Published on Eurydice (https://eacea.ec.europa.eu/national-policies/eurydice)

The following list sets out the main educational and related legislation referred to in the text.

It includes both primary legislation (Public General Acts of the United Kingdom Parliament, 1801 to date) and selected secondary legislation (statutory instruments made under powers of existing Acts of Parliament).

Links are included to the full text and explanatory notes (where available) on the UK Legislation website [1], which is provided by The National Archives.

Academies Act 2010 [2] (Act of Parliament)

Enabled all maintained schools to apply to become an academy and enabled primary and special schools to apply to become an academy in their own right for the first time. Aimed to simplify the process and removed the requirement to consult the local authority. Permitted the Secretary of State to make an order for a school to become an academy if subject to a warning notice or judged to require significant improvement or special measures. Explanatory notes [3]

Apprenticeships, Skills, Children and Learning Act 2009 [4] (Act of Parliament)

In line with proposals made in the March White Paper Raising Expectations: Enabling the system to deliver [5], put in place underpinning legislation required to deliver the raising of the participation age by the Education and Skills Act 2008. Made provision about apprenticeships, including the issue of apprenticeship certificates, and the issue of apprenticeship frameworks. Transferred responsibility for funding 16 to 19 education and training from the, then, Learning and Skills Council to local authorities. Created the office of Chief Executive of Skills Funding to lead a new demand-led system for adults. Established Ofqual as the new independent regulator of qualifications and assessments. Explanatory notes [6]

Care Standards Act 2000 [7](Act of Parliament)

Reformed the regulatory system for care services. Also reformed arrangements for the regulation of child minding and day care provision, transferring responsibility for the regulatory function to Ofsted. Explanatory notes [8]

Charges for Music Tuition (England) Regulations 2007 [9] (Statutory Instrument)

Set out in regulations the circumstances in which charges can be made for instrumental and vocal tuition, addressing some anomalies in charges.

Childcare Act 2006 [10] (Act of Parliament) Placed a duty on local authorities to secure free early years provision for all eligible children in their area. Provided for the establishment of the Early Years Foundation Stage (EYFS) as a single quality framework for care, learning and development for children in all early years settings from birth to the August after their fifth birthday. Explanatory notes [11]

Childcare Act 2016 [12] (Act of Parliament)

Made provisions to increase the entitlement to free early years education and childcare support for working parents. It also introduced a duty on local authorities to publish information about childcare and other services available for parents locally. Explanatory notes [13]

Childcare (Provision of information about Young Children) (England) Regulations 2009 [14] (Statutory instrument)

Set out the information on individual children that early years providers can be required to provide to the Secretary of State and their local authority. Also prescribed which persons can collect and exchange information about children in early years provision.

Children Act 1989 [15] (Act of Parliament)

Set out what local authorities and the courts should do to protect the welfare of children and placed a duty on local authorities to provide services for children in need, their families and others.

Children Act 2004 [16] (Act of Parliament)

Based on proposals for children’s services in the September 2003 Green Paper, Every Child Matters [17]. Created a statutory framework for local co-operation in order to improve the well-being of children in the area and placed a duty on specified agencies with regard to safeguarding and promoting the welfare of children. Explanatory notes [18]

Children and Families Act 2014 [19] (Act of Parliament)

Introduced a range of reforms focussed on improving services to key groups of vulnerable children (children in the adoption and care systems, those affected by decisions of the family courts and those with special educational needs and disabilities). For the latter it took forward the commitment set out in Support and Aspiration: A new approach to special educational needs and disability [20] introducing an overarching assessment framework from birth to 0-25 years and the integrated Education, Health and Care (EHC) Plan. Also introduced universal free school meals for children aged 4 to 7 in primary schools. Explanatory notes [21]

Children and Social Work Act 2017 [22] (Act of Parliament)

The Act aimed to improve decision-making and support for looked after children [23] improve practice in child protection; and enable the establishment of a new regulatory regime specifically for the social work profession. It also aimed to promote the safeguarding of children by providing for relationships and sex education in schools. Explanatory notes [24]

Cities and Local Government Devolution Act 2016 [25] (Act of Parliament)

The Act took forward a number of reforms intended to allow for the implementation of devolution agreements with combined authority areas and with other areas. Explanatory notes [26]

Coasting Schools (England) Regulations 2017 [27] (Statutory Instrument)

The Education and Adoption Act 2016 [28] allows the Secretary of State to identify coasting schools for the first time. These are schools where, over time, pupils are not fulfilling their potential. The instrument defines what coasting means in relation to the performance of schools.

