Legalize / United Kingdom / Public General Act

Education and Skills Act 2008

Type Public General Act

Publication 2008-11-26

Last updated 2024-05-07

State In force

Department Statute Law Database

Source legislation.gov.uk

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(2) Regulations may provide for Chapter 1 to have effect subject to modifications in relation to persons working in that way.

(3) The following provisions apply in relation to employment as a relevant member of the House of Commons staff as they apply in relation to other employment—

(a) sections 19 to 21;

(b) sections 27 to 29.

(4) For the purposes of the application of Chapter 3 in relation to a relevant member of the House of Commons staff—

(a) references to a contract of employment are to be construed as including references to the terms of employment of a relevant member of the House of Commons staff, and

(b) references to an employee are to be construed as references to a relevant member of the House of Commons staff.

(5) In this section, “relevant member of the House of Commons staff” has the same meaning as in section 195 of the Employment Rights Act 1996 (c. 18).

(6) Subsections (6), (7) and (12) of that section (person to be treated as employer of relevant member of House of Commons staff) apply (with any necessary modifications) for the purposes of the provisions mentioned in subsection (3) as applied by virtue of this section.

Financial penalties

65

(1) A penalty payable by virtue of a penalty notice under—

(a) section 22,

(b) section 31, or

is payable to the local authority which issued the notice.

(2) Any sums received by a local authority under any of those sections may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

(3) A penalty under section 22 or 31 (and any interest or financial penalty for late payment) is recoverable, if the county court so orders, as if it were payable under an order of that court.

(4) Where a person is required by a penalty notice given under section 22 or 31 to pay a financial penalty, and

(a) has given a notice of objection to the local authority under section 23 or 33, or

(b) has appealed against the giving of the penalty notice under section 24 or 34,

the penalty is not enforceable until the authority has given a determination notice under section 23 or 33 in relation to the penalty notice, or, as the case may be, the appeal has been determined.

Interpretation of Part

66

(1) In this Part—

“apprenticeship agreement” means an apprenticeship agreement within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009 or an approved English apprenticeship agreement within the meaning given in section A1(3) of that Act;

“appropriate full-time education or training” has the meaning given by section 4;

“contract of employment” means a contract of service, whether express or implied and (if it is express) whether oral or in writing, but does not include a contract of apprenticeship or an apprenticeship agreement;

“level 3 qualification” has the meaning given by section 3;

“proprietor”, in relation to a school or other institution, means the person or body of persons responsible for its management;

“relevant period”, in relation to a person to whom this Part applies, has the meaning given by section 7;

“relevant training or education” has the meaning given by section 6;

“sufficient”, in relation to relevant training or education, is to be construed in accordance with section 8(1).

(2) Regulations may provide for a person to be, or not to be, regarded as resident in England for the purposes of any provision of this Part.

(3) Any reference in this Part to a person's being in full-time occupation is to be construed in accordance with section 5.

(4) For the purposes of this Part, a person is failing to fulfil the duty imposed by section 2 if the person—

(a) is not participating in education or training in accordance with subsection (1)(a) or (b) of that section, and

(b) is not in full-time occupation or is not participating in sufficient relevant training.

(5) A reasonable excuse for a failure to be in full-time occupation is not a reasonable excuse for a failure to fulfil the duty imposed by section 2 (unless it is also a reasonable excuse for any failure to participate as mentioned in subsection (4)).

Corresponding provision for Wales

67

(1) This section applies if a Measure of the National Assembly for Wales includes provision that appears to the Secretary of State to correspond to provision made by section 2.

(2) The Secretary of State may by order make provision in relation to Wales that corresponds to any provision made by sections 19 to 36.

(3) Without prejudice to section 166(6), the power conferred by this section includes power to make provision in relation to Wales that corresponds to any of the following—

(a) the provisions of the Employment Rights Act 1996 (c. 18) inserted by sections 37 to 39;

(b) section 61;

(d) section 65 so far as relating to financial penalties under sections 22 and 31.

(4) Power conferred by this section to make provision in relation to Wales that corresponds to any other provision includes power—

(a) to apply that other provision in relation to Wales, with or without modification;

(b) to amend that other provision so that it applies in relation to Wales, with or without modification.

Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England

Provision of support services

Support services: provision by local education authorities

68

(1) A local authority in England must make available to young persons and relevant young adults for whom it is responsible such services as it considers appropriate to encourage, enable or assist the effective participation of those persons in education or training.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of this section ... , a local authority makes services available if it—

(a) provides them, or

(b) makes arrangements with another local authority or another person for their provision.

(4) In carrying out its functions under this section, a local authority must—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) have regard to any guidance issued by the Secretary of State.

(5) Nothing in this section requires a local authority to make services available to a young person or relevant young adult for whom it is responsible if—

(a) another local authority in England is also responsible for the person, and

(b) services are being provided to the person by, or under arrangements made by, the other authority in exercise of its functions under subsection (1).

Directions

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local education authorities: supplementary powers

70

(1) A local authority in England—

(a) may provide, secure the provision of or participate in the provision of services under arrangements entered into by it with another local authority in pursuance of any function of that other local authority under section 68, and

(b) may provide, secure the provision of or participate in the provision of services for encouraging, enabling or assisting the effective participation in education or training of—

(i) young persons, or

(ii) relevant young adults,

(including such persons from other areas) otherwise than in accordance with section 68 or paragraph (a).

(2) Nothing in or done under section 68 ... or this section is to be taken to prejudice any powers which a local authority has with respect to the exercise of its functions otherwise than under those sections.

Provision of support on conditional basis: learning and support agreements

71

(1) Services provided for young persons in pursuance of section 68 or 70(1)(b) may include the provision of support on a conditional basis.

(2) For the purposes of this section—

(a) “support” provided for a person means any form of support and includes, in particular—

(i) support in the form of medical or social care, including care provided otherwise than to that person,

(ii) support in the form of incentives, including allowances and payments, and

(iii) other financial assistance;

(b) support is provided for a young person on a conditional basis if it is provided under arrangements (a “learning and support agreement”) under which its provision is subject to the young person's agreement to fulfil conditions (“learning and support conditions”).

(3) Subsections (4) to (6) apply where support is provided for a young person on a conditional basis by virtue of subsection (1).

(4) The learning and support agreement must include provision (whether or not in the form of a learning and support condition) relating to the young person's participation in education or training.

(5) The person providing the support (the “service provider”) must consider that providing it on a conditional basis would be desirable in the interests of encouraging, enabling or assisting the young person—

(a) to fulfil the duty imposed by section 2, in a case where the young person is a person to whom Part 1 applies, or

(b) in any case, to participate effectively in education or training.

