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Education and Inspections Act 2006

2006 CHAPTER 40

CONTENTS

Go to Preamble

  1. Part 1

    Education functions of local authorities

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

    2. 2. Duties in relation to diversity and choice

    3. 3. Duty to consider parental representations

    4. 4. Duty to identify children not receiving education

    5. 5. School improvement partners

    6. 6. Functions in respect of youth work, recreation etc

  2. Part 2

    Establishment, discontinuance or alteration of schools

    1. Establishment of new schools

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

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

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

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

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

      6. 12. Establishment of school as federated school

      7. 13. Schools established outside area of relevant LEA

      8. 14. LEA in England not to establish school in Wales

    2. Discontinuance of schools

      1. 15. Proposals for discontinuance of schools maintained by local education authority

      2. 16. Consultation in relation to proposals under section 15

      3. 17. Direction requiring discontinuance of community or foundation special school

    3. Alterations to schools

      1. 18. Alterations that may be made under section 19

      2. 19. Publication of proposals for alteration of school

      3. 20. Restriction on power of governing body to publish foundation proposals

      4. 21. Proposals under section 19: procedure

      5. 22. Right of governing body to determine own foundation proposals

      6. 23. Rights of interested bodies in relation to proposals under section 21

      7. 24. Proposals under section 19: implementation

    4. Removal of foundation or reduction in foundation governors

      1. 25. Proposals for removal of foundation or reduction in foundation governors

      2. 26. Proposals under section 25: procedure

      3. 27. Proposals under section 25: implementation

    5. General

      1. 28. Restriction on establishment, alteration or discontinuance of schools

      2. 29. Abolition of school organisation committees

      3. 30. Amendments relating to school organisation

      4. 31. Transitional provisions

      5. 32. Interpretation of Part 2

  3. Part 3

    Further provisions about maintained schools

    1. Foundation, voluntary and foundation special schools

      1. 33. Requirements as to foundations

      2. 34. Parent councils for certain foundation or foundation special schools

      3. 35. Funding of voluntary aided schools: meaning of “capital expenditure”

      4. 36. Disposals and changes of use of land

      5. 37. Staff at foundation or voluntary schools with religious character

    2. General duties of governing body

      1. 38. General duties of governing body of maintained school

    3. School admissions

      1. 39. General restriction on selection by ability

      2. 40. Code for school admissions

      3. 41. Role of admission forums

      4. 42. Support for parental preferences

      5. 43. Duty of governing body to implement decisions relating to admissions

      6. 44. Prohibition on interviews

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

      8. 46. Restrictions on alteration of admission arrangements

      9. 47. Objections to admission arrangements

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

      11. 49. Procedure for giving directions under section 96 of SSFA 1998

      12. 50. Direction to admit looked after child to specified school

      13. 51. Directions to admit child to specified school: supplementary provisions

      14. 52. Power of Assembly to make regulations about looked after children

      15. 53. Schools with pre-1998 arrangements for selection by ability or aptitude

      16. 54. Pupil banding

    4. Miscellaneous

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

      2. 56. Charges for music tuition

      3. 57. School funding

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

  4. Part 4

    Schools causing concern: England

    1. Introduction

      1. 59. Meaning of “maintained school” and “eligible for intervention”

    2. Schools that are eligible for intervention

      1. 60. Warning notice by local education authority

      2. 61. School requiring significant improvement

      3. 62. School requiring special measures

    3. Intervention by local education authority

      1. 63. Power of LEA to require governing body to enter into arrangements

      2. 64. Power of LEA etc. to appoint additional governors

      3. 65. Power of LEA to provide for governing body to consist of interim executive members

      4. 66. Power of LEA to suspend right to delegated budget

    4. Intervention by Secretary of State

      1. 67. Power of Secretary of State to appoint additional governors

      2. 68. Power of Secretary of State to direct closure of school

      3. 69. Power of Secretary of State to provide for governing body to consist of interim executive members

    5. Governing bodies consisting of interim executive members: further provisions

      1. 70. Governing bodies consisting of interim executive members

    6. Amendments relating to schools causing concern

      1. 71. Amendments relating to schools causing concern

    7. Supplementary

      1. 72. Duty of LEA to have regard to guidance

      2. 73. Interpretation of Part 4

  5. Part 5

    Curriculum and entitlements

    1. 74. Curriculum requirements for the fourth key stage

    2. 75. Education and training to satisfy entitlements

  6. Part 6

    School travel and school food

    1. Travel to schools etc

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

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

      3. 78. LEAs in England: school travel schemes

      4. 79. Piloting of school travel scheme provisions

      5. 80. Power to repeal school travel scheme provisions etc

      6. 81. LEAs in England: provision of transport etc for certain adult learners

      7. 82. Amendments of section 444 of EA 1996 in relation to school travel

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

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

      10. 85. Further amendments relating to travel to schools etc

    2. Food and drink provided on school premises etc

      1. 86. Provision of food and drink on school premises etc

      2. 87. Power to charge for provision of meals etc

  7. Part 7

    Discipline, behaviour and exclusion

    1. Chapter 1

      School Discipline

      1. Certain schools required to have behaviour policy

        1. 88. Responsibility of governing body for discipline

        2. 89. Determination by head teacher of behaviour policy

      2. Enforcement of discipline (including compliance with instructions)

        1. 90. Meaning of “disciplinary penalty”

