UKPGA-2006-40 Education and Inspections Act 2006 UK

In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading preceding section 437 insert—

In section 437 of EA 1996, in subsection (8) omit the definition of “suitable education”.

In section 580 of EA 1996 (index) for the entry in the second column which relates to the expression “suitable education (in Chapter 2 of Part 6)” substitute “ section 436A(3) ”.

Before section 508 of EA 1996 (functions of local authority in respect of facilities for recreation and social and physical training), and immediately after the cross-heading which precedes that section, insert—

Schedule 1 contains amendments related to the provision made by subsection (1).

This section applies where a local authority in England think that a new school, other than a maintained nursery school, should be established in their area.

The local authority must (subject to subsection (2A)) publish a notice under this section inviting proposals from persons other than local authorities for the establishment of a new school falling within subsection (2).

The schools falling within this subsection are—other than a school providing education suitable only to the requirements of persons above compulsory school age.

A local authority are not required to publish a notice under this section (but may do so) if—

A notice under this section must—

Proposals made pursuant to a notice under this section must—

After the date specified in a notice published by a local authority under this section, the authority—

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Regulations may prescribe—

Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

This section applies where a local authority have published a notice under section 7.

At any time before the date specified in the notice—

If the local authority withdraw the notice in accordance with subsection (2)(a) or (b), the local authority must notify the Secretary of State.

Before publishing a notice under section 7, the local authority must consult such persons as appear to the authority to be appropriate; and in discharging their duty under this subsection the authority must have regard to any guidance given from time to time by the Secretary of State.

Regulations may require the local authority to take prescribed steps for the purpose of promoting public awareness of any proposals published by them under section 7.

Where a local authority in England propose to establish a new maintained nursery school, they must publish their proposals under this section.

Where a local authority in England propose to establish a new school within subsection (2A), they may publish their proposals under this section if there is for the time being no notice under section 7 pursuant to which (by virtue of section 7(5)(aa)) they could publish such proposals.

A school is within this subsection if it is—

Where any persons other than a local authority (“proposers”) propose to establish a new foundation, voluntary or foundation special school in England, they may publish their proposals under this section if there is for the time being no notice under section 7 pursuant to which such proposals could be made.

Proposals under this section must—as may be prescribed.

Before publishing any proposals under this section, the local authority or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.

Where any proposals are published under subsection (2B)—

Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

Proposals under—for the establishment of a new maintained school in England may relate to the establishment of the school as a federated school.

In this section “federated school” has the meaning given by section 24(2) of EA 2002.

Where a local authority in England propose to discontinue—the authority must publish their proposals under this section.

Where the governing body of—propose to discontinue the school, the governing body must publish their proposals under this section.

Proposals under this section must—as may be prescribed.

The matters to which the relevant body must have regard in formulating any proposals under this section in relation to a rural primary school include—and in considering these matters the relevant body must have regard to any guidance given from time to time by the Secretary of State.

Where any proposals are published under subsection (2), the persons making the proposals must submit the proposals in accordance with regulations to the local authority.

Schedule 2 has effect in relation to the consideration, approval and implementation of proposals published under this section.

In this section—

In this Part any reference to a local authority—is a reference to the authority ceasing to maintain the school.

Before publishing any proposals under section 15 which relate to a school which is a rural primary school or a community or foundation special school, the relevant body must consult—

Before publishing any other proposals under section 15, the relevant body must consult such persons as appear to them to be appropriate.

In discharging their duty under subsection (1) or (2) the relevant body must have regard to any guidance given from time to time by the Secretary of State.

In this section “the relevant body” and “rural primary school” have the same meaning as in section 15.

The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school in England, give a direction to the local authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.

A direction under subsection (1) may require the local authority to notify any persons or class of persons specified in the direction.

Before giving a direction under subsection (1), the Secretary of State must consult—

On giving a direction under subsection (1), the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.

Where a local authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in section 15 or 28 applies to any such discontinuance of the school under this section.

Regulations may prescribe alterations to maintained schools that may be implemented in pursuance of proposals published under section 19.

The prescribed alterations must include any alteration that involves one or more of the following—

The prescribed alterations may include other alterations of any nature (other than those prevented by subsection (4)).

None of the following alterations may be made to a maintained school—

In subsection (4)(e) “mainstream school” means community, foundation or voluntary school.

Where—the authority must publish their proposals under this section.

A prescribed alteration is capable of being proposed by a local authority if—

Where—the governing body must publish their proposals under this section.

If at any time the governing body of a voluntary aided school are unable or unwilling to carry out their obligations under Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools), they must publish proposals under this section for the school to become either a voluntary controlled school or a foundation school, as the governing body may determine.

This section has effect subject to section 20.

In this section—“prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18;“relevant age group” has the same meaning as in SSFA 1998.

The governing body of a school specified in the first column of the Table below may not publish proposals under section 19 for a prescribed alteration of a kind specified in the second column, except with the consent of—

For the purposes of this section, a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.

In this section—“the commencement date” means the day on which this Part comes into force, otherwise than merely for the purpose of enabling orders or regulations to be made;“prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.

Regulations may make provision about the publication and determination of proposals under section 19 (“proposals”).

The provision that may be made includes provision—

The regulations may confer functions on the local authority, on any other local authority affected by the proposals, on the governing body of the school concerned and on the adjudicator.

Regulations made by virtue of subsection (2)(g) may enable the Secretary of State by direction to require proposals to be referred to the adjudicator.

In relation to any proposals for a school to cease to be an establishment which admits pupils of one sex only, regulations under this section may enable the local authority or the adjudicator to make a transitional exemption order for the purposes of paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational), and to vary or revoke any order so made.

The regulations may require any person exercising functions under the regulations to have regard to any guidance given from time to time by the Secretary of State.

Subsection (3) applies to proposals which are published under section 19 by the governing body of a community, voluntary controlled or community special school and relate only to—

For the purposes of this section a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.

In relation to proposals to which this subsection applies, regulations under section 21—

Subsection (5) applies to—

In relation to proposals to which this subsection applies, regulations under section 21—

Any regulations under section 21 which enable any proposals falling within subsection (2) which are published by the governing body of the school to which they relate to be determined by the governing body must include provision by virtue of subsection (2)(g) of that section enabling the local authority to require the proposals to be referred to the adjudicator.

Proposals fall within this section if the proposed alteration would result in a community, voluntary controlled or foundation school or community or foundation special school becoming either or both of the following—

Regulations under section 21 may restrict the matters to which a local authority may have regard in deciding whether to require proposals to be referred to the adjudicator in accordance with provision included in the regulations by virtue of subsection (1).

If regulations under section 21 provide for any proposals, other than proposals to which section 22(3) or (5) applies, to be determined by a person other than the adjudicator, the regulations must include provision by virtue of section 21(2)(h) enabling each of the following persons to require the proposals to be referred to the adjudicator after their initial determination by the other person—

If regulations under section 21 provide for any proposals published by a local authority in relation to a foundation or voluntary school or a foundation special school to be determined by the local authority, the regulations must include provision by virtue of subsection (2)(h) of that section enabling each of the following persons to require the proposals to be referred to the adjudicator after their initial determination by the authority—

In this section “proposals” means proposals under section 19.