(6) The learning and support conditions must be conditions—

(a) determined in consultation between the service provider and the young person, having regard to an assessment of the young person's needs conducted by the service provider and the young person for the purposes of this section, and

(b) to which in the course of that consultation the young person has agreed;

and the service provider must make arrangements for the learning and support conditions to be reviewed periodically.

(7) Learning and support agreements made by virtue of subsection (1) do not create any obligations in respect of whose breach any liability arises in contract or in tort.

(8) Subsection (1) is subject to section 68(4).

Educational institutions: duty to provide information

72

(1) Relevant information about a pupil or student who is attending an educational institution in England must be provided by the responsible person to a person involved in the provision of services in pursuance of section 68 or 70(1)(b), on a request by that person.

(2) A request under subsection (1) by a person involved in the provision of services in pursuance of 68 or 70(1)(b) may be made only for the purposes of the provision of those services.

(3) In subsection (1), “relevant information” means—

(a) the name, address and date of birth of the pupil or student;

(b) the name and address of a parent of the pupil or student;

(4) Information within subsection (3)(c) must not be provided under subsection (1) if—

(a) the pupil or student concerned, in the case of a pupil or student who has attained the age of 16, or

(b) a parent of the pupil or student concerned, in the case of a pupil or student who has not attained the age of 16,

has instructed the responsible person not to provide information of that kind under this section.

(5) In this section—

“educational institution” means—a community, foundation or voluntary school,a community or foundation special school,a city technology college, a city college for the technology of the arts or an Academy,a pupil referral unit,an institution within the further education sector, oran institution (other than one within any of paragraphs (a) to (e)) in receipt of funding from a local authority, or the Secretary of State;

“responsible person” means—in relation to a school within paragraph (a) or (b) of the definition of “educational institution”, the governing body;in relation to an institution within paragraph (c) or (f) of that definition, the proprietor;in relation to a pupil referral unit, the local authority by which it is maintained;in relation to an institution within the further education sector, the governing body within the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13).

Educational institutions: access and facilities

73

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Internet and telephone support services etc

74

(1) The Secretary of State may provide or secure the provision of services for encouraging, enabling or assisting the effective participation of young persons and relevant young adults in England in education or training.

(2) The services which may be provided under subsection (1) are services provided by means of—

(a) the publication whether electronically or otherwise of information, advice and guidance;

(b) the provision, in response to requests by young persons and relevant young adults, of information, advice or guidance to those persons by telephone or other electronic means.

(3) In securing the provision of those services the Secretary of State may, in particular, make arrangements with other persons for the provision of services.

(4) Arrangements under subsection (3) may include provision—

(a) for grants, loans and other kinds of financial assistance to be provided by the Secretary of State (whether or not on conditions);

(b) requiring persons with whom arrangements are made to have regard to guidance issued by the Secretary of State.

(5) For the purposes of this section, a young person or relevant young adult is in England if he or she is a person for whom a local authority in England is responsible.

Inspection

75

(1) Her Majesty's Chief Inspector of Education, Children's Services and Skills—

(a) must, when requested to do so by the Secretary of State, inspect and report on the provision of services in pursuance of section 68 or 74, and

(b) may undertake such other inspections of the provision of those services as Her Majesty's Chief Inspector thinks fit.

(2) A request under subsection (1)(a)—

(a) may be in general terms or in relation to specific matters,

(b) may relate to a specific person providing services, or to a specific class of person, and

(3) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.

(4) Subsections (5) to (7) apply to an inspection under subsection (1) of services provided by a person in pursuance of section 68 or 74.

(5) A person carrying out or participating in the inspection has the same powers as Her Majesty's Chief Inspector has under the following provisions of the Education Act 2005 (c. 18)—

(a) section 10(1)(a) and (d) (right of access), and

(b) section 58 (computer records).

(6) Section 11 of the Education Act 2005 (publication of inspection reports) applies.

(7) A person who wilfully obstructs a person in carrying out or participating in the inspection—

(a) is guilty of an offence, and

(b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

76

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this section “social security information” means personal information about a young person which is held for the purposes of functions relating to social security—

(a) by the Secretary of State, or

(b) by a person providing services to the Secretary of State in connection with the provision of those services.

(3) For the purposes of subsection (2), “ personal information ” in relation to a young person, means the person's name, address and date of birth.

(3A) The Secretary of State may make arrangements with a person for the supply of social security information for the purposes of the provision of services for young persons in pursuance of section 68 or 70(1)(b).

(3B) Social security information may be supplied to—

(a) the Secretary of State, or

(b) a person providing services to the Secretary of State under subsection (3A).

(3C) A person to whom social security information is supplied under subsection (3B) may supply the information to a local authority or other person involved in the provision of services for young persons or relevant young adults in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services.

(3D) Information supplied to a person in reliance on subsection (3C) or this subsection may be supplied in accordance with, or with arrangements made under, section 17(1).

(3E) Information supplied to a person in reliance on subsection (3B), (3C) or (3D) may be disclosed—

(a) for the purpose of the provision of services in pursuance of section 68 or 70(1)(b),

(b) for the purpose of enabling or assisting the exercise of any function of a local authority under Part 1,

(d) in accordance with an order of a court or tribunal,

(e) for the purpose of actual or contemplated proceedings before a court or tribunal,

(f) with consent given by or on behalf of the person to whom the information relates, or

(g) in such a way as to prevent the identification of the person to whom it relates.

(4) It is an offence for a person to disclose restricted information otherwise than in accordance with this section.

(4A) For the purposes of subsection (4), “ restricted information ”, in relation to a person, means information that was disclosed to the person—

(a) in reliance on subsection (3B), (3C) or (3D), or

(b) in circumstances that constitute an offence under this section.

(5) It is a defence for a person charged with an offence under this section relating to a disclosure to prove that the person reasonably believed that the disclosure was lawful.

(6) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court , to a fine not exceeding the statutory maximum, or to both.

(7) In subsection (6)(b) the reference to the general limit in a magistrates’ court is to be read in relation to an offence committed before 2 May 2022 as a reference to 6 months.

Supply of information by public bodies

77

(1) Any of the persons or bodies mentioned in subsection (2) may supply information about a young person or relevant young adult to any person or body involved in the provision of services in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services.

(2) Those persons and bodies are—

(a) a local authority,

(aa) a non-metropolitan district council for an area for which there is a county council,

(b) the Secretary of State,

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(da) an integrated care board,

(e) a chief officer of police,

(f) a provider of probation services,

(g) a local probation board, and

(h) a youth offending team.

(3) In this section—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

Supplementary

78

(1) In sections 68 to 77 and this section—

“local authority” has the meaning given by section 579(1) of the Education Act 1996;

“parent”, in relation to a child, has the meaning given by section 576 of that Act (c. 56);

“proprietor”, in relation to a school or other institution, means the person or body of persons responsible for its management;

“relevant young adult” means a person who—has attained the age of 20 but not the age of 25, andhas special educational needs (within the meaning given by section 579(1) of the Education Act 1996);. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“young person” means a person who has attained the age of 13 but not the age of 20.

