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Education Act 2002

2002 CHAPTER 32

CONTENTS

Go to Preamble

  1. Part 1

    Provision for new legal frameworks

    1. Chapter 1

      Powers to facilitate innovation

      1. 1. Purpose and interpretation of Chapter 1

      2. 2. Power to suspend statutory requirements etc.

      3. 3. Variation or revocation of orders under section 2

      4. 4. Applications for orders under section 2

      5. 5. Annual report

    2. Chapter 2

      Exemptions related to school performance

      1. 6. Interpretation of Chapter 2

      2. 7. Exemptions available to qualifying schools

      3. 8. Applications for orders under section 7(2)

      4. 9. Removal of exemptions

      5. 10. Determination of pay and conditions during and after exemption

    3. Chapter 3

      Powers to form companies etc

      1. 11. Powers of governing bodies to form or invest in companies to provide services etc.

      2. 12. Limits on powers conferred by section 11

      3. 13. General powers of Secretary of State in relation to companies

  2. Part 2

    Financial assistance for education and childcare

    1. 14. Power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or childcare

    2. 15. Forms of assistance under section 14

    3. 16. Terms on which assistance under section 14 is given

    4. 17. Delegation

    5. 18. Repeal of specific grant-making powers

  3. Part 3

    Maintained schools

    1. Chapter 1

      Government of maintained schools

      1. 19. Governing bodies

      2. 20. Instruments of government

      3. 21. General responsibility for conduct of school

      4. 22. Training and support of governors

      5. 23. Clerk to the governing body

      6. 24. Federations of schools

      7. 25. Federations: supplementary provisions

      8. 26. Collaboration between schools

      9. 27. Power of governing body to provide community facilities etc.

      10. 28. Limits on power to provide community facilities etc.

      11. 29. Additional functions of governing body

      12. 30. Governors' reports and other information

      13. 31. Control of school premises

      14. 32. Responsibility for fixing dates of terms and holidays and times of sessions

      15. 33. Annual parents' meetings

      16. 34. Arrangements for government of new schools

      17. 35. Staffing of community, voluntary controlled, community special and maintained nursery schools

      18. 36. Staffing of foundation, voluntary aided and foundation special schools

      19. 37. Payments in respect of dismissal, etc.

      20. 38. Communication with schools

      21. 39. Interpretation of Chapter 1

      22. 40. Amendments of Part 2 of School Standards and Framework Act 1998

    2. Chapter 2

      Financing of maintained schools

      1. Determination of budgets

        1. 41. Determination of specified budgets of LEA

        2. 42. Power of Secretary of State to set minimum schools budget

        3. 43. Schools forums

      2. Accounts and financial statements

        1. 44. Accounts of maintained schools

        2. 45. Financial statements

    3. Chapter 3

      Admissions, exclusions and attendance

      1. Admission arrangements

        1. 46. Admission forums

        2. 47. Admission numbers

        3. 48. Co-ordination of admission arrangements

        4. 49. Repeal of power to make certain special arrangements for preserving religious character

        5. 50. Admission appeals

        6. 51. Further amendments relating to admission arrangements

      2. Exclusion of pupils

        1. 52. Exclusion of pupils

      3. Attendance targets

        1. 53. Attendance targets

  4. Part 4

    Powers of intervention

    1. Schools causing concern

      1. 54. Duty to notify where inspection shows school causing concern

      2. 55. Cases in which powers of intervention exercisable

      3. 56. Power of Secretary of State to appoint additional governors or direct closure

      4. 57. Power of LEA to provide for governing body to consist of interim executive members

      5. 58. Power of Secretary of State to provide for governing body to consist of interim executive members

      6. 59. Governing bodies consisting of interim executive members

    2. Local education authorities

      1. 60. Powers of Secretary of State to secure proper performance of LEA’s functions

      2. 61. Power to secure proper performance: duty of authority where directions contemplated

      3. 62. Power to secure proper performance: further provisions

      4. 63. Power to require LEA to obtain advisory services

      5. 64. Provisions supplementary to section 63

  5. Part 5

    School organisation

    1. Academies and city colleges

      1. 65. Academies

      2. 66. Arrangements for admission of pupils to Academies

      3. 67. Conversion of city academies into Academies

      4. 68. City colleges

      5. 69. Uniform statutory trusts

    2. Proposals to establish, alter or discontinue schools

      1. 70. Proposals for additional secondary schools

      2. 71. Duty of LEAs to secure proposals

      3. 72. Proposals relating to sixth forms

      4. 73. Proposals by governing bodies of community schools

      5. 74. Proposals for establishment of federated school

      6. 75. Changes to existing procedures

  6. Part 6

    The curriculum in England

    1. Preliminary

      1. 76. Interpretation of Part 6

      2. 77. Meaning of “nursery education” and related expressions

    2. General duties in respect of the curriculum

      1. 78. General requirements in relation to curriculum

      2. 79. Duty to implement general requirements

      3. 80. Basic curriculum for every maintained school in England

    3. The National Curriculum for England

      1. 81. The foundation stage

      2. 82. The key stages

      3. 83. Curriculum requirements for foundation stage

      4. 84. Curriculum requirements for first, second and third key stages

      5. 85. Curriculum requirements for fourth key stage

      6. 86. Power to alter or remove requirements for fourth key stage

      7. 87. Establishment of the National Curriculum for England by order

      8. 88. Implementation of the National Curriculum for England in schools

      9. 89. Implementation in respect of nursery schools etc.

