Education Act 2011 - Legislation.gov.uk

1 Education Act 2011 CHAPTER 21 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separatelyEducation Act 2011 CHAPTER 21 CONTENTSPART 1 EARLY YEARS PROVISION1 Free of charge early years provisionPART 2 DISCIPLINE2 Power of members of staff at schools to search pupils3 Power of members of staff at further Education institutions to search students4 Exclusion of pupils from schools in England: review5 Repeal of requirement to give notice of detention to parent: England6 Repeal of duty to enter into behaviour and attendance partnershipPART 3 SCHOOL WORKFORCEA bolition of the General Teaching Council for England7 Abolition of the General Teaching Council for England8 Functions of Secretary of State in relation to teachers9 Requirement for teachers in England to serve induction period10 Abolition of the GTCE: transitional provision11 Abolition of the GTCE: consequential amendments12 Abolition of the GTCE: transfer schemesReporting restrictions13 Restrictions on reporting alleged offences by teachersEducation Act 2011 (c.)

2 21)iiAbolition of the Training and Development Agency for Schools14 Abolition of the Training and Development Agency for Schools15 Training the school workforce: powers of Secretary of State and WelshMinisters16 Abolition of the TDA: consequential amendments17 Abolition of the TDA: transfer schemesAbolition of the School Support Staff Negotiating Body18 Abolition of the School Support Staff Negotiating BodyStaff: minor amendments19 Staffing of maintained schools: suspension of delegated budgetPART 4 QUALIFICATIONS AND THE CURRICULUMI nternational comparison surveys20 Requirement for schools to participate in international surveysOfqual21 The Chief Regulator of Qualifications and Examinations22 The qualifications standards objective23 Enforcement powersQualifications: Wales24 Enforcement powers of Welsh MinistersAbolition of the Qualifications and Curriculum Development Agency25 Abolition of the Qualifications and Curriculum Development Agency26 Abolition of the QCDA: consequential amendments27 Abolition of the QCDA.

3 Transfer schemesCareers Education and guidance28 Education and training support services in England29 Careers guidance in schools in EnglandRepeal of the diploma entitlement30 Repeal of diploma entitlement for 16 to 18 year olds31 Repeal of diploma entitlement for fourth key stageEducation Act 2011 (c. 21)iiiPART 5 EDUCATIONAL INSTITUTIONS: OTHER PROVISIONSR epeal of duties of governing bodies, local authorities and others32 Duty to prepare and publish school profile33 Duty to appoint school improvement partners34 Duties in relation to school admissions35 Duties in relation to school meals etcAdmissions36 Objections to admission arrangementsNew schools37 Establishment of new schoolsGoverning bodies: constitution and dissolution38 Constitution of governing bodies: maintained schools in England39 Discontinuance of federated school: governing body not to be dissolvedStandards40 School inspections: exempt schools41 School inspections.

4 Matters to be covered in Chief Inspector s report42 Inspection of further Education institutions: exempt institutions43 Inspection of boarding accommodation44 Schools causing concern: powers of Secretary of State45 Complaints: repeal of power to complain to Local CommissionerFinance46 Local authorities financial schemes47 Payments in respect of dismissal, etc48 Determination of permitted chargesFurther Education institutions49 Further Education institutions: amendmentsPupil referral units50 Financing of pupil referral units51 Repeal of provision changing name of pupil referral unitsEducation Act 2011 (c. 21)ivPART 6 ACADEMIESA cademy arrangements52 Academies: removal of requirement to have specialism53 Academy arrangements: post-16 Education and alternative provision54 Consequential amendments: 16 to 19 Academies and alternative provisionAcademiesAcademy orders55 Academy orders: involvement of religious bodies etc56 Academies: consultation on conversion57 Academy conversions: federated schools58 Academy orders: local authority powers59 Transfer of property, rights and liabilities to AcademiesAcademies: other provisions60 Academies: new and expanded educational institutions61 Charges at boarding Academies62 Staff at Academies with religious character63 Academies: land64 Academy admissions arrangements.