Regulations may make provision in connection with the implementation of—

Regulations under this section may, in particular—

Regulations under this section relating to an alteration falling within subsection (2)(a), (b) or (c) of section 18 may include provision with respect to—

Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may, in particular, make provision with respect to—

Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may also make provision with respect to—

Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

Regulations under this section may, in particular, make provision corresponding to that made by, or that which may be made by regulations under, any provision of paragraphs 21 to 31 of Schedule 2 (implementation of proposals for establishment or discontinuance).

A school's change of category in pursuance of proposals published under section 19 is not to be taken as authorising any change in the religious character of the school, or the acquisition or loss of religious character.

In subsection (4) “local authority” includes a non-metropolitan district council for an area for which there is a county council.

This section applies to any foundation or foundation special school having a foundation if either or both of the following conditions is met.

Condition A is that the school was established (whether or not as a foundation or foundation special school) in pursuance of proposals falling to be implemented under Schedule 2.

Condition B is that the school acquired its foundation in pursuance of proposals falling to be implemented under regulations under section 24.

The governing body of any foundation or foundation special school to which this section applies may at any time publish proposals under this section for either or both of the following alterations to the school—

A prescribed proportion of the governors of a foundation or foundation special school to which this section applies may in the prescribed manner require the governing body of the school to publish proposals under this section for either or both of the alterations mentioned in subsection (4).

Subsection (5) does not require the governing body of a foundation or foundation special school to publish proposals under this section—

In subsection (6)(a)(ii) “relevant change”, in relation to the instrument of government of a school, is to be read in accordance with section 22(2).

In this section “foundation” means a foundation established otherwise than under SSFA 1998.

Regulations may make provision about the publication and determination of proposals under section 25.

The provision that may be made includes provision—

Regulations under this section may in prescribed cases—

Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

Regulations may make provision in connection with the implementation of proposals under section 25 which have been approved in accordance with regulations under section 26.

Regulations under this section may, in particular—

Regulations made by virtue of subsection (2)(b) may make provision about any of the matters mentioned in section 24(5)(a) to (i).

Where—regulations under this section may authorise or require the foundation to pay any part of the value of the excluded land to the governing body, the local authority or a prescribed person.

Where—regulations under this section may authorise or require the governing body to pay any part of the value of the transferred land to the foundation.

Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

The implementation of proposals under section 25 is not to be taken as authorising any change in the religious character of the school or the loss of religious character.

In this section “foundation” means a foundation established otherwise than under SSFA 1998.

Except in pursuance of proposals falling to be implemented under this Part ...—

In subsection (1)(b) “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.

Subsection (1) has effect subject to—

Except in pursuance of proposals falling to be implemented under section 27, no alteration falling within section 25(4)(a) or (b) may be made to a foundation or foundation special school.

A pupil referral unit may not be established except in pursuance of proposals falling to be implemented under this Part.

The Secretary of State may by regulations make such transitional provision as he considers appropriate in connection with the commencement of this Part.

Regulations under this section may, in particular, make provision with respect to—

This section does not limit the powers conferred by section 183.

In this section “the previous enactments” means—

In this Part, except where the contrary intention appears—“adjudicator” is to be read in accordance with section 25(3) of SSFA 1998;“discontinue”, in relation to a maintained school, is to be read in accordance with section 15(8);“foundation”, in relation to a foundation or voluntary school, has (subject to sections 25(8) and 27(8)) the meaning given by section 21(3) of SSFA 1998;“local authority”, in relation to a school maintained (or proposed to be maintained) by a local authority, means that authority;“maintain”, in relation to a maintained school, has the same meaning as in SSFA 1998;“maintained school” means any of the following schools in England—a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school;“prescribed” means prescribed by regulations;“regulations” means regulations made under this Part by the Secretary of State.

For the purposes of this Part, a foundation or voluntary school has a religious character if it is designated by order under section 69(3) of SSFA 1998 as a school having such a character.

After section 23 of SSFA 1998 insert—

In relation to any time before the commencement of section 1A(1) of the Charities Act 1993 (c. 10) (which provides for the establishment of the Charity Commission for England and Wales as a body corporate), any reference in section 23B of SSFA 1998 (as inserted by subsection (1) of this section) to the Charity Commission for England and Wales is to be read as a reference to the Charity Commissioners for England and Wales.

Part 2 of Schedule 3 to SSFA 1998 (funding of voluntary aided schools) is amended as follows.

In paragraph 3, as it applies in relation to England, omit sub-paragraph (3) (the definition of “capital expenditure” for the purposes of the Schedule).

After paragraph 9 insert—

In section 58 of SSFA 1998 (appointment and dismissal of certain teachers at schools with a religious character), omit subsection (4) (which prevents the head teacher of a foundation or voluntary controlled school being a reserved teacher).

In section 60 of SSFA 1998 (staff at foundation or voluntary school with religious character)—

In section 21 of EA 2002 (general responsibility for conduct of school) after subsection (4) insert—

In section 28 of that Act (limit on power to provide community facilities etc.), after subsection (4) insert—

No admission arrangements for a community, foundation or voluntary school may make provision for selection by ability unless—

For the purposes of subsection (1) a school's admission arrangements make provision for selection by ability if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability.

In this section—“ability” means either general ability or ability in any particular subject or subjects;“admission arrangements” has the meaning given by section 88(2) of SSFA 1998;“grammar school” has the meaning given by section 104(7) of SSFA 1998;“relevant age group” has the meaning given by section 142(1) of SSFA 1998.

In section 99 of SSFA 1998—

Section 84 of SSFA 1998 (code of practice) is amended in accordance with subsections (2) to (7).

In subsection (1)—

In subsection (2), for the words from “include” to “other matters” substitute “ impose requirements, and may include guidelines setting out aims, objectives and other matters, ”.

In subsection (3), for “to have regard to” substitute “ to act in accordance with ”.

In subsection (5), omit “of practice” (in each place where it occurs).

In subsection (6), after the definitions of “admission arrangements” and “the admission authority” insert—.

In the heading, and in the italic cross-heading immediately before section 84, for “of practice” substitute “ for school admissions ”.

In section 85 of SSFA 1998 (making and approval of code of practice)—

In relation to a code for school admissions issued under section 84(1) of SSFA 1998 after the passing of this Act, the requirement to consult which is imposed by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken before the passing of this Act, even though the code takes account (to any extent) of any provision made by this Act.

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In section 89 (procedure for determining admission arrangements) for subsection (10) substitute—

In section 90 (reference of objections to adjudicator or Secretary of State)—

In section 88 of SSFA 1998 (admission authorities and admission arrangements), after subsection (1) insert—

In section 86(2) of SSFA 1998 (duty to comply with parental preference) for “a local authority and the governing body of a maintained school” substitute “ the admission authority for a maintained school ”.

In section 89C of SSFA 1998 (co-ordinated schemes for admission arrangements)—

In section 94(1) of SSFA 1998 (responsibility of local authority to make appeal arrangements) in paragraph (b) for the words from the beginning to “the authority” substitute “ in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority ”.

Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of State) is amended as follows.