Counter-Terrorism and Security Act 2015 [29] (Act of Parliament)

The Act brought provisions in eight main areas, of which one (Part 5, Chapter 1) placed varying responsibilities on schools, further education institutions and higher education institutions to promote British values and prevent young people from being drawn into terrorism. Explanatory notes [30]

Data Protection Act 2018 [31] (Act of Parliament)

Modernised data protection laws, setting new standards for protecting personal data, giving individuals more control over use of their data and supporting organisations with their lawful processing of personal data. Explanatory notes [32]

Deregulation Act 2015 [33] (Act of Parliament)

The Act made provisions in several areas for the reduction of burdens resulting from legislation. Regarding education and training, section 64 abolished the office of the Chief Executive of Skills Funding, transferring the responsibilities of the position to the Secretary of State. The Act also made amendments to the powers of the Secretary of State in relation to further education corporations, sixth form college corporations, designated institutions and local authority maintained institutions. Explanatory notes [34]

Disability Discrimination Act 1995 [35] (Act of Parliament)

Aimed to protect disabled people from discrimination – both in employment and when using a service or facility. Now consolidated into the Equality Act 2010.

Disability Discrimination Act 2005 [36](Act of Parliament)

Amended and substantially extended the Disability Discrimination Act 1995. Placed a duty on all public bodies, e.g. schools and higher education institutions, to promote disability equality. Now consolidated into the Equality Act 2010. Explanatory notes [37]

Education (Admission of Looked After Children (England) Regulations 2006 [38] (Statutory Instrument)

Required admissions authorities for maintained schools to give priority in their admission arrangements to looked after children. Explanatory notes [39]

Education (Health Standards) (England) Regulations 2003 [40] (Statutory Instrument). Set out standards for health and physical and mental capacity which all teachers are required to meet. Explanatory notes [41]

Education (Independent School Standards) Regulations 2014 [42] These Regulations set out the Independent School Standards to which independent schools will be inspected, including standards on the suitability of proprietors and staff.

Education (Induction Arrangements for School Teachers) (England) Regulations 2012 [43] (Statutory Instrument)

Introduced greater flexibility into the arrangements and requirements for newly qualified teachers undertaking an induction period. Explanatory notes [44]

Education (National Curriculum) (Key Stage 4 Assessment Arrangements) (England) Order 2016 [45] (Statutory Instrument)

Specifies the assessment arrangements for pupils in Key Stage 4 [46]. In particular, it provides for the introduction of new national reference tests [47] from the 2016-17 school year in a sample of schools and makes it mandatory for the selected schools to take part.

Education (No 2) Act 1986 [48] (Act of Parliament)

Revised the composition of school governing bodies, increased their powers and sought to reduce the role of local education authorities.

Education (Pupil Information) (England) Regulations 2005 [49] (Statutory Instrument)

Placed the requirement on schools to keep a curricular record for each pupil; disclose a pupil’s educational record to his parent upon request; transfer a pupil’s common transfer file and educational record to the new school when the pupil changes school; and requires schools to provide an annual report of the pupil’s educational achievements at school to his parent or, if he is 18 or over, the pupil himself, and a school leavers’ report to the pupil himself. Explanatory notes [50]

Education (School Day and School Year) (England) Regulations 1999 [51] (Statutory Instrument)

Made provision about the length of the school day and the school year, revoking and replacing previous regulations. Explanatory notes [52]

Education (Schools) Act 1992 [53] (Act of Parliament)

Created a body, which became known as Ofsted, with powers to manage the independent inspection of all schools on a regular and more frequent basis. Also provided for the publication of information about schools.

Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 [54] (Statutory Instrument)

Widened the definition of Qualified Teacher Status, so that further education teachers with Qualified Teacher Learning and Skills status could teach in schools.

Education (School Teachers’ Appraisal) (England) Regulations 2012 [55] (Statutory Instrument)

The regulations revoked the Education (School Teacher Performance Management) (England) Regulations 2006 [56] and prescribed revised, shortened and simplified arrangements for the appraisal of teachers. Education (School Teachers' Qualifications) (England) Regulations 2003 [57] (Statutory Instrument)

Set out the requirements for achieving Qualified Teacher Status (QTS), superseding the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999. Explanatory notes [58]

Education (Special Educational Needs Co-ordinators) (England) (Amendment) Regulations 2009 [59] (Statutory Instrument)

Introduced the requirement for all newly appointed Special Educational Needs Co-ordinators (SENCOs) to undertake additional, specific training. Explanatory notes [60]

Education (Special Educational Needs Co-ordinators) (England) Regulations 2008 [61] (Statutory Instrument)