(2) For the purposes of sections 68 to 77, a local authority is responsible for any young person or relevant young adult who is—

(a) receiving education or training in its area,

(b) normally resident in its area, or

(3) For the purposes of subsection (2)(a), “training” includes vocational, social, physical and recreational training.

Existing functions of Secretary of State

79

Sections 114 to 121 of the Learning and Skills Act 2000 (provision of support services for 13 to 19 year olds) cease to have effect.

Assessments relating to learning difficulties

80

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Careers education

Careers education: information and advice

81

(1) Part 7 of the Education Act 1997 (c. 44) (careers education and guidance) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) After section 45 insert—

(45A) (1) The persons responsible for discharging a relevant duty in relation to a school in England falling within section 43(2)(a), (c) or (e) must, in discharging the duty, have regard to any guidance given from time to time by the Secretary of State. (2) A “relevant duty” means a duty under any of sections 43(3), 44(9) and 45(3).

Apprenticeships

Apprenticeships: functions of Learning and Skills Council for England

82

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School transport etc

Provision of transport etc for persons of sixth form age: duty to consider journey times

83

In section 509AB of the Education Act 1996 (c. 56) (further provision about transport policy statements), in subsection (3)(c)—

(a) for “distance from” substitute “ distances, and journey times, between ”; and

(b) for “of establishments” substitute “ and establishments ”.

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

84

In section 509AD of the Education Act 1996 (LEAs in England: duty to have regard to religion or belief in exercise of travel functions), in subsection (1), for the words from “to any wish” to the end substitute—

(a) to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent's religion or belief, and (b) in a case where the person in question (or any of the persons in question) is of sixth form age (within the meaning given in section 509AC(1)), to any wish of that person to be provided with education or training at a particular school, institution or other place where that wish is based on the person's religion or belief.

Co-operation as regards 14-19 education and training

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

85

(1) The arrangements made by a local authority in England under section 10 of the 2004 Act (co-operation to improve well-being of children) must include arrangements within subsection (2) or (3).

(2) The arrangements within this subsection are arrangements to promote co-operation between—

(a) the local authority,

(b) the authority's relevant partners, and

(c) the other persons and bodies (of any nature) who exercise functions, or are engaged in activities, relevant to the provision of 14-19 education or training in the authority's area.

(3) The arrangements within this subsection are arrangements made jointly by the local authority and one or more other local authorities in England to promote co-operation between—

(a) the authorities,

(b) the authorities' relevant partners, and

(c) the other persons and bodies (of any nature) who exercise functions, or are engaged in activities, relevant to the provision of 14-19 education or training in each of the authorities' areas.

(4) Subsection (1) is not to be read as affecting the generality of the duty imposed by section 10(1) and (2) of the 2004 Act so far as relating to education and training.

(5) In this section—

“the 2004 Act” means the Children Act 2004 (c. 31);

“local authority” has the meaning given by section 65(1) of that Act;

“14-19 education” and “14-19 training” mean, respectively, education and training suitable to the requirements of persons during the period beginning with the start of the academic year in which they attain the age of 15 and ending when they attain the age of 19;

“relevant partner”, in relation to a local authority, has the meaning given by section 10(4) of the 2004 Act.

(6) For the purposes of subsection (5)—

(a) “education” means full-time or part-time education, but does not include higher education (namely, education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 (c. 40));

(b) “training” means full-time or part-time training, and includes vocational, social, physical and recreational training;

Part 3 — Assessments of effectiveness of education and training etc

Provision of courses of study

Learning aims for persons aged 19 and over

86

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...

Benefit and training information

87

(1) Information within subsection (2) or (3) may be—

(a) used in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, or

(b) disclosed to a person for use in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.

(2) Information is within this subsection if—

(a) it is about an individual ..., and

(b) it is held by the Secretary of State for the purposes of any function of the Secretary of State relating to social security.

(3) Information is within this subsection if—

(a) it is about an individual ...,

(b) it is held by the Secretary of State or a devolved authority, and

(4) For the purposes of this section and sections 88 to 90, “assessment function” means any of the following functions—

(a) evaluating the effectiveness of training or education ...;

(b) assessing policy in relation to the provision of ... training or education;

(c) assessing policy in relation to social security or employment as it affects the provision of or participation in ... training or education.

Revenue and Customs information

88

(1) The Commissioners for Her Majesty's Revenue and Customs may disclose information relating to income tax or tax credits to a person for use in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.

(2) The reference in subsection (1) to the Commissioners for Her Majesty's Revenue and Customs includes a reference to a person authorised by the Commissioners.

Use of information

89

(1) Information disclosed to a person in reliance on section 87(1)(b) or 88 may be used by that person only in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.

(2) Subsection (3) applies where information about an individual is used in connection with the exercise of an assessment function of the Secretary of State or a devolved authority—

(a) in reliance on section 87(1)(a), or

(b) under subsection (1) above.

(3) So far as is reasonably practicable, the information must not be used in such a way that the identity of the individual is disclosed to, or capable of being discovered by, a person carrying out an evaluation or assessment of a kind mentioned in section 87(4)(a) to (c).

Wrongful onward disclosure of information

90

(1) This section applies to information—

(a) used in reliance on section 87(1)(a), or

(b) disclosed in reliance on section 87(1)(b) or 88.

(2) A person commits an offence if—

(a) the person discloses the information to another otherwise than in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, and

(b) the information relates to a person whose identity is specified in or can be deduced from the disclosure.

(3) It is a defence to prove that a person charged with the offence reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to the public.

(4) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both;

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both.

(5) A prosecution for an offence under this section may be instituted in England and Wales only with the consent of the Director of Public Prosecutions.

(6) In subsection (4)(b), the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months in relation to an offence committed in England and Wales before 2 May 2022.

Information: supplementary

91

(1) This section applies for the purposes of sections 87 to 90.

(2) Nothing in these sections affects the use or disclosure of information by virtue of—

(a) section 3 of the Social Security Act 1998 (c. 14);

(b) any other enactment or rule of law.

(3) These are the devolved authorities—

(a) the Scottish Ministers;

(b) the Welsh Ministers.

(4) A reference to the Secretary of State includes a reference to a person providing services to the Secretary of State.

(5) A reference to a devolved authority includes a reference to a person providing services to the authority.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Regulation and inspection of independent educational provision in England

Chapter 1 — Independent educational institutions in England

Introductory

Independent educational institutions

92

(1) For the purposes of this Chapter, “an independent educational institution” means—

(a) an independent school, or

(b) an institution other than an independent school which—

(i) provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and

(ii) would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.

