Education Act 2005

The Education Act 2005^[1]
Dates
Parliament of the United Kingdom
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and Northern Ireland, and that any amendment or repeal made by the Act has the same extent as the enactment amended or repealed.^[2]
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Text of statute as originally enacted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 This Act repealed the provisions of the School Inspections Act 1996.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))

References

Halsbury's Statutes,

↑ The citation of this Act by this short title is authorised by section 128(1) of this Act.
↑ The Education Act 2005, section 127

External links

Text of the Education Act 2005 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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