Education Act 2005
|Long title||An Act to make provision about the inspection of schools, child minding, day care, nursery education and careers services; to make other provision about school education; to make provision about the training of persons who work in schools and other persons who teach, about the supply of personal information for purposes related to education and about the attendance of children at educational provision outside schools; and for connected purposes.|
|Citation||2005 c 18|
|Territorial extent||England and Wales, except that sections 108 and 109, section 124, so far as relating to those sections, and the other provisions of Part 5, except sections 119 and 122 and 123, also extend to Scotland and Northern Ireland, and that any amendment or repeal made by the Act has the same extent as the enactment amended or repealed.|
|Royal assent||7 April 2005|
|Text of statute as originally enacted|
|Revised text of statute as amended|
The Education Act 2005 (c 18) is an Act of the Parliament of the United Kingdom. It was enacted in order to simplify the process of school improvement, strengthening the accountability framework for schools, in particular by amending the approach used by Ofsted when inspecting schools in England. This Act repealed the provisions of the School Inspections Act 1996.
The Act also brought about changes to the role of the Teacher Training Agency, broadened the need for local education authorities to invite proposals for new schools, and introduced 3-year budgets for maintained schools.
The Education Act is divided into five parts, which are summarised below:
Part 1 - School inspections and other inspections by school inspectors
This part of the Act sets out
- Procedures for appointment and removal of Her Majesty's Chief Inspectors of Schools in England and Wales
- Requirements for inspections of schools at 'prescribed intervals'
- Requirement to publish school inspection reports
- The circumstances under which a school should be deemed to require special measures or significant improvement; and
- Procedures to be invoked when a school is deemed to require special measures or significant improvement; and
- The steps which must be taken by responsible authorities in such circumstances
- The parties to whom a copy of the final school inspection report must be passed
- The provision for the inspection of Religious Education in faith schools
- The provision of rights to inspect by other authorities, including local education authorities
- The circumstances under which the National Assembly for Wales may amend the inspection framework for use in Wales
Part 2 - School organisation
This part of the Act:
- amends the processes by which an organisation can propose the creation of a community, foundation or voluntary school
- amends procedures for proposing the discontinuation of rural primary schools
Part 3 - Training the school workforce
This part of the Act:
- renames the Teacher Training Agency as the Training and Development Agency for Schools (TDA).
- extends the responsibilities of the TDA to include continuing professional development for teachers and schools and raising standards of teaching, in addition to its existing role of promoting teaching as a career
- sets out the circumstances under which the TDA will work in Wales under the authority of the National Assembly for Wales
- sets out the financial framework within which the TDA will work
- sets out the funding arrangements for the Higher Education Funding Council for Wales (HEFCW)
- sets out the power of maintained schools to provide training for the school workforce
Part 4 - Miscellaneous
This part of the Act contains miscellaneous provisions which:
- require local education authorities to set targets for pupils in their care and in their schools
- remove the requirement for school governors to produce an annual report, or to hold an annual meeting with parents.
- introduce the requirement for governors to produce a School profile
- make specific admission arrangements for children in the care of the local authority.
- set out the requirement for the sharing of information in relation to Education Maintenance Allowance payments, and the provision of free school meals.
- make arrangements for the provision of alternative education for otherwise excluded pupils.
Part 5 - General
This part of the Act indicates those functions which may be exercised by the National Assembly for Wales in respect of Wales.
Section 125 - Commencement
The following orders have been made under section 125(4):
- The Education Act 2005 (Commencement No.1 and Savings and Transitional Provisions) Order 2005 (S.I. 2005/2034 (C. 87))
- The Education Act 2005 (Commencement No. 2 and Transitional Provisions and Savings) Order 2006 (S.I. 2006/2129 (C. 70))
- The Education Act 2005 (Commencement No. 1 and Transitional Provisions) (Wales) Order 2006 (S.I. 2006/1338 (W. 130) (C. 45))
- The Education Act 2005 (Commencement No. 2) (Wales) Order 2010 (S.I. 2010/735 (W. 72) (C. 49))