Legislation – Education and Skills Act 2008

Part 1
Duty to participate in education or training: England

Chapter 1 Young persons

1 Persons to whom Part 1 applies

2 Duty to participate in education or training

3 Level 3 qualification

4 Appropriate full-time education or training

5 Full-time occupation

6 Relevant training or education

7 Relevant period

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

Chapter 3 Employers

19 Contracts to which Chapter applies

20 Appropriate arrangements

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

40 Parenting contracts

41 Parenting orders

42 Parenting orders: supplemental

43 Parenting orders: appeals

44 Parenting contracts and parenting orders: further provisions

Chapter 5 Attendance notices

45 Failure to fulfil duty under section 2: initial steps

46 Attendance notice

47 Attendance notice: description of education or training

48 Attendance panel

49 Appeal arrangements

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

Chapter 6 Miscellaneous

61 Alternative ways of working

62 Crown employment

63 House of Lords staff

64 House of Commons staff

65 Financial penalties

66 Interpretation of Part

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 authorities

70 local 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

78 Supplementary

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

84 Exercise of travel functions by local authorities in England: duty to have regard to religion or belief of persons of sixth form age

85 Co-operation as regards provision of 14-19 education and training

Part 3
Assessments of effectiveness of education and training etc

86 Learning aims for persons aged 19 and over

87 Benefit and training information

88 Revenue and Customs information

89 Use of information

90 Wrongful onward disclosure of information

91 Information: supplementary

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

93A Application of Chapter to alternative provision Academies that are not independent educational institutions

94 Independent educational institution standards

95 The register

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

101 “Material change”

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

106 Independent inspectorates

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

112 Failure to pay fees

113 Publication of inspection reports

114 Action plans

115 Power of Secretary of State to take enforcement action

116 Enforcement action available to Secretary of State

117 “Relevant restriction”

118 Relevant restriction imposed by Secretary of State: supplementary

119 Unsuitable persons

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

134 Proceedings for offences

135 Offences by bodies corporate

136 Offences by unincorporated bodies

137 Service of notice etc

138 Interpretation of Chapter

139 Continuity of the law

140 The register and fees

141 Prohibition on participation in management

Chapter 2 Schools providing for special educational needs

142 Interpretation

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

Chapter 2 Miscellaneous

150 Sixth form admissions etc

151 Admission arrangements

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

163 Functions of Qualifications and Curriculum Authority in Northern Ireland in relation to vocational qualifications

164 Inspections of teacher training in England: removal of duty to notify

165 Constitution of schools forums

Chapter 3 General

166 Orders and regulations

167 Functions to be exercisable by Welsh Ministers

168 General interpretation

169 Minor and consequential amendments, repeals and revocations

170 Power to make consequential and transitional provision

171 Financial provisions

173 Commencement

174 Short title

SCHEDULES

SCHEDULE 1 Minor and consequential amendments

SCHEDULE 2 Repeals and revocations

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Education and Skills Act 2008, Section 39.

Changes to Legislation

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Part 1Duty to participate in education or training: England

Chapter 3Employers

Supplementary

39Other amendments of Employment Rights Act 1996

(1)

The Employment Rights Act 1996 is further amended as follows.

(2)

In section 63A (right to time off for young person for study or training), after subsection (5) insert—

“(5A)

References in this section to an employee do not include a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds in England) applies, or is treated by section 29 of that Act (extension for person reaching 18) as applying.”;

and, in the title, after “young person” insert “
in Wales or Scotland
”.

(3)

In section 105 (redundancy), after subsection (4A) insert—

“(4B)

This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that specified in section 101B.”

(4)

In section 108 (qualifying period of employment), after subsection (3)(dd) insert—

“(de)

section 101B applies,”.

(5)

In section 194 (House of Lords staff), in subsection (2)(c), after “47,” insert “
47AA,
”.

(6)

In section 195 (House of Commons staff), in subsection (2)(c), after “47,” insert “
47AA,
”.