After subsection (5) insert—

Subsections (6) and (7) are omitted.

For subsection (8) substitute—

In subsection (9)—

Omit subsection (10) (which has the effect of requiring certain cases to be referred by the adjudicator to the Secretary of State).

In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2) applies) after subsection (2) insert—

After that section insert—

After section 97 of SSFA 1998 insert—

In section 84 of SSFA 1998, after subsection (6) (which defines terms used in Chapter 1 of Part 3 of that Act) insert—

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In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter 1 of Part 3 but not in sections 96 and 97)” insert—

In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a) after “section 96” insert “ or 97A ”.

In section 96 of SSFA 1998 (direction to admit child to specified school)—

After section 97B of SSFA 1998 (inserted by section 50) insert—

After section 97C of SSFA 1998 (inserted by section 51) insert—

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Section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) is amended as follows.

In subsection (1) for the words from “so long as” to the end of the subsection substitute

After subsection (1) insert—

In section 101 of SSFA 1998 (permitted selection: pupil banding)—

In section 102 of SSFA 1998 (permitted selection: aptitude for particular subjects), in subsection (3), for “section 101(1)” substitute “ section 101(1) or (1A) ”.

In section 103 of SSFA 1998 (permitted selection: introduction, variation or abandonment of provision for such selection)—

Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows.

For subsection (1) substitute—

In subsection (2), for “subsection (1)” substitute “ subsections (1) to (1B) ”.

In subsection (3), after “subsection (1)” insert “ or (1A) ”.

In subsection (5), after “voluntary school” insert “ and is not a sixth-form pupil ”.

After subsection (5) insert—

In subsection (6), after “subsection (5)” insert “ or (5A) ”.

For subsection (7) substitute—

After subsection (7) insert—

In section 451 of EA 1996 (prohibition of charges for provision of education) for subsection (3) substitute—

In section 456 of EA 1996 (regulation of permitted charges), in subsection (6), after “tuition in” insert “ singing or in ”.

In this Part “maintained school” means any of the following schools in England—

In this Part, references to a school being “eligible for intervention” are to be read in accordance with—section 60 (performance standards and safety warning notice), section 60A (teachers' pay and conditions warning notice), section 60B (coasting schools), section 61 (school requiring significant improvement), and section 62 (school requiring special measures).

A maintained school is by virtue of this section eligible for intervention if—

A relevant authority may give a warning notice to the governing body of a maintained school where the authority are satisfied—

For the purposes of subsection (2)(a) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

For the purposes of this section a “warning notice” is a notice in writing by the relevant authority setting out—

If a local authority are notified that the Secretary of State has given a warning notice to the governing body of a maintained school the local authority may not give a warning notice unless or until the Secretary of State informs them that they may.

If the Secretary of State gives a warning notice to the governing body of a maintained school, any earlier warning notice given to the maintained school by the local authority ceases to have effect from that time.

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The relevant authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

If a local authority give a warning notice to the governing body of a maintained school they must, at the same time, give a copy of it to the Secretary of State.

If the Secretary of State gives a warning notice to the governing body of a maintained school the Secretary of State must, at the same time, give a copy of it to the local authority.

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In this section “relevant authority” means—

A maintained school is by virtue of this section eligible for intervention if—

A local authority may give a warning notice to the governing body of a maintained school where the authority are satisfied that—

In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.

For the purposes of this section a “warning notice” is a notice in writing by the local authority setting out—

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The local authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

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A maintained school is by virtue of this section eligible for intervention if—

The Secretary of State may by regulations provide that this section does not apply in relation to a school of a description specified in the regulations.

The Secretary of State must by regulations define what “coasting” means in relation to a school to which this section applies.

If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the local authority may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—

Before exercising the power conferred by subsection (1), the local authority must consult—

Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).

A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.

If at any time a maintained school is eligible for intervention, then (subject to subsection (2)) the local authority may appoint such number of additional governors as they think fit.

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Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b) or as the case may be section 60A(1)(b)).

In relation to any appointment made by the local authority by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the local authority to appoint such number of additional governors as they think fit.

If at any time—the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.

Any additional foundation governors appointed under subsection (4)—

If at any time—the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.

In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (4) or (6) (as the case may be).

Subject to subsection (9), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—

Where, in the case of any voluntary aided school not falling within subsection (8)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—

If at any time a maintained school is eligible for intervention, the local authority may, with the consent of the Secretary of State, give the governing body a notice in writing stating that, as from a date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).

Before exercising the power conferred by subsection (1), the local authority must consult—

If at any time—then (subject to subsection (2)) the local authority may, by giving the governing body of the school notice in writing of the suspension, suspend the governing body's right to a delegated budget with effect from the receipt of the notice by the governing body.

Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b) or as the case may be section 60A(1)(b)).

A copy of a notice given under subsection (1) must be given to the head teacher of the school at the same time as the notice is given to the governing body.

A suspension imposed under this section shall have effect for the purposes of Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15 to that Act.

If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the Secretary of State may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—

Before exercising the power conferred by subsection (1), the Secretary of State must consult—

Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).

A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.

If at any time a maintained school is eligible for intervention ..., the Secretary of State may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.

Before making any such appointment, the Secretary of State must consult—

A governor appointed under this section—as the Secretary of State may determine.

The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.

In relation to any appointment made by the Secretary of State by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the Secretary of State to appoint such number of additional governors as he thinks fit.

Where the Secretary of State has exercised his power under this section in relation to a school, then—

The revocation of a suspension under subsection (6)(a)—

If at any time a maintained school is eligible for intervention other than by virtue of section 60A, the Secretary of State may give a direction to the local authority requiring the school to be discontinued on a date specified in the direction.

Before giving a direction under subsection (1), the Secretary of State must consult—

On giving a direction under subsection (1) the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.

Where the local authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.

In this section any reference to the discontinuance of a maintained school is a reference to the local authority ceasing to maintain it.

If at any time a maintained school is eligible for intervention ... ,the Secretary of State may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).

Before exercising the power conferred by subsection (1), the Secretary of State must consult—

The Secretary of State need not consult the persons mentioned in subsection (2)(b), (c) and (d) if the local authority have consulted them under subsection (2) of section 65 in relation to a proposed notice under subsection (1) of that section.

Subsection (2) does not apply if an Academy order has effect in respect of the school.

This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.

The condition is that there are reasonable grounds for a local authority to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).

The condition is that one of the following applies—

The Secretary of State may direct the local authority to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.

If the Secretary of State gives a direction under subsection (4) to a local authority in respect of a governing body, the authority must—

The local authority's response to the direction must do one of the following—

If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—

If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—

If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—

Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).

A direction under this section must be in writing.

A local authority must notify the Secretary of State before exercising a power under section 63, 64 or 66 in relation to a maintained school.

The Secretary of State must notify the local authority before exercising a power under any of sections 66A to 69 in relation to a maintained school.

This section applies where a local authority are notified that the Secretary of State intends to exercise a power under any of sections 66A to 69 in relation to a maintained school.

The local authority may not use any of their powers under section 63, 64 or 66 in relation to the school unless or until the Secretary of State notifies them that they may.

This section applies where a local authority have given the governing body of a maintained school a notice under section 65 (governing body to consist of interim executive members).