(2) For the purposes of this section, an institution provides “part-time” education for a person if it provides education for the person—

(a) for at least 12.5 hours a week, for at least 28 weeks, during an academic year at the end of which the person is under the age of 12, or

(b) for at least 15 hours a week, for at least 28 weeks, during an academic year at the end of which the person is aged 12 or over,

which does not amount to full-time education.

(3) Regulations may—

(a) provide that a specified institution or an institution of a specified description is not an independent educational institution by virtue of subsection (1)(b);

(b) provide that time spent on a specified activity or on an activity of a specified description is or is not to be treated as time during which education is being provided for the purposes of this section;

(c) amend subsection (2)(a) or (b) so as to substitute a different number of weeks for the number of weeks for the time being mentioned there.

(4) In this section—

“an academic year” means a period of 12 months ending with 31 August;

“specified” means specified in regulations under this section.

Application of Chapter to institutions in England only

93

(1) References in this Chapter to an independent educational institution are to an independent educational institution in England.

(2) For provision regulating independent schools in Wales, see Chapter 1 of Part 10 of the Education Act 2002 (c. 32).

Standards

Independent educational institution standards

94

(1) The Secretary of State must by regulations prescribe standards for the purposes of this Chapter about the following matters—

(a) the quality of education provided at independent educational institutions;

(b) the spiritual, moral, social and cultural development of students at independent educational institutions;

(d) the suitability of proprietors of and staff at independent educational institutions;

(e) the premises of and accommodation at independent educational institutions;

(f) the provision of information by independent educational institutions;

(g) the manner in which independent educational institutions handle complaints;

(h) the quality of the leadership in and management of independent educational institutions.

(2) A standard may be prescribed in relation to—

(a) all independent educational institutions,

(b) specified independent educational institutions, or

(3) In subsection (2) “specified” means specified in regulations made under this section.

(4) The standards do not apply to early years provision for children who have not attained the age of three (separate requirements as to such provision being imposed by or under Part 3 of the Childcare Act 2006 (c. 21)).

(5) In this Chapter “independent educational institution standards” means—

(a) the standards for the time being prescribed under this section, and

(b) in relation to early years provision for children who have attained the age of two , the Early Years Foundation Stage (see section 39 of the Childcare Act 2006).

Requirement of registration

The register

95

(1) The Secretary of State must keep a register of independent educational institutions.

(2) The register is to be known as “the register of independent educational institutions in England”.

(3) The Secretary of State must publish the register in such manner, and at such times, as the Secretary of State considers appropriate.

Unregistered independent educational institutions: offence

96

(1) A person must not conduct an independent educational institution unless it is registered.

(2) A person who conducts an independent educational institution in contravention of subsection (1) is guilty of an offence.

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).

(4) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (3) substitute “ six months ”.

Unregistered independent educational institutions: inspection

97

(1) Where the Chief Inspector has reasonable cause to believe that an offence under section 96 is being committed on any premises, the Chief Inspector may at any reasonable time—

(a) enter and inspect the premises, and

(b) inspect and take copies of any records or other documents which the Chief Inspector has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.

(2) Section 58 of the Education Act 2005 (c. 18) (computer records) applies in relation to the inspection of records or other documents under this section.

(3) This section does not confer power to inspect or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material etc).

(4) It is an offence intentionally to obstruct a person in the exercise of the person's functions in relation to the inspection.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Registration procedure

Applications for registration

98

(1) The proprietor of an independent educational institution may apply to the Secretary of State for the institution to be entered on the register.

(2) An application to enter an institution in the register must—

(a) contain the prescribed information, and

(b) be made in the prescribed manner.

(3) The information prescribed under subsection (2)(a) must include information as to the following matters relating to the institution—

(a) whether the institution is—

(i) an independent school, or

(ii) an institution within section 92(1)(b);

(b) the age range of students;

(d) whether the institution is for male or female students or both;

(e) whether the institution provides accommodation for students;

(f) whether the institution is specially organised to make special educational provision for students with special educational needs;

(g) in the case of an institution within paragraph (f), the type or types of special educational needs for which the institution is specially organised to make special educational provision.

(4) The Secretary of State must notify the Chief Inspector of an application under this section.

Determination of applications for registration

99

(1) Where the Chief Inspector is notified under section 98(4) that an institution has applied to be entered on the register, the Chief Inspector must—

(a) inspect the institution, and

(b) make a report to the Secretary of State on the extent to which the independent educational institution standards are likely to be met in relation to the institution once it becomes a registered independent educational institution.

(2) The Secretary of State must then decide, taking into account—

(a) the report of the Chief Inspector, and

(b) any other evidence relating to the independent educational institution standards,

whether those standards are likely to be met in relation to the institution once it becomes a registered independent educational institution.

(3) The Secretary of State must notify the proprietor of the institution of the decision made under subsection (2).

(4) If the Secretary of State decides under subsection (2) that the independent educational institution standards are likely to be met in relation to the institution once it becomes a registered independent educational institution, the Secretary of State must enter the institution in the register.

(5) An entry in the register for an independent educational institution must include—

(a) the name and address of the institution,

(b) the name of the proprietor of the institution, and

Institutions no longer required to register: power to deregister

100

(1) If the Secretary of State—

(a) has reasonable cause to believe that a registered institution has ceased to be an independent educational institution, and

(b) does not have reasonable cause to believe that the institution will become an independent educational institution again within the following twelve months,

the Secretary of State may remove the institution from the register.

(2) The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.

(3) The Secretary of State's decision does not have effect during the period in which—

(a) an appeal may be brought under section 124 against the decision, or

(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Approval of material changes to registered details

“Material change”

101

(1) This section defines “a material change” in relation to an independent educational institution for the purposes of this Chapter.

(2) In relation to an institution other than a special institution, “a material change” means a change in respect of any matter referred to in section 98(3)(e) or (f).

(3) In relation to a special institution, “a material change” means—

(a) a change of proprietor,

(b) a change of address, or

(4) In this section “a special institution” means an independent educational institution that is specially organised to make special educational provision for students with special educational needs.

Requirement to apply for approval for material change

102

(1) Where the proprietor of a registered independent educational institution is aware that a material change is to be made in relation to the institution, the proprietor must make an application to the Secretary of State for approval of the change.

(2) An application for approval under this section must be made in writing and, in the case of approval of a change of proprietor, must be made by the proposed new proprietor.

Inspection and report where applications made for approval

103

(1) Where an application for approval of a material change is made under section 102, the Secretary of State may direct the Chief Inspector to inspect the institution.

(2) Where such a direction is given, the Chief Inspector must—

(a) inspect the institution, and

(b) make a report to the Secretary of State on the extent to which any relevant standard is likely to continue to be met in relation to the institution if the change is made.