        2. 91. Enforcement of disciplinary penalties: general

        3. 92. Enforcement of disciplinary penalties: detention outside school sessions

      3. Use of reasonable force

        1. 93. Power of members of staff to use force

      4. Confiscation from pupils

        1. 94. Defence where confiscation lawful

      5. Interpretation of Chapter 1

        1. 95. Interpretation of Chapter 1

      6. Repeals

        1. 96. Repeals consequential on provisions of Chapter 1

    2. Chapter 2

      Parental responsibilities and excluded pupils

      1. Parenting contracts and parenting orders

        1. 97. Parenting contracts

        2. 98. Parenting orders in case of exclusion or misbehaviour

        3. 99. Parenting contracts and parenting orders: further provisions

      2. Excluded pupils

        1. 100. Duty of governing body or proprietor where pupil excluded for fixed period

        2. 101. Duty of local education authority in relation to excluded pupils

        3. 102. Reintegration interviews

        4. 103. Duty of parent in relation to excluded pupil

        5. 104. Notice to parent relating to excluded pupil

        6. 105. Penalty notice in respect of presence of excluded pupil in public place

        7. 106. Penalty notices: supplemental

        8. 107. Penalty notices: amendments of Police Reform Act 2002

        9. 108. Removal of excluded pupils to designated premises

      3. School attendance

        1. 109. Failure to secure school attendance

        2. 110. Sums received under section 444A of EA 1996

      4. Interpretation of Chapter 2

        1. 111. Meaning of “maintained school” and “relevant school” in Chapter 2

  8. Part 8

    Inspections

    1. Chapter 1

      The Office and the Chief Inspector

      1. The Office

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

      2. The Chief Inspector and other inspectors

        1. 113. Her Majesty’s Chief Inspector of Education, Children’s Services and Skills

        2. 114. Her Majesty’s Inspectors of Education, Children’s Services and Skills

        3. 115. Further provision about Chief Inspector and other inspectors etc.

      3. Functions: the Office

        1. 116. Functions of the Office

        2. 117. Performance of Office’s functions

      4. Functions: the Chief Inspector

        1. 118. Functions of the Chief Inspector

        2. 119. Performance of Chief Inspector’s functions

      5. The Children’s Rights Director

        1. 120. Children’s Rights Director

      6. Annual reports etc.

        1. 121. Annual and other reports to Secretary of State

    2. Chapter 2

      General transfer of functions

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

    3. Chapter 3

      Inspection of Further Education and Training etc.

      1. Education and training to which this Chapter applies

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

      2. Inspection

        1. 124. Inspection of education and training to which this Chapter applies

        2. 125. Inspection of further education institutions

        3. 126. Other inspections

        4. 127. Action plans

        5. 128. Area inspections

        6. 129. Reports of area inspections

        7. 130. Action plans following area inspections

      3. Powers of entry etc.

        1. 131. Power of entry

        2. 132. Power to inspect documents, etc.

      4. Other provisions

        1. 133. Framework for inspections

        2. 134. Abolition of Adult Learning Inspectorate

    4. Chapter 4

      Inspection and review of Local Authorities in England

      1. Functions to which this Chapter applies

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

      2. Inspections and annual reviews

        1. 136. Inspection of local authorities in England

        2. 137. Reports of inspections under section 136

        3. 138. Annual reviews of local authorities in England

      3. Powers of entry etc.

        1. 139. Power of entry

        2. 140. Power to inspect documents, etc.

      4. Supplementary

        1. 141. Power to require information etc.

        2. 142. Interpretation etc.

    5. Chapter 5

      Inspection of CAFCASS functions

      1. 143. Inspection of CAFCASS functions

      2. 144. Power of entry

      3. 145. Power to inspect documents, etc.

