZABETH IIc.

9 18 Education Act 20052005 CHAPTER 18An Act to make provision about the inspection of schools, child minding, daycare, nursery Education and careers services ; to make other provision aboutschool Education ; to make provision about the training of persons who workin schools and other persons who teach, about the supply of personalinformation for purposes related to Education and about the attendance ofchildren at educational provision outside schools; and for connected purposes.[7th April 2005 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 SCHOOL INSPECTIONS AND OTHER INSPECTIONS BY SCHOOL INSPECTORSCHAPTER 1 SCHOOL INSPECTORS AND SCHOOL INSPECTIONS: ENGLANDHer Majesty s Inspectorate for England1 Her Majesty s Inspectorate of Schools in England(1)Her Majesty may by Order in Council appoint a person to the office of HerMajesty s Chief Inspector of Schools in England ( the Chief Inspector ).

10 (2)Her Majesty may by Order in Council appoint persons as Her Majesty sInspectors of Schools in Act 2005 (c. 18)Part 1 School inspections and other inspections by school inspectorsChapter 1 School inspectors and school inspections: England2(3)Any person appointed as one of Her Majesty s Inspectors of Schools inEngland is to serve, in accordance with the terms and conditions on which heis appointed, as a member of the staff of the Chief Inspector.(4)The Chief Inspector holds and vacates office in accordance with the terms of hisappointment, but (a)must not be appointed for a term of more than five years,(b)may at any time resign by giving written notice to the Secretary of State,and(c)may be removed from office by Her Majesty on the ground ofincapacity or misconduct.(5)The previous appointment of a person as Chief Inspector does not affect hiseligibility for appointment.(6)Schedule 1 makes further provision about the Chief Inspector and his of Her Majesty s Chief Inspector of Schools in England(1)The Chief Inspector has the general duty of keeping the Secretary of Stateinformed about (a)the quality of the Education provided by schools in England,(b)how far that Education meets the needs of the range of pupils at thoseschools,(c)the educational standards achieved in those schools,(d)the quality of the leadership in and management of those schools,including whether the financial resources made available to thoseschools are managed efficiently,(e)the spiritual, moral, social and cultural development of pupils at thoseschools,(f)the contribution made by those schools to the well-being of thosepupils,(g)the extent to which those schools are developing rigorous internalprocedures of self-evaluation, and(h)the behaviour and attendance of pupils at those schools.