(3) In this section “any relevant standard” means any independent educational institution standard—

(a) specified by the Secretary of State for the purposes of the inspection, or

(b) considered to be relevant by the Chief Inspector in the circumstances of the case.

Determination of applications for approval

104

(1) Where an application for approval of a material change is made under section 102, the Secretary of State must—

(a) approve the change, if satisfied that the independent educational institution standards are likely to continue to be met in relation to the institution if the change is made;

(b) in any other case refuse to approve it.

(2) In coming to a decision under subsection (1) the Secretary of State must take into account—

(a) any report of the Chief Inspector under section 103, and

(b) any other evidence relating to the independent educational institution standards.

(3) The Secretary of State must notify the proprietor of the institution of any decision under subsection (1).

(4) A decision under subsection (1) to refuse to approve a material change does not have effect during the period in which—

(a) an appeal may be brought under section 125 against the decision, or

(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Power to deregister institution that makes unapproved material change

105

(1) The Secretary of State may remove an independent educational institution from the register if—

(a) there has been a material change in relation to the institution,

(b) the change has not been approved under this Chapter, and

(i) no application has been made under section 102 for approval of the change, or

(ii) such an application has been made but has been refused.

(2) The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.

(3) The Secretary of State's decision does not have effect during the period in which—

(a) an appeal may be brought under section 124 against the decision, or

(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Independent inspectorates

106

(1) The Secretary of State may—

(a) approve a body or bodies to carry out inspections of registered independent educational institutions;

(b) withdraw approval previously given under paragraph (a).

(2) The Secretary of State may approve a body in relation to—

(a) specified registered independent educational institutions, or

(b) registered independent educational institutions of a specified description.

In this subsection “specified” means specified by the Secretary of State.

(3) The power in subsection (2)(b) to specify a description of independent educational institution includes power to specify a description by reference to membership of a body.

(4) The Secretary of State may by regulations specify matters that must be taken into account in deciding to approve or withdraw approval from a body under this section.

(5) In this Chapter, “an independent inspectorate” means a body approved under this section.

Quality assurance of independent inspectorates

107

(1) The Chief Inspector must, at intervals of no more than a year, prepare and send to the Secretary of State a report about independent inspectorates.

(2) In preparing a report under this section the Chief Inspector must have regard to such matters as the Secretary of State may direct.

(3) The Secretary of State may in particular give directions about—

(a) matters to be taken into account in preparing a report, and

(b) the form and contents of a report.

Inspections and reports

Duty to inspect certain registered institutions at prescribed intervals

108

(1) The Chief Inspector must—

(a) inspect each independent educational institution to which this section applies at such intervals as may be prescribed, and

(b) make a report to the Secretary of State, in relation to each inspection, on the extent to which any relevant standard is being met, and is likely to continue to be met, in relation to the institution.

(2) In this section “any relevant standard”, in relation to an inspection, means any independent educational institution standard that is—

(a) specified by the Secretary of State for the purposes of the inspection, or

(b) considered to be relevant by the Chief Inspector in the circumstances of the case.

(3) This section does not require the Chief Inspector to carry out an inspection or make a report if the Chief Inspector has been notified by the Secretary of State that the institution is to be inspected instead by an independent inspectorate.

(4) An interval may be prescribed under subsection (1) by reference to the time of an inspection carried out—

(a) by the Chief Inspector in compliance with subsection (1), or

(b) by an independent inspectorate as mentioned in subsection (3).

(5) This section applies to any registered independent educational institution that is not—

(a) an Academy,

(b) a city technology college, or

Duty to inspect registered institution on direction of Secretary of State

109

(1) The Secretary of State may at any time direct the Chief Inspector to inspect a registered independent educational institution specified in the direction.

(2) Where such a direction is made the Chief Inspector must—

(a) inspect the institution, and

(b) make a report to the Secretary of State on the extent to which any relevant standard is being met in relation to the institution.

(3) The Secretary of State may at any time arrange for an independent inspectorate—

(a) to inspect a registered independent educational institution in relation to which it is approved under section 106, and

(b) to make a report to the Secretary of State on the extent to which any relevant standard is being met in relation to the institution.

(4) In this section “any relevant standard” means any independent educational institution standard that is—

(a) specified by the Secretary of State for the purposes of the inspection, or

(b) considered to be relevant by the person carrying out the inspection in the circumstances of the case.

Inspections under this Chapter: power of entry etc

110

(1) This section applies to any inspection of a registered independent educational institution that is carried out by the Chief Inspector under this Chapter.

(2) The Chief Inspector has at all reasonable times—

(a) a right of entry to the premises of the institution for the purposes of the inspection, and

(b) a right to inspect and take copies of any records kept by the institution and any other documents containing information relating to the institution that are required for the purposes of the inspection.

(3) Section 58 of the Education Act 2005 (c. 18) (computer records) applies in relation to the inspection of records or other documents under subsection (2)(b).

(4) This section does not confer power to inspect or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material etc).

(5) It is an offence intentionally to obstruct a person in the exercise of the person's functions in relation to the inspection.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Fees for inspections by Chief Inspector under this Chapter

111

(1) Regulations may require the proprietor of an institution to which this section applies to pay to the Chief Inspector a fee in respect of an inspection of the institution carried out by the Chief Inspector under this Chapter.

(2) Regulations under this section must make provision for determining—

(a) the amount of any fee, and

(b) the time at which it must be paid.

(3) Regulations under this section may make provision—

(a) for determining the amount of a fee by reference to circumstances obtaining at a time before the inspection to which it relates takes place;

(b) requiring two or more fees to be paid in respect of an inspection under section 108 (inspections at prescribed intervals);

(d) prescribing circumstances in which the amount of a fee may be varied or a fee may be waived;

(e) conferring a discretion on the Secretary of State.

(4) The power in subsection (3)(c)—

(a) does not include power to make provision requiring a fee in respect of an inspection under section 108 to be paid at any time at which an independent inspectorate is approved in relation to the institution;

(b) includes power to make provision as to circumstances in which a fee is not to be refunded (and any requirement to pay a fee is to be unaffected) if the inspection to which it relates does not take place.

(5) Without prejudice to section 166(6), regulations under this section may make different provision—

(a) for inspections of different descriptions of institution, or

(b) for inspections carried out for different purposes or in different circumstances.

(6) This section applies to any independent educational institution that is registered, or is the subject of an application to be registered, other than —

(a) an Academy,

(b) a city technology college, or

Failure to pay fees

112

(1) Where the proprietor of an institution fails to pay a fee in accordance with regulations under section 111, the Secretary of State may remove the institution from the register.

(2) The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.

