Law

Education Act 2005

United Kingdom · statute

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In force since 2026-09-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 155 provisions
  1. Title and introductory text
  2. 1 Her Majesty's Inspectorate of Schools in England
  3. 2 Functions of Her Majesty's Chief Inspector of Schools in England
  4. 3 Annual and other reports to Secretary of State
  5. 4 Powers of entry etc. for purposes of section 2
  6. 5 Duty to inspect certain schools at prescribed intervals
  7. 6 Duty to notify parents of section 5 inspection
  8. 7 Duty to have regard to views of certain persons
  9. 8 Other inspections
  10. 9 Power or duty to treat other inspection as section 5 inspection
  11. 10 Power of entry etc. for purposes of inspection under section 5 or 8
  12. "10A Interim statements between inspections
  13. 11 Publication of inspection reports
  14. 11A Power of Chief Inspector to investigate complaints about schools
  15. 11B Investigations under section 11A
  16. 11C Reports of investigations
  17. 12 Interpretation of Chapter 1
  18. 13 Duties of Chief Inspector where school causes or has caused concern
  19. 14 Destination of reports: maintained schools
  20. 14A Destination of interim statements: maintained schools
  21. 15 Measures to be taken by local authority
  22. 16 Destination of reports: non-maintained schools
  23. 16A Destination of interim statements: non-maintained schools
  24. 17 Statement to be prepared by proprietor of school
  25. 18 Interpretation of Chapter 2
  26. 19 Her Majesty's Inspectorate of Education and Training in Wales
  27. 20 Functions of Chief Inspector
  28. 21 Annual and other reports to Assembly
  29. 22 Power of Assembly to establish advisory panel
  30. 23 Powers of entry etc. of Chief Inspector
  31. 24 Power of Chief Inspector to arrange for inspections
  32. 25 Registration of inspectors in Wales
  33. 26 Removal from register and imposition or variation of conditions
  34. 27 Appeals in relation to registration
  35. 28 Duty to arrange regular inspections of certain schools
  36. 29 Publication of inspection reports
  37. 30 Payment of fees into Consolidated Fund
  38. 31 Interpretation of Chapter 3
  39. 32 Inspections by members of the Inspectorate
  40. 33 Duty to report on section 28 inspections
  41. 34 Section 28 inspections by registered inspectors
  42. 35 Reports of inspections by members of the Inspectorate
  43. 36 Timing of section 28 inspections by registered inspectors
  44. 37 Duty to notify where inspection shows maintained school causing concern
  45. 38 Destination of reports: maintained schools
  46. 39 Statement to be prepared by appropriate authority for school
  47. 40 Statement to be prepared by local authority
  48. 41 Destination of reports: non-maintained schools
  49. 42 Statement to be prepared by proprietor of school
  50. 43 Interpretation of Chapter 4
  51. 44 Categories of schools causing concern
  52. 44A Schools with sixth forms
  53. 44B Inspection reports on schools with sixth forms requiring significant improvement
  54. 44C Report after area inspection on schools with sixth forms requiring significant improvement
  55. 44D Copies of report and action plan
  56. 44E Report on sixth form schools causing concern after area inspection
  57. 44F Interpretation of sections 44A to 44E
  58. 45 Cases where Secretary of State or Assembly may direct closure of school
  59. 46 Sixth forms requiring significant improvement
  60. 47 Meaning of “denominational education”
  61. 48 Inspection of religious education: England
  62. 49 Procedure for inspections under section 48
  63. 50 Inspection of denominational education: Wales
  64. 51 Power of local authority to inspect maintained school for specific purpose
  65. 52 Provision of inspection services by local authorities in Wales
  66. 53 Inspection of child minding, day care and nursery education
  67. 54 Inspection of independent schools
  68. 55 Inspection of careers services in Wales
  69. 56 Inspection of services related to careers services in Wales
  70. 57 Inspections under sections 55 and 56: further provisions
  71. 58 Inspection of computer records
  72. 59 Combined reports
  73. 60 Repeal of School Inspections Act 1996
  74. 61 Further amendments relating to school inspection
  75. 62 Power of Assembly to change inspection framework for Wales
  76. 63 Interpretation of Part 1
  77. 64 Proposals not requiring consent of Secretary of State