The Secretary of State may take over responsibility for arrangements in connection with the interim executive members by giving notice to the local authority and, where the Secretary of State does so—

For section 85 of EA 2002 (curriculum requirements for fourth key stage) substitute—

In section 86 of EA 2002 (power to alter or remove requirements for fourth key stage)—

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

Until the commencement of subsection (1), section 85 of EA 2002 has effect with the following modifications—

Any order made (by virtue of subsection (4) of this section) under section 85(3A) of EA 2002 before the commencement of subsection (1) of this section is to have effect from that commencement as if made under subsection (5) of section 85 (as substituted by subsection (1)).

After section 508A of EA 1996 (inserted by section 76 above) insert—

Schedule 8 (which inserts Schedule 35B to EA 1996) has effect.

After section 508D of EA 1996 (inserted by section 77 above) insert—

Schedule 9 (which inserts Schedule 35C to EA 1996) has effect.

The school travel scheme provisions are to be piloted in accordance with regulations made by the Secretary of State.

Regulations under subsection (1) may, in particular, provide for there to be a limit on the number of school travel schemes which may be in force while the school travel scheme provisions are being piloted.

In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

The Secretary of State must prepare and publish, before 1st January 2012, an evaluation of the operation and effect of school travel schemes approved under Schedule 35C to EA 1996.

The Secretary of State may by order provide for the school travel scheme provisions to cease to have effect ... from such date as may be specified in the order.

The earliest date which may be specified under subsection (2) is 1st August 2012.

The latest date which may be specified under subsection (2) is 1st August 2015.

Power to make an order under this section includes power to make consequential amendments and repeals in any enactment, including this Act and enactments passed or made after the passing of this Act.

In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

Section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil) is amended as follows.

After subsection (3) insert—

In subsection (5) for “subsection (4)” substitute “ subsections (3D) and (4) ”.

In subsection (6) for “subsection (4)” substitute “ subsections (3B), (3D) and (4) ”.

The amendments made by this section do not apply in relation to any failure of a child to attend at a school or other place in relation to which section 444 of EA 1996 applies which occurs on a day before this section comes into force.

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

In section 509AB of EA 1996 (further provision about transport policy statements)—

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In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary functions of Learning and Skills Council for England), after subsection (5) insert—

For section 114 of SSFA 1998 (nutritional standards for school lunches) and the cross-heading preceding it substitute—

In section 512(4) of EA 1996 ( local authority functions concerning provision of meals), for “section 114(2) of the School Standards and Framework Act 1998 (lunches provided by local authorities to meet nutritional standards)” substitute “ section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc) ”.

Any regulations made under section 114 of SSFA 1998 which have effect immediately before the commencement of this section have effect after that commencement as if made under section 114A of that Act (as substituted by subsection (1)).

In section 512ZA of EA 1996 (duty of local authority to charge for meals etc)—

In section 533 of EA 1996 (duties of governing bodies with respect to provision of school meals etc)—

The governing body of a relevant school must ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

In particular, the governing body—

Before making or revising the statement required by subsection (2)(a) the governing body must consult (in such manner as appears to them to be appropriate)—

In exercising their functions under subsection (2) the governing body must have regard to any guidance given from time to time—

In this section and section 89—“relevant school” means—a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school, a pupil referral unit, or a school approved by the Secretary of State ...under section 342 of EA 1996 (approval of non-maintained special schools);“governing body”, in relation to a school approved by the Secretary of State ...under section 342 of EA 1996, means the proprietor of the school.

The head teacher of a relevant school must determine measures to be taken with a view to—

The head teacher of a relevant school in England must in determining such measures—

The head teacher of a relevant school in Wales must in determining such measures—

In relation to a relevant school in England, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by the governing body.

In relation to a relevant school in Wales, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by—

The measures which the head teacher determines under subsection (1) must include the making of rules and provision for disciplinary penalties (as defined by section 90).

In relation to a school in England, rules made under subsection (4) must identify the items for which a search may be made.

The measures which the head teacher of a relevant school in England determines under subsection (1) may, to such extent as is reasonable, include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.

The measures which the head teacher of a relevant school in Wales determines under subsection (1) may, to such extent as is reasonable and not required by subsection (2A)(c), include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.

The measures determined by the head teacher under subsection (1) must be publicised by him in the form of a written document as follows—

If a notification or guidance given under section 88(2)(b) to the head teacher of a relevant school in England is inconsistent with guidance to which head teachers of relevant schools in England are required to have regard by section 550C of EA 1996 (guidance on use of mobile phones etc), the duty under subsection (2)(b) does not apply to the extent of the inconsistency.

In this Chapter, “disciplinary penalty” means a penalty imposed on a pupil, by any school at which education is provided for him, where his conduct falls below the standard which could reasonably be expected of him (whether because he fails to follow a rule in force at any such school or an instruction given to him by a member of its staff or for any other reason).

In subsection (1), the reference to conduct, in relation to a pupil, includes—

This section applies in relation to a disciplinary penalty imposed on a pupil by any school at which education is provided for him, other than a penalty which consists of exclusion.

The imposition of the disciplinary penalty is lawful if the following three conditions are satisfied.

The first condition is that the imposition of the penalty on the pupil—

The second condition is that the decision to impose the penalty on the pupil was made—

The third condition is that the decision to impose the penalty was made, and any action taken on behalf of the school to implement the decision was taken—

In determining for the purposes of subsection (3)(b) whether the imposition of the penalty is reasonable, the following matters must be taken into account—

For the purposes of subsection (6)(b)(iii) a pupil has a disability if he has a disability for the purposes of the Equality Act 2010.

A determination or authorisation by the head teacher for the purpose of subsection (4)(a) or (b) may be made—

Where the disciplinary penalty is detention outside school sessions, this section has effect subject to section 92.

Nothing in this section authorises anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

This section is not to be construed as restricting what may lawfully be done apart from this section.

In this section, “paid member of the staff”, in relation to a school, means any member of the staff who works at the school for payment, whether under a contract of employment or a contract for services; and, for this purpose, it is immaterial whether the contract of employment or contract for services is made with the governing body or proprietor of the school or with any other person.

This section applies in relation to a disciplinary penalty which consists of the detention of a pupil outside school sessions.

In relation to a disciplinary penalty to which this section applies, subsection (2) of section 91 has effect as if it required the following additional conditions to be satisfied, as well as the conditions set out in subsections (3) to (5) of that section.

The additional conditions are—

The additional conditions set out in subsection (3)(a), (c) and (d) do not apply in the case of a detention during a break between school sessions on the same day.

If arrangements have to be made for the pupil to travel to school for the purposes of the detention or to travel home after the detention, then in determining for the purposes of the condition in subsection (3) of section 91 whether the imposition of the detention is reasonable, subsection (6) of that section is to be read as if it also required the question whether suitable travelling arrangements can reasonably be made by his parent to be taken into account.

Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under subsection (3)(d) from being given to the parent by any effective method.

This section is not to be construed as restricting what may lawfully be done apart from this section.