Introduced the requirement for Special Educational Needs Coordinators (SENCOs) to be qualified teachers. Explanatory notes [62]

Education (Specified Work) (England) Regulations 2012 [63]

The Regulations provide that only certain persons may lawfully carry out ‘specified work’, including planning, preparing and delivering lessons and assessing and reporting on pupils’ progress. These persons include qualified teachers, overseas qualified teachers, individuals working towards gaining qualified teacher status, instructors with special qualifications and expertise, and unqualified teachers who were already employed in nursery classes or nursery schools at the time the Regulations came into force. Explanatory notes [64]

Education Act 1944 [65] (Act of Parliament)

Established a legal framework embracing different categories of publicly-funded schools in which schools established by voluntary providers became fully integrated into the public education system. The Act also enshrined in legislation the separation of primary from secondary education and the principles for a balanced and broadly-based curriculum. Repealed and its remaining extant provisions re-enacted by the Education Act 1996.

Education Act 1980 [66] (Act of Parliament)

Stipulated that every school should have its own governing body with parent and teacher representation. Also required local authorities to make arrangements for parents to express a preference for a school.

Education Act 1981 [67] (Act of Parliament)

Implemented many of the recommendations of the 1978 Warnock Report [68](CM-7212) for special educational needs. Now repealed and its provisions consolidated into the Education Act 1996.

Education Act 1996 [69](Act of Parliament)

Consolidation Act that repealed and re-enacted schools legislation from the Education Act 1944 onwards.

Education Act 1997 [70] (Act of Parliament)

The Act made provision in eight areas including school discipline and school admissions and established the Qualifications and Curriculum Authority (since abolished). The Act also placed a requirement on all further education and sixth form colleges to provide their students with guidance materials and a wide range of up-to-date reference materials relating to careers education and career opportunities. The Act also placed further requirements on schools and local authorities concerning pupils with behavioral difficulties, the provision of information relating to pupil performance and the inspection process.

Education Act 2002 [71] (Act of Parliament)

Legislated for the proposals set out in the September 2001 White Paper Schools Achieving Success [72]. Introduced provision for a type of school to be known as academies; general requirements for the curriculum for maintained schools and incorporating the foundation stage; a modernised framework for teachers’ pay and conditions, appraisal, qualifications and provision about misconduct; revised inspection and registration regimes for childcare, day care and nursery education; new arrangements for school governance; and a new regulatory regime for independent (privately-funded) schools. Explanatory notes [73]

Education Act 2005 [74] (Act of Parliament)

Provided the legislative framework to support the policy developments set out in A New Relationship with Schools [75] (DfES and Ofsted, 2004) and the Five Year Strategy for Children and Learners [76] (DfES, 2004). Aimed to raise standards for all children by promoting greater autonomy and diversity in the education system. Reforms included three-year budgets for all schools based around the academic year and changes to the school inspection system. Explanatory notes [77]

Education Act 2011 [78] (Act of Parliament)

Founded on the principles and proposals in the 2010 White Paper, The Importance of Teaching [79]. Introduced a wide range of measures including increased authority of teachers to discipline pupils, changes to the school inspection regime and the extension of the Academies programme. Explanatory notes [80]

Education and Adoption Act 2016 [28] (Act of Parliament) This Act makes provision about schools in England that are causing concern, including provision about their conversion into academies and about intervention powers; and makes provision about joint arrangements for carrying out local authority adoption functions in England. Explanatory notes [81]

Education and Inspections Act 2006 [82] (Act of Parliament)

Provided the legislative basis to implement the reform proposals set out in the 2005 White Paper Higher Standards, Better Schools for All [83]. Introduced measures relating to discipline in schools and created a single inspectorate for children and learners. Explanatory notes [84]

Education and Skills Act 2008 [85] (Act of Parliament)

Introduced a requirement for all young people to participate in education or training until their 18th birthday. Also amended legislation relating to adult education and training and support for young people, and changed the regulatory framework for the inspection of independent schools. Explanatory notes [86]

Education Reform Act 1988 [87] (Act of Parliament)

Introduced major reforms to school education including the local management of schools, the National Curriculum, the structure of key stages, the city technology colleges programme. In respect of higher education, made it an offence for an institution not authorised to do so to purport to award a UK degree. The provisions affecting schools have been repealed and largely consolidated into later legislation.

Enterprise Act 2016 [88] (Act of Parliament)

The Act provided the legislative basis for a range of government commitments intended to support the growth of enterprise in the UK. It protected the term apprenticeship in law, gave powers to set targets for apprentice numbers in the public sector, and established the Institute for Apprenticeships. Explanatory notes [89]

Equality Act 2006 [90] (Act of Parliament)

Established the Equality and Human Rights Commission, outlined its duties, and made several provisions with regards to discrimination on the grounds of religion, belief, sexual orientation, sex, disability and race.