  78. 65 Publication of proposals with consent of Secretary of State
  79. 66 Proposals for new secondary schools in England
  80. 67 Rationalisation of school places in England
  81. 68 Proposals for establishment of federated school in Wales
  82. 69 local authority not to establish school on opposite side of Welsh border
  83. 70 Proposals for discontinuance of rural primary school
  84. 71 Proposals relating to maintained special school
  85. 72 School organisation: further amendments
  86. 73 Interpretation of Part 2
  87. 74 The Training and Development Agency for Schools
  88. 75 Functions of Agency
  89. 76 Functions of Agency in relation to Wales
  90. 77 Membership etc. of Agency
  91. 78 Powers of Agency to provide financial support
  92. 79 Forms of financial support under section 78
  93. 80 Provisions supplementary to sections 78 and 79
  94. 81 Grants to Agency by Secretary of State
  95. 82 Grants to Agency by Assembly
  96. 83 Non-funding functions of Agency
  97. 84 Directions by Secretary of State and Assembly
  98. 84A General duty of Welsh Ministers with respect to teacher training
  99. 84B Power to promote careers in school workforce in Wales
  100. 86 Grants, loans and other payments by HEFCW
  101. 87 Provisions supplementary to section 86
  102. 88 Grants to HEFCW
  103. 89 Power of HEFCW to carry out or commission research
  104. 90 Supplementary and ancillary functions of HEFCW
  105. 92 Joint exercise of functions
  106. 93 Efficiency studies
  107. 94 Provision of information
  108. 95 Power of maintained schools to provide training for the school workforce
  109. 96 Interpretation of references to training
  110. 97 Institutions of a denominational character
  111. 98 Further amendments relating to Part 3
  112. 99 Transitional and transitory provisions relating to Part 3
  113. 100 Interpretation of Part 3
  114. 101 Funding of maintained schools
  115. 102 local authority targets: England
  116. 103 Removal of requirements for governors' reports and parents' meetings
  117. 104 School profiles
  118. 105 Provision and funding of higher education in maintained schools
  119. 106 Admission arrangements to make special provision for looked-after children
  120. 107 Restrictions on disposal of land
  121. 108 Supply of information: education maintenance allowances
  122. 109 Unauthorised disclosure of information received under section 108
  123. 110 Supply of information: free school lunches etc.
  124. 111 Unauthorised disclosure of information received under section 110
  125. 112 Power to provide that function of determining eligibility remains with local authority
  126. 113 Information about the school workforce: introductory
  127. 114 Supply of information about school workforce
  128. 115 Power of governing body to make alternative provision for excluded pupils
  129. 116 Failure of parent to secure regular attendance of child at alternative provision
  130. 117 Further amendments relating to Part 4
  131. 118 Meaning of “the 2002 Act” in Part 4
  132. 119 Functions to be exercisable by National Assembly for Wales
  133. 120 Subordinate legislation: general provisions
  134. 121 Parliamentary control of subordinate legislation
  135. 122 General interpretation
  136. 123 Repeals
  137. 124 Power to make further supplementary and consequential provision etc.
  138. 125 Commencement
  139. 126 The appropriate authority by whom commencement order is made
  140. 127 Extent
  141. 128 Short title, etc.
  142. SCHEDULE 1
  143. SCHEDULE 2 Her Majesty's Chief Inspector of Education and Training in Wales
  144. SCHEDULE 3 Registration of inspectors in Wales: tribunals hearing appeals under section 27
  145. SCHEDULE 4 School inspections in Wales under section 28
  146. SCHEDULE 6 Inspections of denominational education in Wales
  147. SCHEDULE 7 Inspection of child minding, day care and nursery education
  148. SCHEDULE 8 Inspection of independent schools
  149. SCHEDULE 9 Further amendments relating to school inspection
  150. SCHEDULE 12 School organisation: further amendments
  151. SCHEDULE 14 Amendments relating to the training of the school workforce
  152. SCHEDULE 16 Funding of maintained schools
  153. SCHEDULE 17 Foundation, voluntary and foundation special schools: disposal of land
  154. SCHEDULE 18 Further amendments related to provisions of Part 4
  155. SCHEDULE 19 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