In this section, “permitted day of detention”, in relation to a pupil, means any of the following days—

A person to whom this section applies may use such force as is reasonable in the circumstances for the purpose of preventing a pupil from doing (or continuing to do) any of the following, namely—

This section applies to a person who is, in relation to a pupil, a member of the staff of any school at which education is provided for the pupil.

The power conferred by subsection (1) may be exercised only where—

Subsection (1) does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

In this section, “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.

The governing body of a school in England must ensure that a procedure is in place for—

The governing body must take all reasonable steps to ensure that the procedure is complied with.

The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident.

In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection.

A procedure under subsection (1) must include provision to the effect—

In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the pupil, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes.

In this section—“governing body”, in relation to a school which is not a maintained school, means the proprietor of the school;“maintained school” means—a community, foundation or voluntary school; a community or foundation special school; a maintained nursery school;“parent”, in relation to a pupil, has the meaning given by section 576 of EA 1996 in relation to a child or young person, but includes a local authority which provides accommodation for the pupil under section 20 of the Children Act 1989 or section 76 of the Social Services and Well-being (Wales) Act 2014.

This section applies where, as a disciplinary penalty—

A person who seizes, retains or disposes of the item is not liable in any proceedings in respect of—if he proves that the seizure, retention or disposal (as the case may be) was lawful (whether or not by virtue of section 91).

Nothing in this section applies where an item is seized under section 550ZC or 550AA of EA 1996 (provision as to what is to be done with such an item being made by that section).

This section is not to be construed as preventing any person relying on any defence on which he is entitled to rely apart from this section.

Section 19 of the Anti-social Behaviour Act 2003 (c. 38) (parenting contracts in cases of exclusion from school or truancy) is amended as follows.

After subsection (1) insert—

In subsection (6), after “subsection (1)” insert “ or (1A) ”.

In the heading to the section, and in the italic cross-heading immediately before the section, for “exclusion from” substitute “ misbehaviour at ”.

Section 20 of the Anti-social Behaviour Act 2003 (parenting orders in case of exclusion from school) is amended as follows.

In subsection (1), for “This section” substitute “ Subsection (2) ”.

In subsection (2), for “A local authority” substitute “ A relevant body ”.

After subsection (2) insert—

For subsection (3) substitute—

After subsection (8) insert—

In the heading, after “exclusion” insert “ or potential exclusion ”.

The Anti-social Behaviour Act 2003 (c. 38) is amended as follows.

In section 21 (parenting orders: supplemental)—

After section 22 insert—

In section 24 (interpretation)—

Except in prescribed cases, the governing body of a relevant school in England must make arrangements for the provision of suitable full-time education for pupils of compulsory school age who are excluded from the school for a fixed period on disciplinary grounds.

The education referred to in subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with regulations.

The education must not be provided at the school unless it is provided there in pursuance of arrangements which—

In determining what arrangements to make under subsection (1) in the case of any pupil, a governing body must have regard to any guidance given from time to time by the Secretary of State.

In this section—“governing body”, in relation to a relevant school which is an Academy school, an alternative provision Academy, a city technology college or a city college for the technology of the arts, means proprietor;“prescribed” means prescribed by regulations;“regulations” means regulations made by the Secretary of State;“relevant school” does not include a pupil referral unit;“suitable full-time education”, in relation to a pupil, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

Section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere) is amended as follows.

After subsection (3) insert—

For subsection (6) substitute—

Regulations may require the head teacher of a relevant school in prescribed cases to request any parent of a temporarily excluded pupil to attend an interview (“a reintegration interview”) at the school with the head teacher of the school or any other person authorised by the head teacher.

The purpose of a reintegration interview is to assist the reintegration of the pupil after the period of exclusion and to promote the improvement of his behaviour.

Regulations under this section may make provision about the time within which any reintegration interview must be held, the procedure for arranging the interview and the notification of any request to the parent.

In this section—“prescribed” means prescribed by regulations;“regulations” means regulations made—in relation to England, by the Secretary of State, or in relation to Wales, by the Assembly;“a temporarily excluded pupil” means a pupil who is or has been excluded on disciplinary grounds for a fixed period.

This section applies where—

The parent of the excluded pupil must ensure that the pupil is not present in a public place at any time during school hours on a day which—

If the excluded pupil is present in a public place at any time during school hours on a school day falling within subsection (2), the parent commits an offence.

It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable justification for his failure to comply with the duty imposed by subsection (2).

A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Proceedings for an offence under subsection (3) may not be instituted except by a local authority.

Where the excluded pupil is excluded during the course of a school day but before the beginning of any afternoon session on that day, that day is to be treated for the purposes of subsection (2)(a) as the first day to which the exclusion relates.

In this section—“parent”, in relation to a pupil, does not include any person who is not an individual;“public place” means—any highway, and any place to which at the material time the public or any section of the public have access, on payment or otherwise, as of right or by virtue of express or implied permission;“school hours” means any time during a school session of the school referred to in subsection (1)(a) or during a break between sessions of that school on the same day.

The head teacher of a relevant school in England, on excluding from the school a pupil of compulsory school age, must give the parent by the prescribed time a notice in writing complying with subsections (2) and (3) and containing such other information as may be prescribed.

Where the appropriate authority are or will be obliged under the relevant enactment to make arrangements for the provision of full-time education for the excluded pupil during his exclusion, or intend to do so without being so obliged, the notice must specify the first day on which full-time education is to be provided for the excluded pupil.

The notice must specify as days on which the parent is to be subject to section 103(2) each school day beginning with the first school day to which the exclusion relates and ending with the earliest of the following—

Subsection (7) of section 103 applies for the purposes of subsection (3) as it applies for the purposes of subsection (2)(a) of that section.

Where the appropriate authority are a local authority, they must provide the head teacher with such information as will enable the head teacher to give a notice complying with subsection (2).

Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under this section from being given to the parent of the excluded pupil by any effective method.

Regulations may enable a notice under this section to be combined with a notice required by virtue of section 52(3)(a) of EA 2002 (which relates to the exclusion of pupils from maintained schools).

In this section—“the appropriate authority” means—in the case of a permanent exclusion or an exclusion from a pupil referral unit, a local authority, in the case of an exclusion for a fixed period from a maintained school, the governing body of the school, and in the case of an exclusion for a fixed period from a relevant school which is an Academy school, an alternative provision Academy, a city technology college or a city college for the technology of the arts, the proprietor of the school;“prescribed” means prescribed by regulations;“regulations” means regulations made by the Secretary of State;“the relevant enactment” means—where the appropriate authority is a local authority, section 19 of EA 1996, and in any other case, section 100 of this Act.

Where an authorised officer has reason to believe that a person has committed an offence under section 103(3), he may give the person a penalty notice in respect of the offence.

A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence under section 103(3) to which the notice relates by payment of a penalty in accordance with the notice.

Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates if he pays a penalty in accordance with the notice.

Sums received by a local authority under this section may be used by the authority for the purposes of any of their functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

In this section—“authorised officer” means—a constable, an officer of a local authority in England who is authorised by the authority to give penalty notices, or an authorised staff member;“authorised staff member” means—a head teacher of a relevant school in England, or a member of the staff of a relevant school in England who is authorised by the head teacher of the school to give penalty notices;“regulations” means regulations made by the Secretary of State.