(3) The Secretary of State's decision does not have effect during the period in which—

(a) an appeal may be brought under section 124 against the decision, or

(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Publication of inspection reports

113

(1) The Chief Inspector must comply with a direction given by the Secretary of State to publish the report of any inspection carried out by the Chief Inspector under this Chapter.

(2) A report published by virtue of this section must be published in the prescribed manner.

Failure to meet standards

Action plans

114

(1) This section applies to a registered independent educational institution if the Secretary of State is satisfied, taking into account relevant evidence, that one or more of the independent educational institution standards is or are not being met in relation to the institution.

(2) In subsection (1) “relevant evidence” means—

(a) the report of an inspection carried out by the Chief Inspector or an independent inspectorate, or

(b) any other evidence in respect of the institution.

(3) The Secretary of State may require the proprietor of a registered independent educational institution to which this section applies to submit an action plan to the Secretary of State for approval.

(4) In this Chapter “an action plan” means a plan specifying—

(a) the steps that will be taken to meet a standard or standards, and

(b) the time by which each step will be taken.

(5) Any requirement imposed under this section to submit an action plan must be imposed by serving a notice on the proprietor of the institution in question—

(a) identifying the standard or standards that the Secretary of State is satisfied is or are not being met in relation to the institution, and

(b) specifying a date by which the action plan must be submitted.

(6) Where an action plan is submitted in pursuance of a requirement imposed under this section (whether or not by the date specified in the notice), the Secretary of State may—

(a) approve it, with or without modifications, or

(b) reject it.

(7) Where the Secretary of State rejects an action plan, the Secretary of State may impose a further requirement under this section to submit an action plan.

(8) An action plan that has been approved may be varied at any time by the proprietor of the institution in question with the agreement of the Secretary of State.

Power of Secretary of State to take enforcement action

115

(1) This section applies to a registered independent educational institution if the Secretary of State is satisfied, taking into account relevant evidence, that one or more of the independent educational institution standards is or are not being met in relation to the institution.

(2) In subsection (1) “relevant evidence” means—

(a) the report of an inspection carried out by the Chief Inspector or an independent inspectorate, or

(b) any other evidence in respect of the institution.

(3) The Secretary of State may take enforcement action under section 116 against the proprietor of a registered independent educational institution to which this section applies if either of the following conditions is met.

(4) The first condition is that—

(a) the Secretary of State has, during the period of three years before the enforcement action is taken, required the proprietor of the institution to submit one or more action plans under section 114, and

(b) any action plan required as mentioned in paragraph (a)—

(i) has not been submitted, and the date specified by the Secretary of State under section 114(5)(b) has passed,

(ii) was submitted but was rejected, or

(iii) was approved but was subsequently not complied with.

(5) The second condition is that—

(a) at least two years before the enforcement action is taken the Secretary of State required the proprietor of the institution to submit an action plan,

(b) at least one inspection of the institution has been carried out, by the Chief Inspector or an independent inspectorate approved under section 106 in relation to the institution, since that requirement was imposed, and

(c) the Secretary of State has not at any time since that requirement was imposed been satisfied that the institution was meeting all of the independent educational institution standards.

Enforcement action available to Secretary of State

116

(1) Where the Secretary of State is entitled under section 115(3) to take enforcement action against the proprietor of an institution, the Secretary of State may—

(a) impose a relevant restriction on the proprietor, or

(b) remove the institution from the register.

(2) The Secretary of State must notify the proprietor of the institution in question of any decision to take enforcement action under subsection (1).

(3) A decision to take enforcement action under subsection (1) does not have effect during the period in which—

(a) an appeal may be brought under section 124 or 125 against the decision, or

(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

“Relevant restriction”

117

(1) In this Chapter a “relevant restriction” imposed on the proprietor of a registered independent educational institution is a requirement that the proprietor take one or more of the following steps by a specified time or by specified times—

(a) to cease to use any part of the institution's premises for all purposes or specified purposes;

(b) to close any part of the institution's operation;

(2) In subsection (1) “specified” means—

(a) in the case of a relevant restriction imposed by the Secretary of State under section 116(1)(a), specified by the Secretary of State;

(b) in the case of a relevant restriction imposed by an order of a justice of the peace under section 120, specified in the order;

(c) in the case of a relevant restriction imposed by an order of the Tribunal under section 124, 125 or 126, specified in the order.

Relevant restriction imposed by Secretary of State: supplementary

118

(1) This section applies where the proprietor of an institution is subject to a relevant restriction imposed by the Secretary of State under section 116(1)(a).

(2) If the proprietor fails to comply with the relevant restriction the proprietor is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).

(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (2) substitute “ six months ”.

(4) The proprietor may apply to the Secretary of State for the restriction to be varied or revoked.

(5) On an application under subsection (4) the Secretary of State must—

(a) vary or revoke the restriction as requested in the application, if the Secretary of State is satisfied that it is appropriate to do so because of any change of circumstance, and

(b) in any other case, refuse to do so.

(6) The Secretary of State must notify the proprietor of the decision made under subsection (5).

(7) A decision to vary or revoke the restriction has effect as from the date on which the proprietor receives notice of it.

Unsuitable persons

119

(1) The Secretary of State may remove an institution from the register if satisfied that a person to whom subsection (2) applies—

(a) carries out work of a prescribed kind in relation to the institution, or

(b) is the proprietor of the institution.

(2) This subsection applies to any person who is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom.

(3) The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.

(4) The Secretary of State's decision does not have effect during the period in which—

(a) an appeal may be brought under section 124 against the decision, or

(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

(5) The reference in subsection (1) to the proprietor of the institution is—

(a) in a case in which the proprietor is a company, a reference to any director of the company;

(b) in a case in which the proprietor is any other body of persons, whether corporate or unincorporate, a reference to any member of the body.

Emergencies

Application to justice of the peace for order

120

(1) The Secretary of State may apply to a justice of the peace for—

(a) an order imposing a relevant restriction on the proprietor of a registered independent educational institution, or

(b) an order that such an institution be removed from the register.

(2) If it appears to the justice that a student at the institution in question is suffering or is likely to suffer significant harm, the justice may make the order.

(3) An application under this section may be made without notice.

(4) An order under this section must be in writing.

(5) A copy of an order under this section must be served on the proprietor of the institution by the Secretary of State as soon as reasonably practicable after the order is made.

(6) An order under this section has effect from the time the copy is served on the proprietor (and, accordingly, in the case of an order under subsection (1)(b), the Secretary of State must not remove the institution from the register in pursuance of the order before that time).

(7) For the purposes of this section, “harm” has the same meaning as in the Children Act 1989 (c. 41) and the question of whether harm is significant is to be determined in accordance with section 31(10) of that Act.