155 provisions

68 Proposals for establishment of federated school in Wales

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69 local authority not to establish school on opposite side of Welsh border

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70 Proposals for discontinuance of rural primary school

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71 Proposals relating to maintained special school

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72 School organisation: further amendments

Schedule 12 contains further amendments relating to proposals for the establishment, alteration or discontinuance of schools.

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73 Interpretation of Part 2

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74 The Training and Development Agency for Schools

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75 Functions of Agency

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76 Functions of Agency in relation to Wales

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77 Membership etc. of Agency

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78 Powers of Agency to provide financial support

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79 Forms of financial support under section 78

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80 Provisions supplementary to sections 78 and 79

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81 Grants to Agency by Secretary of State

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82 Grants to Agency by Assembly

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83 Non-funding functions of Agency

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84 Directions by Secretary of State and Assembly

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84A General duty of Welsh Ministers with respect to teacher training

In carrying out their duties under sections 10 and 11 of the Education Act 1996, the Welsh Ministers must in particular make such arrangements as they consider expedient for securing that sufficient facilities are available for the training of teachers to serve in— (a) schools maintained by local authorities in Wales, (b) institutions in Wales within the further education sector, and (c) institutions in Wales which are maintained by local authorities in Wales and provide higher education or further education (or both).

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84B Power to promote careers in school workforce in Wales

(1) The Welsh Ministers may promote careers in the school workforce in Wales. (2) The Welsh Ministers may exercise the power conferred by subsection (1) jointly with the Secretary of State or any other person with functions relating to careers in the school workforce. (3) The Welsh Ministers may make arrangements for the power conferred by subsection (1) to be exercised on their behalf by any other person. (4) Arrangements under subsection (3) may (in particular) make provision for that power to be exercised— (a) to the extent, and on the terms, specified in the arrangements; (b) generally or in such circumstances as are specified in the arrangements; (c) jointly with any person with whom it can be exercised jointly by the Welsh Ministers by virtue of subsection (2). (5) Arrangements under subsection (3) do not prevent the power conferred by subsection (1) from being exercised by the Welsh Ministers.

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86 Grants, loans and other payments by HEFCW

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87 Provisions supplementary to section 86

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88 Grants to HEFCW

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89 Power of HEFCW to carry out or commission research

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90 Supplementary and ancillary functions of HEFCW

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92 Joint exercise of functions

(1) The Secretary of State ... and any other relevant funding body may exercise any of their functions jointly. (2) In subsection (1) “other relevant funding body” means ... the Office for Students ... ... ... . (2A) The reference in subsection (1) to the functions of the Secretary of State is to the functions of the Secretary of State relating to training for members of the school workforce. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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93 Efficiency studies

(1) The Secretary of State ... may arrange for the promotion or the carrying out by any person of studies designed to improve economy, efficiency and effectiveness in the management or operations of a qualifying person. (2) A person promoting or carrying out such studies at the request of the Secretary of State ... may require the qualifying person concerned— (a) to provide him, or a person authorised by him, with such information, and (b) to make available to him, or a person authorised by him, for inspection their accounts and such other documents, as he may reasonably require for that purpose. (3) In this section “qualifying person” means— (a) a training provider receiving financial assistance under section 14 of the Education Act 2002 from the Secretary of State, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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94 Provision of information

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The persons and bodies mentioned in subsection (4) must— (a) give the Secretary of State such information as the Secretary of State may require for the purpose of the exercise of the Secretary of State's functions relating to training for members of the school workforce; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The persons and bodies referred to in subsection (3) are— (a) a person receiving, or who has received or applied for ... financial assistance from the Secretary of State under section 14 of the Education Act 2002; (b) a local authority.

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95 Power of maintained schools to provide training for the school workforce

(1) The governing body of a maintained school may— (a) provide courses of initial or further training for school teachers, (b) provide courses of training for other members of the school workforce, or (c) join in partnership with other training providers, or (alone or jointly with other training providers) establish a body, for the purpose of providing training falling within paragraph (a) or (b). (2) It is immaterial for the purposes of subsection (1) whether or not the training constitutes higher education. (3) In relation to an exercise of the powers conferred by subsection (1), the governing body has all the same supplementary and incidental powers as it has in relation to the conduct of the school. (4) Any exercise by the governing body of a maintained school of the powers conferred by this section is not to be treated, for the purposes of Chapter 4 of Part 2 of the School Standards and Framework Act 1998 (c. 31) (financing of maintained schools) as being undertaken for the purposes of the school. (5) Section 80 of the School Standards and Framework Act 1998 (exercise of power to provide further education) does not apply in relation to any course of training that is provided under this section. (6) Nothing in this section is to be read as affecting the power of the governing body of a school, as an ordinary incident of the conduct of the school— (a) to provide training for members of the school workforce who work at the school, or (b) to participate in the provision of training for members of the school workforce as part of a course provided by another training provider.