Regulations may make—

Without prejudice to the generality of subsection (1) or section 181(2)(a), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

Local authorities, head teachers and authorised officers must, in carrying out their functions in relation to penalty notices, have regard to any guidance which is given by the Secretary of State from time to time in relation to penalty notices.

In this section —“penalty” means a penalty under a penalty notice;“penalty notice” has the meaning given by section 105(2); and other expressions have the same meaning as in section 105.

The Police Reform Act 2002 (c. 30) is amended as follows.

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

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

In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed penalty notices), after paragraph (ab) insert—.

In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(ab)” insert “ or (ac) ”.

In paragraph 2(4) of that Schedule, after “paragraph 1(2)(ab)” insert “ or (ac) ”.

Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated premises) is amended in accordance with subsections (2) to (6).

In subsection (2)—

After subsection (3) insert—

After subsection (3A) insert—

In subsection (5), after the definition of “public place” insert—.

In the heading, after “truants” insert “ and excluded pupils ”.

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

In section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil), in subsection (1A), omit “without reasonable justification”.

After that subsection insert—

In subsection (2) of that section, for “(3)” substitute “ (2A) ”.

After that subsection insert—

In subsection (3) of that section—

In subsection (6) of that section, for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.

In subsection (7) of that section, for “at a time when he was not” substitute “ unless the parent proves that at that time the child was ”.

After that subsection insert—

In subsection (6) of section 444ZA of EA 1996 (application of section 444 to alternative educational provision), for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.

In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the words from “unless” to the end substitute “ unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996 ”.

The amendments made by this section, and the entry in Part 1 of Schedule 18 relating to section 444 of EA 1996, do not apply in relation to any failure to attend at a school, or other place in relation to which that section applies, which occurs before the commencement of the amendment in question.

There is to be a body corporate known as the Office for Standards in Education, Children's Services and Skills.

In this Part that body is referred to as “the Office”.

The Office is to perform its functions on behalf of the Crown.

Schedule 11 makes further provision about the Office.

Her Majesty may by Order in Council appoint a person to the office of Her Majesty's Chief Inspector of Education, Children's Services and Skills.

In this Part the holder of that office is referred to as “the Chief Inspector”.

The Chief Inspector is to be a member of the Office (see paragraph 1 of Schedule 11).

The Chief Inspector holds and vacates office in accordance with the terms of his appointment.

Those terms are to be determined by the Secretary of State.

But the Chief Inspector—

The previous appointment of a person as Chief Inspector does not affect his eligibility for appointment.

The office of Her Majesty's Chief Inspector of Schools in England is abolished.

But any person holding that office immediately before the appointed day is to become, as from that day, Her Majesty's Chief Inspector of Education, Children's Services and Skills.

As from the appointed day—

In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Her Majesty may by Order in Council appoint persons as Her Majesty's Inspectors of Education, Children's Services and Skills.

In this Part a person so appointed is referred to as an “HMI”.

An HMI is to serve, in accordance with the terms of his appointment, as a member of the staff of the Office.

Those terms are to be determined by the Chief Inspector.

A person's appointment as HMI ends when he ceases to serve as a member of the staff of the Office.

Any person who—is to become, as from that day, one of Her Majesty's Inspectors of Education, Children's Services and Skills.

As from the appointed day—

In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

The Office has the following functions—

The Office is to have such other functions in connection with the performance of the Chief Inspector's functions as may be assigned to it by the Secretary of State.

The Office is to perform its functions for the general purpose of encouraging—

In performing its functions the Office is to have regard to—

In performing its functions the Office must also have regard to such aspects of government policy as the Secretary of State may direct.

In this section—

Subsection (6) provides for the interpretation, for the purposes of this Part, of references to activities within the Chief Inspector's remit and related expressions.

For those purposes—

The Chief Inspector has the general duty of keeping the Secretary of State informed about—

If requested to do so by the Secretary of State, the Chief Inspector must provide the Secretary of State with information or advice on such matters relating to activities within the Chief Inspector's remit as are specified in the request.

The Chief Inspector may at any time give advice to the Secretary of State on any matter connected with any activities within his remit, including advice relating to a particular establishment, institution or agency.

The Chief Inspector is to have such other functions in connection with activities within his remit as may be assigned to him by the Secretary of State.

Subsection (6) applies where the Chief Inspector is requested under subsection (2) to provide the Secretary of State with information or advice on matters relating to activities within the Chief Inspector's remit.

Any enactment by virtue of which—is to have effect, with any necessary modifications, so as to enable him to conduct an inspection, or exercise any such power, for the purpose of complying with the request.

In subsection (6) any reference to a power of entry includes a reference to a power to inspect documents or a power conferred in connection with the inspection of documents.

Nothing in this section prejudices the operation of any other enactment relating to functions of the Chief Inspector.

The Chief Inspector is to perform his functions for the general purpose of encouraging—

The Chief Inspector must ensure—

In performing his functions the Chief Inspector must have regard to—

In this section “relevant persons” has the same meaning as in section 117.

The Chief Inspector must make an annual report to the Secretary of State.

The Secretary of State must lay a copy of any such report before each House of Parliament.

The Chief Inspector may make to the Secretary of State such other reports relating to matters which fall within the scope of the Chief Inspector's functions as he considers appropriate.

The Chief Inspector may arrange for any report made by him under this section to be published in such manner as he considers appropriate.

Subject to the following provisions of this Part, the functions of the existing Chief Inspector under or by virtue of any enactment are transferred to the new Chief Inspector.

In this section—“the existing Chief Inspector” means Her Majesty's Chief Inspector of Schools in England, and“the new Chief Inspector” means the Chief Inspector appointed under Chapter 1 of this Part.

The Chief Inspector must—

The Secretary of State may by regulations provide that subsection (1) does not apply in relation to specified categories of Academy proprietor in specified circumstances.

An Academy proprietor in relation to which subsection (1) does not apply by virtue of regulations under subsection (2) is an “exempt proprietor”.

When conducting an inspection under this section, the Chief Inspector must have regard to any views about the matters listed in section 122B(2) which are expressed to the Chief Inspector by—

Subsection (1) has effect subject to subsection 122E.

An inspection which is required under this section must not extend to—

It is the general duty of the Chief Inspector, when conducting an inspection under section 122A, to report on the quality and effectiveness of the Academy proprietor’s leadership, management and governance in connection with its role as an Academy proprietor.

The Chief Inspector’s report must (in particular) cover—

The Chief Inspector must send a copy of a report under section 122A(1)(b) to—

The Academy proprietor must—

The Chief Inspector may send a copy of the report to such other persons as the Chief Inspector considers appropriate.

The Chief Inspector may arrange for the report to be published in such manner as the Chief Inspector considers appropriate.

In this section—“child” means a person aged under 18, and references to “children” are to be read accordingly;“wellbeing”, in relation to a child or young person, means their wellbeing so far as relating to the matters mentioned in section 10(2) of the Children Act 2004;“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971;“young person” means any of the persons mentioned in section 10(9) of the Children Act 2004.

The Chief Inspector must inspect and report on any Academy proprietor, or category of Academy proprietor, in connection with its role as an Academy proprietor, if requested to do so by the Secretary of State.