Relevant restriction imposed by justice of the peace: supplementary

121

(1) This section applies where the proprietor of an institution is subject to a relevant restriction imposed by an order of a justice of the peace under section 120(1)(a).

(2) If the proprietor fails to comply with the relevant restriction, the proprietor is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).

(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (2) substitute “ six months ”.

Order of justice of the peace: notification

122

(1) The Secretary of State must comply with this section as soon as reasonably practicable after an order is made under section 120 against the proprietor of an institution.

(2) The Secretary of State must serve on the proprietor—

(a) a copy of any written statement in support of the application for the order, and

(b) notice of the right of appeal conferred by section 126.

(3) In the case of an order made against the proprietor of a special institution, the Secretary of State must notify the following that the order has been made—

(a) the local authority in whose area the institution is situated;

(b) any other local authority that the Secretary of State, after reasonable enquiry, is aware has specified the institution in a statement of special educational needs in respect of a student at the institution.

(4) In this section “a special institution” means an institution that is specially organised to make special educational provision for students with special educational needs.

Provision of information by proprietors

123

(1) Regulations may make provision for requiring the proprietor of a registered independent educational institution to provide the Secretary of State, on request, with such particulars relating to the institution as may be prescribed.

(2) Regulations under this section may in particular—

(a) require the provision of such information as is needed by the local authority in whose area the institution is situated for the purpose of determining whether the institution is a children's home within the meaning of the Care Standards Act 2000 (c. 14) (see section 1 of that Act);

(b) provide for the Secretary of State to remove from the register any institution in respect of which any requirement imposed by or under the regulations is not complied with;

(c) provide that a person who fails to comply with any specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) In subsection (2) “specified” means specified in regulations under this section.

(4) Regulations that include provision by virtue of subsection (2)(b) must include the provision required by subsections (5) and (6).

(5) The regulations must require the Secretary of State to notify the proprietor of an institution of any decision to remove the institution from the register by virtue of subsection (2)(b).

(6) The regulations must provide that a decision by the Secretary of State to remove an institution from the register by virtue of subsection (2)(b) does not have effect during the period in which—

(a) an appeal may be brought under section 124 against the decision, or

(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Appeals

Appeal by proprietor against decision of Secretary of State to deregister

124

(1) The proprietor of a registered independent educational institution may appeal to the Tribunal against a decision of the Secretary of State to remove the institution from the register—

(a) under section 100 (no longer required to register),

(b) under section 105 (unapproved material change),

(d) under section 116 (failure to meet standards),

(e) under section 119 (unsuitable persons), or

(f) by virtue of section 123 (failure to provide information).

(2) Any appeal under this section must be brought within the period of 28 days beginning with the day on which notice of the decision is served on the proprietor.

(3) On an appeal under this section the Tribunal may—

(a) confirm the decision,

(b) direct that the decision is of no effect, or

(c) in the case of an appeal under subsection (1)(b), (d) or (e), direct that the decision is of no effect and make an order imposing a relevant restriction on the proprietor of the institution.

(4) Where the Tribunal confirms the decision, the Secretary of State must remove the institution from the register on such date as the Tribunal may specify or, if it does not specify a date, from such date as the Secretary of State may determine.

(5) In this Chapter “the Tribunal” means the First-tier Tribunal.

Appeal by proprietor against other decisions of Secretary of State

125

(1) The proprietor of an institution may appeal to the Tribunal against a decision of the Secretary of State in relation to the institution under—

(a) section 99(2) (standards not likely to be met on registration),

(b) section 104(1) (refusal to approve a material change),

(d) section 118(5)(b) (refusal to vary or revoke a relevant restriction).

(2) Any appeal under this section must be brought within the period of 28 days beginning with the day on which notice of the decision is served on the proprietor.

(3) On an appeal under subsection (1)(a), the Tribunal may—

(a) confirm the decision, or

(b) require the Secretary of State to reconsider the decision, taking into account, amongst other things, the findings of the Tribunal on the appeal.

(4) Section 99(3) and (4) applies in relation to the Secretary of State's decision on reconsideration under subsection (3)(b) above as it applies to a decision made under section 99(2).

(5) On an appeal under subsection (1)(b) the Tribunal may—

(a) confirm the decision, or

(b) itself approve the change.

(6) On an appeal under subsection (1)(c), the Tribunal may—

(a) confirm the decision,

(b) direct that the relevant restriction is to cease to have effect, or

(c) direct that the relevant restriction is to cease to have effect and make an order imposing a different relevant restriction on the proprietor.

(7) On an appeal under subsection (1)(d), the Tribunal may—

(a) confirm the refusal, or

(b) if the Tribunal is satisfied that it is appropriate to do so because of a change of circumstance since the restriction in question was imposed—

(i) direct that the relevant restriction is to cease to have effect, or

(ii) direct that the relevant restriction is to cease to have effect and make an order imposing a different relevant restriction on the proprietor.

Appeal by proprietor against order of justice of the peace

126

(1) The proprietor of a registered independent educational institution may appeal to the Tribunal against the making of an order under section 120 (order of justice of the peace in an emergency).

(2) On an appeal under this section the Tribunal may—

(a) confirm the making of the order,

(b) direct that the order is to cease to have effect, or

(i) imposing a relevant restriction on the proprietor of the institution, or

(ii) requiring the Secretary of State to remove the institution from the register on such date as the Tribunal may specify or, if it does not specify a date, from such date as the Secretary of State may determine.

(3) Subsection (4) applies where—

(a) an appeal is brought under this section against an order that the institution be removed from the register, and

(b) the Tribunal directs that the order is to cease to have effect.

(4) The institution—

(a) must be restored to the register by the Secretary of State, and

(b) is to be treated as if it had not been removed from the register in pursuance of the order.

Relevant restriction imposed by Tribunal: supplementary

127

(1) This section applies where the Tribunal makes an order under section 124, 125 or 126 imposing a relevant restriction on the proprietor of an institution.

(2) The order in question has effect from the time the proprietor receives notice of it in accordance with Tribunal Procedure Rules or from the Secretary of State.

(3) If the proprietor fails to comply with the relevant restriction, the proprietor is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).

(4) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (3) substitute “ six months ”.

(5) The proprietor may apply to the Tribunal for the relevant restriction to be varied or revoked.

(6) On an application under subsection (5) the Tribunal must—

(a) vary or revoke the relevant restriction as requested in the application, if the Tribunal is satisfied that it is appropriate to do so because of any change of circumstance, and

(b) in any other case, refuse to do so.

Prohibition on participation in management of independent educational institutions

Prohibition on participation in management

128

(1) The appropriate authority may direct that a person—

(a) may not take part in the management of an independent educational institution;

(b) may take part in the management of such an institution only in circumstances specified in the direction;

(2) A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent educational institution.