Equality Act 2010 [91](Act of Parliament)

Provided a single legal framework to protect the rights of individuals and advance equality of opportunity for all. Defined the following 'protected characteristics' i.e. the categories to which the law applies: age, sex, race, disability, religion or belief, sexual orientation, gender reassignment, pregnancy or maternity. Consolidated all previous equality legislation such as the Race Relations Act, Disability Discrimination Act and Sex Discrimination Act and created the Public Sector Equality Duty replacing the former separate duties on race, disability and gender. Explanatory notes [92]

Freedom of Information Act 2000 [93] (Act of Parliament)

Gave individuals the right to access recorded information held by public sector organisations. Explanatory notes [94]

Further Education (Principals’ Qualifications) (England) (Revocation) Regulations 2010 [95] (Statutory Instrument)

Revoked the requirement for principals of further education institutions to have completed or be following the Principals’ Qualifying Programme.

Further and Higher Education Act 1992 [96] (Act of Parliament)

Took further education institutions out of local authority control and is the principal piece of legislation governing further education. Created a single higher education sector for all publicly-funded higher education institutions.

Further Education and Training Act 2007 [97] (Act of Parliament)

The Act included four parts which relate to industrial training levies, investment in charitable organisations and the Learning and Skills Council for England. The Act also made slight amendments to the Further and Higher Education Act 1992 [96]; this Act which had required principals of further education institutions (appointed after 1992) to have achieved or be working towards the Principals’ Qualifying Programme. This requirement was later revoked by the Further Education (Principals’ Qualifications) (England) (Revocation) Regulations 2010 [95].

Further Education Teachers' Qualifications (England) Regulations 2001 [98] (Statutory Instrument)

Introduced a requirement for teachers and trainers working in further education colleges to hold a teaching qualification. Explanatory notes [99]

Further Education Teachers’ Qualifications (England) Regulations 2007 [100] (Statutory Instrument)

Required all new teachers appointed from 1st September 2007 to hold or acquire within a specified period of time, appropriate teaching qualifications and to complete a period of professional formation. Explanatory notes [101]

Higher Education Act 2004 [102] (Act of Parliament)

Allowed higher education institutions to charge variable tuition fees. Explanatory notes [103]

Higher Education and Research Act 2017 [104] (Act of Parliament)

Took forward reforms set out in the 2015 Green Paper, Fulfilling our Potential: Teaching Excellence, Social Mobility and Student Choice [105] and the 2016 White Paper, Success as a Knowledge Economy: Teaching Excellence, Social Mobility and Student Choice [106]. The Act aimed to make it easier for new higher education (HE) providers to start up and receive degree awarding powers [107]; created a single new HE regulator – the Office for Students (OfS); made managing and developing the Teaching Excellence Framework (TEF) [108] the responsibility of the OfS; and created a single research and innovation funding body for HE, United Kingdom Research and Innovation (UKRI). Explanatory notes [109]

Human Rights Act 1998 [110] (Act of Parliament)

Incorporated into UK law nearly all the rights contained in the European Convention on Human Rights, and gave citizens a clear legal statement of their basic rights and fundamental freedoms.

Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014 [111](Statutory Instrument)

Prescribed the grounds on which the Secretary of State may give a direction prohibiting a person from taking part in the management of an independent (private) school, including academies (and free schools). Also made provision for appeals against such a direction. Explanatory Memorandum [112]

Learning and Skills Act 2000 [113] (Act of Parliament)

Implemented the proposals on post-16 learning contained in the 1999 White Paper, Learning to Succeed [114]. Created an Adult Learning Inspectorate (ALI)* responsible for the inspection of provision for those aged 19 and over, of work-based learning for those aged 16 and over, and of adult and community learning. Gave Ofsted responsibility for inspecting further education provision for 16- to 19- year-olds. Explanatory notes [115]

*Note about ALI: The ALI ceased to exist In April 2007 and its inspection remit transferred to Ofsted.

Nursery Education and Grant Maintained Schools Act 1996 [116] (Act of Parliament) Made provision for making grants for nursery education provided by the private and voluntary sector.

Protection of Freedoms Act 2012 [117] (Act of Parliament)

Provided for the establishment of a new organisation to vet individuals wanting to work with children, the Disclosure and Barring Service (DBS), combining the criminal record checks and barring functions of the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA). Explanatory notes [118]

Requirements for School Food Regulations 2014 [119] (Statutory Instrument)

Set nutritional standards that food and drink provided to children at maintained schools are required to meet. Replaced 2007 regulations with the intention of creating clearer, simpler standards for school food.