The Chief Inspector may inspect and report on any Academy proprietor, in connection with its role as an Academy proprietor, in circumstances where there is no requirement to do so under any other provision of this Chapter.

If the Chief Inspector carries out an inspection under subsection (2) in response to a request from the Academy proprietor, the Chief Inspector may charge the Academy proprietor for the cost of the inspection.

An inspection which is conducted under this section must not extend to—

The Chief Inspector may arrange for a report under this section to be published in such manner as the Chief Inspector considers appropriate.

Before conducting an inspection under section 122A the Chief Inspector must notify—

If the Academy proprietor is notified by the Chief Inspector that the Chief Inspector is proposing to inspect the Academy proprietor under section 122A, the Academy proprietor must take such steps as are reasonably practicable to notify the following persons of the time when the inspection is to take place—

If the Academy proprietor is notified by the Chief Inspector that the Chief Inspector is electing to treat, or is required by the Secretary of State to treat, an inspection under section 122C as if it were an inspection under section 122A as a result of the exercise of a power under section 122E, the Academy proprietor must take such steps as are reasonably practicable to notify the following persons that the inspection is being so treated, and of the time when the inspection is to take place—

Any notification given under subsection (2)(a) or (3)(a) must include a statement, in a form approved by the Chief Inspector, inviting the registered parents of registered pupils to inform the Chief Inspector of their views on matters relating to—

The Chief Inspector may elect for an inspection under section 122C of an Academy proprietor to which section 122A applies to be treated as if it were an inspection under section 122A for the purposes of section 122A(1), section 122B(3) to (6) and section 122H.

In the case of an inspection of an exempt proprietor under section 122C, the Chief Inspector may elect to treat the inspection as if it were an inspection under section 122A for the purposes of section 122A(4) and sections 122B and 122H.

The Secretary of State may require the Chief Inspector to treat an inspection under section 122C(1) of an Academy proprietor to which section 122A applies as if it were an inspection under section 122A for the purposes of section 122A(1) and (4) and sections 122B and 122H.

In the case of an inspection of an exempt proprietor under section 122C(1), the Secretary of State may require the Chief Inspector to treat the inspection as if it were an inspection under section 122A for the purposes of section 122A(4) and sections 122B and 122H.

In this section, “exempt proprietor” has the meaning given by section 122A(3).

The Chief Inspector must devise—

A set of principles devised under subsection (1)(a) or (b) is referred to in this section as a “framework”.

If the Chief Inspector devises two or more frameworks under subsection (1)(b), the Chief Inspector must ensure that, taken together, they cover all inspections conducted under this Chapter.

A framework must cover such matters as may be specified in regulations made by the Secretary of State.

The Chief Inspector must publish a framework in such manner as the Chief Inspector considers appropriate.

The Chief Inspector may at any time revise a framework.

The Chief Inspector must publish a revised framework in such manner as the Chief Inspector considers appropriate.

In devising or revising a framework, the Chief Inspector must have regard to guidance given from time to time by the Secretary of State.

This section applies to an inspection conducted by the Chief Inspector under this Chapter.

The Chief Inspector may, at any reasonable time, enter—

The Chief Inspector may, at any reasonable time, inspect, take copies of, or take away such of the following as the Chief Inspector considers relevant to the discharge of the Chief Inspector’s functions under this Chapter—

The power in subsection (3) includes—

In connection with inspecting any such documents or records the Chief Inspector—

A person is within this subsection if that person is—

A person is guilty of an offence if that person intentionally obstructs the Chief Inspector in the exercise of any function conferred by this Chapter.

A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Subsections (2) to (4) apply if, on completion of an inspection under section 122A, the Chief Inspector is of the opinion that—

The Chief Inspector must—

Where, after complying with subsection (2), the Chief Inspector is of the opinion that the case falls within paragraph (a) or (b) of subsection (1), the Chief Inspector must—

A notification made under subsection (3)(a) must also record—

In this Chapter—“Academy” means an educational institution to which Academy arrangements relate;“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;“Academy proprietor” is a person who, in pursuance of Academy arrangements, is the proprietor of an Academy;“Academy school” has the meaning given by section 1A of the Academies Act 2010;“alternative provision Academy” has the meaning given by section 1C of that Act;“denominational education”, in relation to an Academy, means religious education which—is provided in accordance with—any provisions of the trust deed affecting the Academy which relate to the teaching and learning of religious education, or the tenets of the religion or religious denomination in relation to which the Academy is designated, and is not required by Academy arrangements to be given in accordance with the requirements for agreed syllabuses in section 375(3) of the Education Act 1996;“parent” has the meaning given by section 576 of that Act;“registered”, in relation to the parents of pupils at an Academy school or alternative provision Academy, means shown in the register kept under section 434 of that Act;“registered pupil”, in relation to an Academy school or alternative provision Academy, means a person registered as a pupil in that register;“relevant religious body”, in relation to an Academy, means—in the case of a Church of England Academy or a Roman Catholic Church Academy, the appropriate diocesan authority, and in any other case, such body or person as is specified in the Academy arrangements relating to the Academy as representing the religion or religious denomination in relation to which the Academy is designated, and in the case of an Academy designated in relation to more than one religion or religious denomination, references to “the relevant religious body” are to be read as references to all of the relevant religious bodies applicable to the Academy;“trust deed”, in relation to an Academy, includes any instrument (other than the articles or memorandum of association) regulating the constitution of the Academy proprietor or the maintenance, management or conduct of the Academy.

In subsection (1)—

For the purposes of this Chapter, an Academy has been “designated as having a religious character” if it has been so designated by an order under—and references to the order designating the Academy as having a religious character should be read accordingly.

This Chapter applies to the following kinds of education and training—

The training which may be prescribed by regulations under subsection (1)(h) includes training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training falling within subsection (1)(a) to (g).

If regulations made by the Secretary of State so provide—is to be treated for the purposes of this Chapter as training to which it applies.

In this Chapter—

In this section—“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

The Chief Inspector must conduct—

The inspections are to be conducted at such intervals as may be specified by the Secretary of State.

On completing an inspection under this section, the Chief Inspector must make a written report on it.

The report—

The Chief Inspector must send copies of the report to—

Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

The Chief Inspector must inspect all institutions within the further education sector , and all 16 to 19 Academies, subject to subsection (1A).

The Secretary of State may by regulations provide that the duty of the Chief Inspector in subsection (1) does not apply to prescribed categories of institution in prescribed circumstances.

An institution to which the duty in subsection (1) does not apply by virtue of regulations under subsection (1A) is an “exempt institution”.

Inspections under subsection (1) are to be conducted at such intervals as may be specified by the Secretary of State.

On completing an inspection under this section, the Chief Inspector must make a written report on it.

The report—

The Chief Inspector must send copies of the report to—

Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

In this section—“careers guidance” includes guidance about undertaking any training, education, employment or occupation;“relevant student” means a student—who is aged under 19, or who is aged 19 or over and is someone for whom an EHC plan is maintained.

The Chief Inspector may inspect any education or training to which this Chapter applies (in a case where he is not required to do so by virtue of any provision of this Chapter).