5 References to adjudicator65 Academies: minor amendmentsPART 7 POST-16 Education AND TRAININGA bolition of the Young People s Learning Agency for England66 Abolition of the Young People s Learning Agency for England67 Abolition of the YPLA: consequential amendments68 Abolition of the YPLA: transfer schemesApprenticeships69 The apprenticeship offer70 Securing the provision of apprenticeship training71 Apprenticeship certificatesThe Chief Executive of Skills Funding72 Consultation by Chief Executive of Skills Funding73 Functions of the Chief Executive of Skills FundingRaising the participation age: commencement74 Duty to participate in Education or training: commencementEducation Act 2011 (c. 21)vPART 8 DIRECT PAYMENTS75 Direct payments: persons with special educational needs or subject tolearning difficulty assessmentPART 9 STUDENT FINANCE76 Student loans: interest rates77 Limit on student fees: part-time coursesPART 10 GENERAL78 Orders and regulations79 Interpretation of Act80 Financial provision81 Extent82 Commencement83 Short titleSchedule 1 Review of exclusions from schools in England: consequentialamendmentsSchedule 2 Abolition of the GTCE: consequential amendmentsSchedule 3 Abolition of the GTCE: transfer schemesSchedule 4 Offence of breach of reporting restrictions: application toproviders of information society servicesSchedule 5 Abolition of the TDA.

6 Consequential amendmentsSchedule 6 Abolition of the TDA: transfer schemesSchedule 7 The Chief Regulator of Qualifications and ExaminationsSchedule 8 Abolition of the QCDA: consequential amendmentsSchedule 9 Abolition of the QCDA: transfer schemesSchedule 10 School admissions: consequential amendmentsSchedule 11 Establishment of new schoolsSchedule 12 Further Education institutions: amendmentsSchedule 13 16 to 19 Academies and alternative provision Academies:consequential amendmentsSchedule 14 Academies: landSchedule 15 Academies: minor amendmentsSchedule 16 Abolition of the YPLA: consequential amendmentsSchedule 17 Abolition of the YPLA: transfer schemesSchedule 18 The apprenticeship offer: consequential amendmentsELIZABETH IIc.

7 21 Education Act 20112011 CHAPTER 21An Act to make provision about Education , childcare, apprenticeships andtraining; to make provision about schools and the school workforce,institutions within the further Education sector and Academies; to abolish theGeneral Teaching Council for England, the Training and DevelopmentAgency for Schools, the School Support Staff Negotiating Body, theQualifications and Curriculum Development Agency and the Young People sLearning Agency for England; to make provision about the Office ofQualifications and Examinations Regulation and the Chief Executive of SkillsFunding; to make provision about student loans and fees; and for connectedpurposes.

8 [15th November 2011 ]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 EARLY YEARS PROVISION1 Free of charge early years provision(1)Part 1 of the Childcare Act 2006 (functions of local authorities in England inrelation to childcare) is amended as set out in subsections (2) and (3).(2)For section 7 (duty to secure prescribed early years provision free of charge)substitute 7 Duty to secure early years provision free of charge in accordance with regulations(1)An English local authority must secure that early years provision ofsuch description as may be prescribed is available free of charge, inBEducation Act 2011 (c.)

9 21)Part 1 Early years provision2accordance with any regulations under this subsection, for each youngchild in their area who (a)is under compulsory school age, and(b)is of such description as may be prescribed.(2)Regulations under subsection (1) may in particular include provisionabout (a)how much early years provision is to be made available inpursuance of the duty imposed by subsection (1);(b)the times at which, and periods over which, early yearsprovision is to be made available in pursuance of that duty.(3)In discharging the duty under subsection (1) a local authority musthave regard to any guidance given from time to time by the Secretaryof State. (3)After section 13 insert 13A Supply of information: free of charge early years provision(1)This subsection applies to information held for the purposes offunctions relating to tax credits (a)by the Commissioners for Her Majesty s Revenue and Customs,or(b)by a person providing services to them, in connection with theprovision of those services.

10 (2)This subsection applies to information held for the purposes offunctions relating to social security (a)by the Secretary of State, or(b)by a person providing services to the Secretary of State, inconnection with the provision of those services.(3)Information to which subsection (1) or (2) applies may be supplied tothe Secretary of State, or a person providing services to the Secretary ofState, for use for the purpose of determining eligibility for free of chargeearly years provision.(4)Information to which subsection (2) applies may be supplied to anEnglish 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 underthat subsection, or(b)to an English local authority,for use for that purpose.