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96 Interpretation of references to training

(1) References in this Part to training, in relation to teachers or other members of the school workforce (including references to the provision of training “for” teachers or other members of the school workforce), include— (a) any training or education with the object of fitting persons to be teachers or other members of the school workforce, or to be better teachers or other members of the school workforce, and (b) any assessment related to the award of any qualification or status as a teacher or other member of the school workforce. (2) References elsewhere in the Education Acts to training, in relation to teachers, include any training or education with a view to fitting persons to be teachers, or better teachers.

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97 Institutions of a denominational character

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98 Further amendments relating to Part 3

Schedule 14 contains amendments related to the preceding provisions of this Part.

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99 Transitional and transitory provisions relating to Part 3

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100 Interpretation of Part 3

(1) In this Part— ... “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills; ... ... ... ... ... “maintained school” means— a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school; “the school workforce” and “member of the school workforce” are to be read in accordance with subsection (1A); “training”, in relation to members of the school workforce, is to be read in accordance with section 96(1); “training provider” means a person who provides training for members of the school workforce. (1A) For the purposes of this Part, the school workforce consists of the following members— (a) persons who work in schools, and (b) other persons who are teachers or who carry out work that consists of or includes teaching. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Other expressions, if used in this Part and the Education Act 1996 (c. 56), have the same meaning in this Part as in that Act.

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101 Funding of maintained schools

Schedule 16 contains amendments relating to the funding by local authorities of schools maintained by them.

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102 local authority targets: England

(1) The Secretary of State may by regulations require local authorities in England to set annual targets in respect of the educational performance— (a) of pupils at schools maintained by them, and (b) of any persons of compulsory school age (whether or not pupils at such schools) who are or have been looked after by them. (2) Regulations under this section may in particular— (a) specify the matters in respect of which targets are required to be set; (b) require proposed targets to be notified to the Secretary of State by a prescribed time; (c) authorise the Secretary of State— (i) to modify any proposed target notified to him, or (ii) to require a local authority to modify the proposed targets and to notify him of the proposed targets as modified; (d) require the targets to be set by a prescribed time; (e) require local authorities to publish, in such manner as may be specified in the regulations, any targets which they set. (3) In subsection (1), “looked after” is to be read in accordance with section 22 of the Children Act 1989 (c. 41).

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103 Removal of requirements for governors' reports and parents' meetings

(1) In section 30 of the 2002 Act (governors' report and other information)— (a) in subsections (1) and (2)(a), after “maintained school” insert “ in Wales ”, (b) in subsections (3) and (4), after “maintained school” insert “ (in England or Wales) ”, and (c) in the heading, insert “ (Wales) ” after “reports”. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The Assembly may by order— (a) repeal either or both of the following provisions of the 2002 Act— (i) section 30(1) and (2) (as amended by subsection (1)(a) of this section), and (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) make such amendments of any other enactment as appear to the Assembly to be necessary or expedient in consequence of any repeal made by virtue of paragraph (a).

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104 School profiles

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105 Provision and funding of higher education in maintained schools

After section 28 of the 2002 Act insert— Power of governing body to provide higher education 28A (1) Subject to subsection (2), the governing body of a maintained school shall have power to arrange the provision to pupils at the school (whether by teachers at the school or other persons) of courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level). (2) A governing body may exercise the power under subsection (1) in relation to a particular pupil only if they are satisfied that the provision to that pupil of the course in question will not to any significant extent interfere with the other education with which he is being provided at the school. (3) The National Assembly for Wales may give, or make arrangements for the giving of, financial assistance to any person in connection with the provision of courses mentioned in subsection (1) by the governing body of a maintained school in Wales. (4) Sections 15 and 16 apply to financial assistance given under subsection (3) as they apply to financial assistance given under section 14. (5) This section has effect notwithstanding section 1(4) of the Education Act 1996 (functions not conferred with respect to higher education).

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106 Admission arrangements to make special provision for looked-after children

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107 Restrictions on disposal of land

Schedule 17 contains amendments of Schedule 22 to the School Standards and Framework Act 1998 (which makes provision as to the disposal of land held for the purposes of foundation, voluntary or foundation special schools and as to the property of maintained schools on their discontinuance).

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