(3) Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).

(4) The appropriate authority may vary or revoke a direction under this section in prescribed cases.

(5) Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4).

(6) In this section and sections 129 to 131, “the appropriate authority” means—

(a) the Secretary of State, or

(b) such other public authority as may be prescribed.

Directions under section 128: appeals

129

(1) A person in respect of whom a direction has been given under section 128 may appeal to the Tribunal—

(a) against the decision to give the direction;

(b) against a decision not to vary or revoke the direction.

(2) Regulations may—

(a) provide that the Tribunal may not entertain an appeal under this section insofar as the appellant's case is inconsistent with the appellant having been convicted of an offence;

(b) prescribe circumstances in which the Tribunal must allow an appeal under this section;

Directions under section 128: information

130

(1) Where the appropriate authority is a public authority other than the Secretary of State, the Secretary of State may provide to that authority any information relating to a person which appears to the Secretary of State to be relevant to the exercise of the appropriate authority's functions under section 128 or by virtue of section 129.

(2) The Welsh Ministers may provide to the appropriate authority any information relating to a person which is held by them in connection with their functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32).

(3) The Chief Inspector may provide to the appropriate authority any information relating to a person which appears to the Chief Inspector to be relevant to the exercise of the appropriate authority's functions under section 128 or by virtue of section 129.

(4) The Disclosure and Barring Service may provide to the appropriate authority any information relating to a person which is held by the Service in connection with its functions and which appears to it to be relevant to the exercise of the appropriate authority's functions under section 128 or by virtue of section 129.

(5) The appropriate authority may provide to the Disclosure and Barring Service, ... the General Teaching Council for Wales, the Chief Inspector, the Welsh Ministers or, where the appropriate authority is a public authority other than the Secretary of State, the Secretary of State, any information relating to a person which is held by the appropriate authority in connection with its functions under section 128.

Directions under section 128: notification

131

Where the appropriate authority gives a direction under section 128(1), or varies or revokes any such direction, it must notify—

(a) the Secretary of State (unless the appropriate authority is the Secretary of State), and

(b) the Welsh Ministers and (if different) the appropriate authority for the purposes of sections 167A to 167D of the Education Act 2002 (c. 32) (prohibition on participation in management of independent schools in Wales).

Independent colleges for 16 to 18 year olds

Providers of independent education or training for 16 to 18 year olds

132

(1) Regulations may provide for any provision of this Chapter to apply in relation to an independent post-16 college as it applies in relation to an independent educational institution, subject to such modifications as may be prescribed.

(2) For this purpose, “an independent post-16 college” means an institution in England—

(a) at which relevant education or training is provided for—

(i) five or more persons who are not under compulsory school age, including at least one who is over compulsory school age but is under the age of 18, or

(ii) at least one student to whom subsection (4) applies who is over compulsory school age but is under the age of 18,

(b) which is not—

(i) an independent educational institution,

(ii) a school maintained by a local authority,

(iii) a special school not so maintained, ...

(iiia) an institution solely or principally concerned with the provision of higher education, or

(iv) an institution in receipt of funding from the Secretary of State ..., and

(3) In subsection (2)(a), “relevant education or training” provided for a person means education or training which—

(a) is provided for the person for at least 16 hours a week, for at least 4 weeks, during an academic year, and

(b) is not education or training provided in connection with facilities for adventure activities (within the meaning of section 1 of the Activity Centres (Young Persons' Safety) Act 1995 (c. 15) (adventure activities: licensing)).

(4) This subsection applies to a person—

(a) for whom an EHC plan is maintained, or

(b) for whom an EHC plan was maintained immediately before—

(i) the person ceased to be a pupil at his or her last school or (if later) the person ceased to be a student at his or her last post-16 institution, or

(ii) the institution in England mentioned in subsection (2) started providing relevant education or training for the person.

(5) Regulations may—

(a) provide that a specified institution or an institution of a specified description is not an independent post-16 college;

(b) provide that time spent on a specified activity or on an activity of a specified description is or is not to be treated as time during which education or training is provided for the purposes of this section;

(c) amend subsection (3)(a) so as to substitute a different number of hours or weeks for the number of hours or weeks for the time being mentioned there.

(6) In this section—

“an academic year” means a period of 12 months ending with 31 August;

“post-16 institution” has the meaning given by section 83(2) of the Children and Families Act 2014;

“specified” means specified in regulations under this section.

Regulations under section 132: supplementary

133

(1) Regulations under section 132(1) applying—

(a) section 120, or

(b) any of the provisions mentioned in—

(i) section 124(1), or

(ii) section 125(1),

in relation to an independent post-16 college must also apply any provision conferring a right of appeal against a decision or order made under that provision.

(2) No draft of any regulations under section 132(1) may be laid before Parliament unless the Secretary of State has first consulted—

(a) the Chief Inspector, and

(b) such other persons as the Secretary of State considers appropriate,

about the proposal to make the regulations.

Supplementary

Proceedings for offences

134

No proceedings for an offence under this Chapter may be instituted except by or with the consent of the Secretary of State.

Offences by bodies corporate

135

(1) Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

that person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to a director of a body corporate.

Offences by unincorporated bodies

136

(1) Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.

(2) A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body.

(3) If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate.

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Education and Skills Act 2008

Financial penalties

65

Interpretation of Part

66

Corresponding provision for Wales

67

Part 2 — Support for participation in education or training: young adults with learning difficulties and young people in England

Provision of support services

Support services: provision by local education authorities

68

Directions

69

Local education authorities: supplementary powers

70

Provision of support on conditional basis: learning and support agreements

71

Educational institutions: duty to provide information

72

Educational institutions: access and facilities

73

Internet and telephone support services etc

74

Inspection

75

Supply of social security information relating to young persons

76

Supply of information by public bodies

77

Supplementary

78

Existing functions of Secretary of State

79

Assessments relating to learning difficulties

Assessments relating to learning difficulties

80

Careers education

Careers education: information and advice

81

Apprenticeships

Apprenticeships: functions of Learning and Skills Council for England

82

School transport etc

Provision of transport etc for persons of sixth form age: duty to consider journey times

83

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

84

Co-operation as regards 14-19 education and training

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

85

Part 3 — Assessments of effectiveness of education and training etc

Provision of courses of study

Learning aims for persons aged 19 and over

86

...

Benefit and training information

87

Revenue and Customs information

88

Use of information

89

Wrongful onward disclosure of information

90

Information: supplementary

91

Part 4 — Regulation and inspection of independent educational provision in England

Chapter 1 — Independent educational institutions in England

Introductory

Independent educational institutions

92

Application of Chapter to institutions in England only

93

Standards

Independent educational institution standards

94

Requirement of registration

The register

95

Unregistered independent educational institutions: offence

96