Legislation – Education and Skills Act 2008
Part 1
Duty to participate in education or training: England
1 Persons to whom Part 1 applies
2 Duty to participate in education or training
4 Appropriate full-time education or training
6 Relevant training or education
8 Sufficient relevant training or education
9 Assignment of numbers of hours of guided learning to external qualifications
Chapter 2 local authorities and educational institutions
10 local authority to promote fulfilment of duty imposed by section 2
11 Educational institutions: promotion of good attendance
12 Duty to make arrangements to identify persons not fulfilling duty imposed by section 2
13 Notification of non-compliance with duty imposed by section 2
14 Educational institutions: duty to provide information
15 Supply of social security information
16 Supply of information by public bodies
17 Sharing and use of information held for purposes of support services or functions under this Part
19 Contracts to which Chapter applies
21 Appropriate arrangements to be in place before employment begins
22 Financial penalty for contravention of section 21
23 Withdrawal or variation of penalty notice given under section 22 following notice of objection
24 Appeal against penalty notice given under section 22
25 Further power to withdraw penalty notice given under section 22
26 Withdrawal or variation of penalty notice given under section 22: further provisions
27 Duty to enable participation: initial arrangements
28 Duty to enable participation: arrangements subsequently notified
29 Sections 27 and 28: extension for person reaching 18
30 Contravention of section 27 or 28: enforcement notice
31 Financial penalty for non-compliance with enforcement notice given under section 30
32 Withdrawal of enforcement notice given under section 30
33 Withdrawal or variation of penalty notice given under section 31 following notice of objection
34 Appeal against penalty notice given under section 31
35 Further power to withdraw penalty notice given under section 31
36 Withdrawal or variation of penalty notice given under section 31: further provisions
37 Right not to suffer detriment
38 Dismissal to be treated as unfair
39 Other amendments of Employment Rights Act 1996
Chapter 4 Parenting contracts and parenting orders
42 Parenting orders: supplemental
44 Parenting contracts and parenting orders: further provisions
45 Failure to fulfil duty under section 2: initial steps
47 Attendance notice: description of education or training
50 Variation and revocation of attendance notice
51 Offence of failure to comply with attendance notice
52 Restrictions on proceedings for offences under section 51
53 Failure to comply with attendance notice: penalty notice
54 Penalty notices: appeal arrangements
55 Non-participation fines: interpretation
56 Enforcement of non-participation fine etc: person reaching 18
57 Enforcement of non-participation fine etc: fine imposed on person aged 18 or over
58 Enforcement of non-participation fine: further provisions
59 Application of sums recovered by virtue of section 56 or 57
60 Review of initial operation of Chapter
61 Alternative ways of working
67 Corresponding provision for Wales
Part 2
Support for participation in education or training: young adults with learning difficulties and young people in England
68 Support services: provision by local education authorities
70 Local education authorities: supplementary powers
71 Provision of support on conditional basis: learning and support agreements
72 Educational institutions: duty to provide information
73 Educational institutions: access and facilities
74 Internet and telephone support services etc
76 Supply of social security information relating to young persons
76A Supply of information by Secretary of State or person providing services
77 Supply of information by public bodies
79 Existing functions of Secretary of State
80 Assessments relating to learning difficulties
81 Careers education: information and advice
82 Apprenticeships: functions of Learning and Skills Council for England
83 Provision of transport etc for persons of sixth form age: duty to consider journey times
85 Co-operation as regards provision of 14-19 education and training
Part 3
Adult skills
86 Learning aims for persons aged 19 and over
87 Benefit and training information
88 Revenue and Customs information
90 Wrongful onward disclosure of information
Part 4
Regulation and inspection of independent educational provision in England
Chapter 1 Independent educational institutions in England
92 Independent educational institutions
93 Application of Chapter to institutions in England only
94 Independent educational institution standards
96 Unregistered independent educational institutions: offence
97 Unregistered independent educational institutions: inspection
98 Applications for registration
99 Determination of applications for registration
100 Institutions no longer required to register: power to deregister
102 Requirement to apply for approval for material change
103 Inspection and report where applications made for approval
104 Determination of applications for approval
105 Power to deregister institution that makes unapproved material change
107 Quality assurance of independent inspectorates
108 Duty to inspect certain registered institutions at prescribed intervals
109 Duty to inspect registered institution on direction of Secretary of State
110 Inspections under this Chapter: power of entry etc
111 Fees for inspections by Chief Inspector under this Chapter
113 Publication of inspection reports
115 Power of Secretary of State to take enforcement action
116 Enforcement action available to Secretary of State
118 Relevant restriction imposed by Secretary of State: supplementary
120 Application to justice of the peace for order
121 Relevant restriction imposed by justice of the peace: supplementary
122 Order of justice of the peace: notification
123 Provision of information by proprietors
124 Appeal by proprietor against decision of Secretary of State to deregister
125 Appeal by proprietor against other decisions of Secretary of State
126 Appeal by proprietor against order of justice of the peace
127 Relevant restriction imposed by Tribunal: supplementary
128 Prohibition on participation in management
129 Directions under section 128: appeals
130 Directions under section 128: information
131 Directions under section 128: notification
132 Providers of independent education or training for 16 to 18 year olds
133 Regulations under section 132: supplementary
135 Offences by bodies corporate
136 Offences by unincorporated bodies
141 Prohibition on participation in management
Chapter 2 Schools providing for special educational needs
143 Right of sixth-form pupils to opt out of religious worship
144 Protection of pupils in an emergency
146 Abolition of requirement of approval for independent schools: England
147 Approval of independent schools: consequential amendments
148 Approval of independent schools: transitional provision
Part 5
Miscellaneous and general
Chapter 1 Powers of National Assembly for Wales
149 Powers of National Assembly for Wales
152 Sixth form admissions etc: appeals
153 School admissions: supplementary
154 Power of governing body: educational provision for improving behaviour
155 Application of s.444 of Education Act 1996 to alternative education provision
156 National Curriculum for England: duty to implement assessment arrangements
157 Governing bodies of maintained schools to invite and consider pupils’ views
158 Consultation of pupils: existing functions
159 Approved external qualifications: England
160 Approved external qualifications: Wales
161 Functions of Qualifications and Curriculum Authority in England and Northern Ireland
162 Functions of Welsh Ministers etc
164 Inspections of teacher training in England: removal of duty to notify
165 Constitution of schools forums
167 Functions to be exercisable by Welsh Ministers
169 Minor and consequential amendments, repeals and revocations
170 Power to make consequential and transitional provision
SCHEDULES
Changes to legislation:
There are currently no known outstanding effects for the Education and Skills Act 2008, Paragraph 89.![]()
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
SCHEDULE 1Minor and consequential amendments
Part 2Miscellaneous
Safeguarding Vulnerable Groups Act 2006 (c. 47)
89
In section 21 of the Safeguarding Vulnerable Groups Act 2006 (controlled activity relating to children), in subsection (6)(b), for  “section 117(1) of the Learning and Skills Act 2000 (c. 21)” substitute “
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                  section 72 of the Education and Skills Act 2008 relating to children
                ”