    6. Chapter 6

      Further provisions relating to functions of Chief Inspector

      1. Functions

        1. 146. Inspection of secure training centres

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

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

        4. 149. Interaction with other authorities

      2. General provisions

        1. 150. Evidence of authority

        2. 151. Publication of inspection reports

        3. 152. Combined reports

        4. 153. Use of information

    7. Chapter 7

      Miscellaneous and supplementary

      1. Miscellaneous

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

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

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

      2. Supplementary

        1. 157. Minor and consequential amendments

        2. 158. Transitional provisions and savings

        3. 159. Interpretation of Part 8

  9. Part 9

    Miscellaneous

    1. Investigation of complaints by Chief Inspector

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

    2. Powers to facilitate innovation

      1. 161. Powers to facilitate innovation

    3. References to “local education authority” or “children’s services authority”

      1. 162. Power to repeal references to “local education authority” and “children’s services authority” etc

    4. Provision of advice by adjudicator

      1. 163. Provision of advice by adjudicator

    5. Information about children receiving publicly-funded education

      1. 164. Information about children receiving funded education outside school

    6. Further education

      1. 165. Power of members of staff of further education institutions to use force

      2. 166. Collaboration arrangements: maintained schools and further education bodies

    7. Early years provision

      1. 167. Consultation with young pupils

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

    8. Independent schools

      1. 169. Prohibition on participation in management of independent school

      2. 170. Prohibition on participation in management: supplementary

      3. 171. Prohibition on participation in management: transitional provision

      4. 172. Offences relating to independent schools

    9. Special educational needs

      1. 173. Special educational needs co-ordinators

      2. 174. Time limits relating to statements of special educational needs

    10. Other miscellaneous provisions

      1. 175. Miscellaneous amendments relating to Wales

      2. 176. Support schemes relating to education and training for persons aged 10 to 15

      3. 177. University bodies: amendment of section 29 of Leasehold Reform Act 1967

  10. Part 10

    General

    1. 178. Framework power relating to Wales

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

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

    4. 181. Orders and regulations: general provisions

    5. 182. Parliamentary control of orders and regulations

    6. 183. Power to make consequential and transitional provision etc

    7. 184. Repeals

    8. 185. Financial provisions

    9. 186. Abbreviations of Acts

    10. 187. General interpretation

    11. 188. Commencement

    12. 189. The appropriate authority by whom commencement order is made

    13. 190. Extent

    14. 191. Short title

    1. Schedule 1

      Amendments related to section 6

    2. Schedule 2

      Proposals for establishment or discontinuance of schools in England

      1. Part 1

        Introductory

      2. Part 2

        Consideration of proposals by local education authority or adjudicator

      3. Part 3

        Implementation of proposals

      4. Part 4

        Provision of premises and other assistance in connection with establishment of new school

    3. Schedule 3

      Amendments relating to school organisation

    4. Schedule 4

      Disposals and changes of use of land

      1. Part 1

        Amendments to Schedule 22 to SSFA 1998

      2. Part 2

        Amendments to section 77 of SSFA 1998

      3. Part 3

        Consequential amendments

    5. Schedule 5

      Funding of maintained schools

    6. Schedule 6

      Governing bodies consisting of interim executive members

    7. Schedule 7

      Amendments relating to schools causing concern

      1. Part 1

        Principal amendments

      2. Part 2

        Minor and consequential amendments

    8. Schedule 8

      Travel to schools etc: meaning of “eligible child”

    9. Schedule 9

      School travel schemes

    10. Schedule 10

      Further amendments relating to travel to schools etc

    11. Schedule 11

      The Office for Standards in Education, Children’s Services and Skills

    12. Schedule 12

      The Chief Inspector and other inspectors etc.

      1. Part 1

        The Chief Inspector

      2. Part 2

        Inspectors etc. acting on behalf of Chief Inspector

    13. Schedule 13

      Interaction with other authorities

    14. Schedule 14

      Minor and consequential amendments relating to Part 8

    15. Schedule 15

      Transitional provisions and savings relating to Part 8

    16. Schedule 16

      Powers to facilitate innovation

      1. Part 1

        Amendments of Chapter 1 of Part 1 of EA 2002

      2. Part 2

        Consequential amendment

    17. Schedule 17

      Miscellaneous amendments relating to Wales

    18. Schedule 18

      Repeals

      1. Part 1

        Repeals coming into force on Royal Assent

      2. Part 2

        Repeals coming into force in accordance with section 188(2)

      3. Part 3

        School organisation

      4. Part 4

        Schools causing concern

      5. Part 5

        Inspections

      6. Part 6

        Other repeals

An Act to make provision about primary, secondary and further education and about training; to make provision about food or drink provided on school premises or in connection with the provision of education or childcare; to provide for the establishment of an Office for Standards in Education, Children’s Services and Skills and the appointment of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills and make provision about the functions of that Office and that Chief Inspector; to provide for the amendment of references to local education authorities and children’s services authorities; to amend section 29 of the Leasehold Reform Act 1967 in relation to university bodies; and for connected purposes.

[8th November 2006]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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