    4. The National Curriculum for England: special cases

      1. 90. Development work and experiments

      2. 91. Exceptions by regulations

      3. 92. Pupils with statements of special educational needs

      4. 93. Temporary exceptions for individual pupils

      5. 94. Information concerning directions under section 93

      6. 95. Appeals against directions under section 93 etc.

    5. Supplementary provisions

      1. 96. Procedure for making certain orders and regulations

  7. Part 7

    The curriculum in Wales

    1. Preliminary

      1. 97. Interpretation of Part 7

      2. 98. Meaning of “nursery education” and related expressions

    2. General duties in respect of the curriculum

      1. 99. General requirements in relation to curriculum

      2. 100. Duty to implement general requirements

      3. 101. Basic curriculum for every maintained school in Wales

    3. The National Curriculum for Wales

      1. 102. The foundation stage

      2. 103. The key stages

      3. 104. Curriculum requirements for foundation stage

      4. 105. Curriculum requirements for first, second and third key stages

      5. 106. Curriculum requirements for fourth key stage

      6. 107. Power to alter or remove requirements for fourth key stage

      7. 108. Establishment of the National Curriculum for Wales by order

      8. 109. Implementation of the National Curriculum for Wales in schools

      9. 110. Implementation in respect of nursery schools etc.

    4. The National Curriculum for Wales: special cases

      1. 111. Development work and experiments

      2. 112. Exceptions by regulations

      3. 113. Pupils with statements of special educational needs

      4. 114. Temporary exceptions for individual pupils

      5. 115. Information concerning directions under section 114

      6. 116. Appeals against directions under section 114 etc.

    5. Supplementary provisions

      1. 117. Procedure for making certain orders and regulations

      2. 118. Programmes of research etc in relation to Wales

  8. Part 8

    Teachers

    1. Teachers' pay and conditions

      1. 119. School Teachers' Review Body

      2. 120. Review Body: function

      3. 121. Consultation by Review Body

      4. 122. Power to prescribe pay and conditions

      5. 123. Order under section 122: scope

      6. 124. Order under section 122: supplemental

      7. 125. Reference to Review Body

      8. 126. Consultation by Secretary of State

      9. 127. Guidance

      10. 128. Education action zone

      11. 129. Transfer of employment

      12. 130. Repeal of School Teachers' Pay and Conditions Act 1991

    2. School teachers' appraisal

      1. 131. Appraisal

    3. School teachers' qualifications

      1. 132. Qualified teacher status

      2. 133. Requirement to be qualified

      3. 134. Requirement to be registered

      4. 135. Head teachers

    4. Further education

      1. 136. Provision of education

      2. 137. Principals of further education institutions

      3. 138. Training in provision of further education

      4. 139. Wales: provision of higher education

      5. 140. Further education: general

    5. Health and fitness

      1. 141. Health and fitness

    6. Misconduct etc.

      1. 142. Prohibition from teaching, etc.

      2. 143. Directions under section 142: contractor, agency, etc.

      3. 144. Directions under section 142: appeal

    7. Sections 132 to 140: general

      1. 145. Specification of qualification or course

      2. 146. Repeal of sections 218 and 218A of Education Reform Act 1988

    8. 1999 Pay Document

      1. 147. Application of pay-scale

    9. General Teaching Councils for England and Wales

      1. 148. The General Teaching Councils for England and Wales

  9. Part 9

    Childcare and nursery education

    1. Childcare

      1. 149. Duties of LEA in respect of childcare

      2. 150. Early years development and childcare partnerships and plans

      3. 151. Childcare functions of Her Majesty’s Chief Inspector and National Assembly for Wales

      4. 152. Regulation of child minding and day care

    2. Nursery education

      1. 153. Powers of LEA in respect of funded nursery education

      2. 154. Establishment or alteration of maintained nursery schools

      3. 155. Inspection of nursery education

      4. 156. Meaning of “nursery school” and “primary education”

  10. Part 10

    Independent schools

    1. Chapter 1

      Regulation of independent schools

      1. Standards

        1. 157. Independent school standards

      2. Requirement of registration

        1. 158. The registers

        2. 159. Unregistered schools

      3. Registration procedure

        1. 160. Applications for registration

        2. 161. Determination of applications for registration

      4. Enforcement of standards after registration

        1. 162. Changes to registered details

        2. 163. Power to inspect registered schools

        3. 164. Inspections: supplementary

        4. 165. Failure to meet standards

        5. 166. Appeals

        6. 167. Determination of appeals

      5. Supplementary

        1. 168. Provision of information

        2. 169. Unsuitable persons

        3. 170. Service of notice etc.