The Chief Inspector must inspect an exempt institution if requested to do so by the Secretary of State.

The Chief Inspector may inspect any education or training to which this Chapter does not apply if—

On completing an inspection under subsection (1) or (1A) conducted in response to a request from the Secretary of State or any other person or body, the Chief Inspector must—

On completing an inspection under this section conducted in any other case, the Chief Inspector may—

If the Chief Inspector makes a report of an inspection conducted under subsection (1) or (1A), he must send copies of the report to—

Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

In the case of an inspection conducted under subsection (1) in response to a request from the provider of the education or training concerned, the Chief Inspector may charge the provider for the cost of the inspection.

In the case of an inspection conducted under subsection (2) the Chief Inspector may charge the provider of the education or training concerned for the cost of the inspection.

For the purposes of that subsection it is immaterial whether the education or training concerned is provided in the United Kingdom or elsewhere.

In this section “exempt institution” has the meaning given by section 125(1B).

This section applies where the Chief Inspector publishes a report of an inspection conducted under section 124 or 125 or section 126(1) or (1A).

The provider of the education or training which is the subject of the report must prepare a written statement of—

That person must—

The requirements of subsection (2) may be waived by the Chief Inspector.

If requested to do so by the Secretary of State, the Chief Inspector must inspect—

The Chief Inspector may conduct such an inspection without being requested to do so.

Subsection (4) applies if financial resources have been applied by—in respect of education or training which is being inspected under this section.

In such a case the inspection may extend to considering whether the application of those resources in that way—

The education or training that may be made the subject of an inspection under this section (“an area inspection”) is—

A provider of education or training which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.

Any local authority in England whose area is wholly or partly within the area which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.

In subsection (1)(a) the reference to persons who are aged 15 includes persons—and for this purpose “school” and “school year” have the same meanings as in EA 1996.

On completing an area inspection conducted under section 128, the Chief Inspector must make a written report on it.

The Chief Inspector must send copies of the report to—

Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

This section applies where the Chief Inspector publishes a report of an area inspection conducted under section 128.

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

The Secretary of State may direct a local authority in England whose area is wholly or partly within the area covered by the report to prepare a written statement of—

In preparing a statement under subsection... (3) ... the authority must consult such persons as the Secretary of State may direct.

The ... authority must—

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

This section applies to an inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).

When conducting such an inspection, the Chief Inspector may, at any reasonable time, enter—

In respect of education or training provided by an employer in the workplace, the power of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.

This section applies to any inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).

If the Chief Inspector considers it necessary or expedient for the purposes of the inspection, he may inspect, take copies of, or take away any documents relating to the education or training inspected which are on any premises in relation to which he exercises his power of entry under section 131.

The power in subsection (2) includes—

In connection with inspecting any such documents the Chief Inspector—

A person is within this subsection if he is—

The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.

Any person who without reasonable excuse—is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

The Chief Inspector must devise—

A set of principles devised under subsection (1)(a) or (b) is referred to in this section as a “framework”.

If the Chief Inspector devises two or more frameworks under subsection (1)(b), he must ensure that, taken together, they cover all inspections conducted under this Chapter.

The Chief Inspector must publish a framework in such manner as he considers appropriate.

The Chief Inspector may at any time revise a framework.

The Chief Inspector must publish a revised framework in such manner as he considers appropriate.

The Adult Learning Inspectorate is abolished on the appointed day.

In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

This Chapter applies to the following functions of a local authority in England—

In this Chapter “related activity”, in relation to a function to which this Chapter applies, means (subject to subsections (3) and (4)) anything done in any place by, or pursuant to arrangements made by, the authority under section 2(1)(a) or (b) of the Local Government Act 2000 (c. 22) (promotion of economic and social well-being) or section 1 of the Localism Act 2011 (local authority’s general power of competence) which is similar in nature to anything which could be done by the authority in the performance of the function in question.

In relation to a function within subsection (1)(c), (d) or (e), anything done as mentioned in subsection (2) is a “related activity” only if it is done in relation to or for the benefit of—In paragraph (c) “special guardianship” means special guardianship under sections 14A to 14G of the Children Act 1989.

In relation to a function prescribed by regulations under subsection (1)(f), anything done as mentioned in subsection (2) is a “related activity” only if it is prescribed as such by the regulations.

On the coming into force of this Chapter the Commission for Social Care Inspection is to cease to have functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) in relation to anything which may be inspected by the Chief Inspector under this Chapter.

The Chief Inspector may inspect—

An inspection under subsection (1) of the performance by an authority of any function must include an inspection of any related activity.

When requested to do so by the Secretary of State, the Chief Inspector must conduct an inspection under this section in relation to the local authority specified in the request.

Such a request may specify particular matters which the Chief Inspector must inspect.

On completing an inspection under section 136, the Chief Inspector must make a written report on the matters which were the subject of the inspection.

The Chief Inspector must send copies of the report to—

Where an authority receive a copy of a report under this section, they must prepare a written statement of—

The authority must publish—within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State.

Such regulations may provide for the authority to charge a reasonable fee for providing a person with a copy of a document published under subsection (4).

The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate.

This section applies to—

The Chief Inspector may, at any reasonable time, enter any premises for the purposes of the inspection ..., other than any premises excluded by subsection (3).

The premises excluded by this subsection are any domestic premises that are not a school (within the meaning of EA 1996).

This section applies to—

If the Chief Inspector considers it necessary or expedient for the purposes of the inspection ..., he may do any of the following—

Subsection (2)(c)(ii) does not apply unless consent to the interview is given by or on behalf of the person concerned.

The power in subsection (2)(a) includes—

In connection with inspecting any such documents, the Chief Inspector—

A person is within this subsection if he is—

The Chief Inspector may—

The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.

Any person who without reasonable excuse—is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

The Chief Inspector may at any time require any person within subsection (2) to provide him with any information, documents or other items—

The persons within this subsection are—

The power in subsection (1) includes, in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.

Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

In this Chapter “related activity”, in relation to a function of a local authority to which this Chapter applies, has the meaning given by section 135(2) to (4).

For the purposes of this Chapter, references to the performance by a local authority in England of any function include references to—

This Chapter applies in relation to the Isles of Scilly subject to such modifications as may be specified by order made by the Secretary of State.

The Chief Inspector must inspect the performance of CAFCASS functions.

On completing an inspection under this section, the Chief Inspector must make a written report on it.

The Chief Inspector must send copies of the report to—

The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

In this Chapter—

This section applies to an inspection conducted by the Chief Inspector under section 143.

The Chief Inspector may, at any reasonable time, enter for the purposes of the inspection—

Subsection (2) does not confer a power of entry to any part of any domestic premises.

In this section and section 145 “officer of the Service” is to be construed in accordance with section 11(3) of the 2000 Act (establishment of CAFCASS).

In this section “the 2000 Act” means the Criminal Justice and Court Services Act 2000 (c. 43).

This section applies to any inspection conducted by the Chief Inspector under section 143.

If the Chief Inspector considers it necessary or expedient for the purposes of the inspection, he may inspect, take copies of, or take away any documents kept by CAFCASS, or otherwise relating to the performance of CAFCASS functions, which—

The power in subsection (2) includes—