School Admissions (Infant Class Sizes) England Regulations 2012 [120] (Statutory Instrument)

Imposed a limit of a maximum of 30 pupils in an infant class in a maintained schools at any time while an ordinary teaching session is conducted by a single school teacher. Outlined categories of excepted pupil.

School and Early Years Finance (England) Regulations 2013 [121](Statutory Instrument)

Put in place new arrangements for local authority school budget setting for the financial year 2014/15, including the allocation of a much greater proportion of a school’s funding based on pupil-led factors.

School and Early Years Finance (England) Regulations 2017 [122] [123](Statutory Instrument).

Set out how local authorities (LAs) allocate funding from the individual schools budget (ISB) to maintained schools and private, voluntary and independent providers of free early years provision through a locally determined formula. Introduced changes to the expenditure which can be retained centrally by LAs. Explanatory Memorandum [116]

School Governance (Constitution) (England) Regulations 2012 [124] (Statutory Instrument)

Made provision for the constitution of governing bodies of maintained schools and federated governing bodies in England. It applies to governing bodies established or reconstituted on or after 1 September 2012. All governing bodies must reconstitute under these regulations by September 2015.

School Information (England) Regulations 2008 [125] (Statutory Instrument)

Made provision for the information to be published each year by schools and local authorities about matters including school admissions. Explanatory notes [126]

School Inspections Act 1996 [127](Act of Parliament)

Set out requirements relating to the appointment and role of Her Majesty’s Chief Inspector of Schools, the registration of school inspectors and procedures for school inspections. Repealed by the Education Act 2005.

School Staffing (England) Regulations 2009 [128] (Statutory Instrument)

Made provision relating to the staffing of maintained schools, covering matters including appointment, suspension, dismissal, conduct, discipline and capability of staff. Some new provisions and consolidated a number of existing regulations. Explanatory notes [129]

School Staffing (England) (Amendment) Regulations 2012 [130] (Statutory Instrument)

Inserted a new regulation into the School Staffing (England) Regulations 2009 (see above) which requires the governing body of a maintained school to confirm whether or not a member of the teaching staff at that school has, within the last two years, been the subject of capability procedures if asked to do so by the governing body of a maintained school, or the proprietor of an academy, to which that person has applied for a teaching post. Explanatory notes [131]

School Standards and Framework Act 1998 [132] (Act of Parliament)

Included a wide range of provisions relating principally to school education, including the responsibilities of local authorities and their powers to intervene in schools causing concern; a new framework for maintained schools; school admissions and governance. It also set out local authorities’ duties in relation to the provision of childcare and nursery education.

School Teachers’ Pay and Conditions Act 1991 [133] (Act of Parliament)

Made a range of provisions relating to school teachers’ pay and conditions, including the establishment of the School Teachers’ Review Body (STRB) to consider the statutory conditions of employment of school teachers. Repealed by the Education Act 2002, which replaced it with a modernised framework but retaining the main outline of the arrangements.

Special Educational Needs and Disability Act (SENDA) 2001 [134] (Act of Parliament)

Amended the Education Act 1996 and the Disability Discrimination Act (DDA) 1995 by imposing duties on local authorities and schools to plan strategically, and to make progress in increasing accessibility to schools’ premises and to the curriculum for disabled pupils. The provisions introduced into the DDA have been repealed and replaced by the provisions of the Equality Act 2010. Explanatory notes [135]

Teachers’ Pensions Regulations 2010 [136] (Statutory Instrument)

Consolidated the Teachers' Pensions Regulations 1997 and subsequent amendments which governed the Teachers' Pensions Scheme. Explanatory notes [137]

Teaching and Higher Education Act 1998 [138] (Act of Parliament)

Made provisions relating to teacher training and introduced annual tuition fees for higher education students. Also made provision for the establishment of the General Teaching Council for England (GTCE)*.

*Note about GTCE: The functions of the GTCE since transferred to the Teaching Agency which merged with the National College for School Leadership on 1 April 2013.

Technical and Further Education Act 2017 [139] (Act of Parliament)

Technical education (TE) measures in the Act took forward the reforms to post-16 TE set out in the 2016 Skills Plan [140], including extending the Institute for Apprenticeships’ remit to cover further education college [141]-based TE. Further education (FE) measures included the introduction of an insolvency regime to support colleges’ financial resilience. The Act also included a provision requiring Ofsted (the inspectorate) to comment on careers guidance provided to certain students at FE institutions. Explanatory notes [142]

Article last reviewed September 2019.

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