        4. 171. Interpretation of Chapter 1

    2. Chapter 2

      Children with special educational needs

      1. 172. Alteration to definition of “independent school”

      2. 173. Right of access of LEA

      3. 174. Consent to placement

  11. Part 11

    Miscellaneous and General

    1. General duties of LEAs and governing bodies

      1. 175. Duties of LEAs and governing bodies in relation to welfare of children

      2. 176. Consultation with pupils

    2. Education and training outside schools

      1. 177. Meaning of “secondary education”

      2. 178. Training and education provided in the workplace for 14 to 16 year olds

      3. 179. Rights of entry in relation to inspections

      4. 180. Inspections of LEAs: rights of entry etc.

    3. Allowances in respect of education or training

      1. 181. Allowances in respect of education or training

      2. 182. Learning agreements

      3. 183. Transfer of functions relating to allowances under section 181

      4. 184. Delegation of functions relating to allowances

      5. 185. Supplementary provisions relating to transfer or delegation of functions

    4. Student loans

      1. 186. Student loans

    5. Education action zones

      1. 187. Education action zones

    6. School inspections

      1. 188. School inspections

    7. Qualifications

      1. 189. Amendments of Part 5 of Education Act 1997

      2. 190. LEA functions: qualifications

    8. Special educational needs: Wales

      1. 191. Regional provision for special educational needs in Wales

      2. 192. Directions to bring forward proposals to secure regional provision

      3. 193. Powers of Assembly to make proposals to secure regional provision

      4. 194. Welsh LEAs' powers to make regional provision

      5. 195. The Special Educational Needs Tribunal for Wales

    9. Other provisions relating only to Wales

      1. 196. Publication and provision of material

      2. 197. Partnership agreements and statements

      3. 198. Transition from primary to secondary school

    10. Provision of services

      1. 199. Transport for persons over compulsory school age

      2. 200. Remission of charges relating to residential trips

      3. 201. LEA functions concerning school lunches, milk etc.

    11. Miscellaneous

      1. 202. Further education institutions: records

      2. 203. Further education institutions: hazardous material, etc.

      3. 204. Baseline assessments

      4. 205. Application of Part 5 of Education Act 1996 to nursery education

      5. 206. Nuisance or disturbance on educational premises

      6. 207. Recoupment: adjustment between local education authorities

      7. 208. Recoupment: special cases

      8. 209. Paid chairmen for local learning and skills councils

    12. General

      1. 210. Orders and regulations

      2. 211. Wales

      3. 212. General interpretation

      4. 213. Financial provisions

      5. 214. Transitional provisions etc.

      6. 215. Minor and consequential amendments and repeals

      7. 216. Commencement

      8. 217. Short title and extent

    1. Schedule 1

      Incorporation and powers of governing body

    2. Schedule 2

      Effect on staffing of suspension of delegated budget

      1. Part 1

        Community, voluntary controlled, community special and maintained nursery schools

      2. Part 2

        Foundation, voluntary aided and foundation special schools

    3. Schedule 3

      Amendments of Part 2 of School Standards and Framework Act 1998

    4. Schedule 4

      Admission arrangements

    5. Schedule 5

      Schools causing concern: amendments consequential on sections 55 and 56

    6. Schedule 6

      Governing bodies consisting of interim executive members – Schedule to be inserted in School Standards and Framework Act 1998 as Schedule 1A

    7. Schedule 7

      Academies: supplementary

      1. Part 1

        Land

      2. Part 2

        Miscellaneous

    8. Schedule 8

      Proposals for additional secondary schools: supplementary

    9. Schedule 9

      Proposals relating to sixth forms: implementation

    10. Schedule 10

      Establishment etc of schools: procedural changes

    11. Schedule 11

      School Teachers' Review Body

    12. Schedule 12

      The General Teaching Councils for England and Wales

      1. Part 1

        Amendments of Teaching and Higher Education Act 1998

      2. Part 2

        Amendments of other enactments

    13. Schedule 13

      Regulation of child minding and day care

    14. Schedule 14

      Inspection of nursery education

    15. Schedule 15

      Education action zones

    16. Schedule 16

      Amendments of School Inspections Act 1996

    17. Schedule 17

      Amendments of Part 5 of Education Act 1997

    18. Schedule 18

      Special Educational Needs Tribunal for Wales

    19. Schedule 19

      Transport for persons over compulsory school age

    20. Schedule 20

      Nuisance or disturbance on educational premises

    21. Schedule 21

      Minor and consequential amendments

    22. Schedule 22

      Repeals

      1. Part 1

        Repeals coming into force in accordance with section 216(2)

      2. Part 2

        Repeals coming into force in accordance with section 216(3)

      3. Part 3

        Repeals coming into force in accordance with section 216(4)

An Act to make provision about education, training and childcare.

[24th July 2002]

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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