Education and Skills Act 2008

• “non-participation fine” means a fine imposed—for an offence under section 51, orin respect of a failure to comply with any sentence imposed for such an offence;

• “the relevant sum”, in relation to a non-participation fine, means—the non-participation fine,any surcharge ordered under section 42 of the Sentencing Code (surcharges) to be paid solely in relation to the offence, andany costs ordered by a court to be paid by the person on whom the fine was imposed in connection with the offence or proceedings relating to the offence or any sentence imposed (including proceedings on appeal);

• “relevant local authority”, in relation to a non-participation fine, means the local authority which issued the penalty notice under section 53 in respect of the offence to which the fine relates.

• (2) References in those sections to a fine being imposed are, in the case of a fine varied or confirmed on appeal, references to its being varied or confirmed.

Enforcement of non-participation fine etc: person reaching 18

56

• (1) This section applies where—

• (a) a non-participation fine has been imposed on a person aged under 18, and

• (b) the relevant sum, or any part of it, remains unpaid when the person reaches the age of 18.

• (2) When the person reaches the age of 18, the relevant sum ceases to be enforceable as a sum adjudged to be paid by a conviction of a magistrates' court.

• (3) Accordingly, after the person has reached the age of 18—

• (a) the normal enforcement provisions do not apply in relation to the relevant sum, and

• (b) the normal enforcement powers are not exercisable in relation to the relevant sum,

except so far as necessary to permit current enforcement processes to be concluded.

• (4) Any order or warrant made or issued in relation to the non-participation fine, other than—

• (a) an order under section 75 of the Magistrates' Courts Act 1980 (c. 43) (power to dispense with immediate payment),

• (b) an order under section 85A of that Act (variation of instalments of sum adjudged to be paid by conviction), or

• (c) a current enforcement process,

ceases to have effect when the person reaches the age of 18.

• (5) A magistrates' court may, after the person has reached the age of 18, order that payment of so much of the relevant sum as remains unpaid may be enforced as if it were a sum due to the relevant local authority in pursuance of a judgment or order of the county court.

• (6) An order under subsection (5) may not be made unless—

• (a) the person appears to the court to have sufficient means to pay the sum forthwith, and

• (b) any current enforcement processes have been concluded.

• (7) For the purposes of this section, “current enforcement process” means an order or warrant mentioned in paragraph (a), (b) or (c) and any reference to its conclusion is to be read in accordance with that paragraph—

• (a) a warrant of control—

• (i) issued under section 76 of the Magistrates' Courts Act 1980 (warrants of control etc) for the purpose of recovering the relevant sum (or any part of it), and

• (ii) by virtue of which an enforcement agent has, before the person reaches the age of 18, taken control of any goods of the person under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (taking control of goods),

is concluded when property in all goods of the person has, in accordance with paragraph 6 of that Schedule, ceased to be bound by virtue of the warrant;

• (b) an order in force when the person reaches the age of 18 under—

• (i) section 81(1)(b) of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders), or

• (ii) section 380(1) of the Sentencing Code (power to order parent or guardian to pay fine, costs, compensation or surcharge),

requiring that the relevant sum (or any part of it) be paid by a parent or guardian of the person is concluded when it is revoked;

• (c) an order in force when the person reaches the age of 18 under section 39 of the Criminal Justice and Immigration Act 2008 (c. 4) (youth default orders) in respect of the relevant sum (or any part of it) is concluded when it is revoked.

• (8) Subsection (2) does not affect the exercise of any power, or any order made, in respect of the offence before the person reached the age of 18.

• (9) The Lord Chancellor may by order amend subsection (4) or (7) by—

• (a) adding to it provision about any warrant or order that may be issued or made, or step that may be taken, in relation to a non-participation fine before the person on whom it is imposed reaches the age of 18, or

• (b) removing any such provision for the time being made by that subsection.

Enforcement of non-participation fine etc: fine imposed on person aged 18 or over

57

• (1) This section applies where a non-participation fine is imposed on a person who has reached the age of 18.

• (2) Payment of the relevant sum may be enforced as if it were a sum due to the relevant local authority in pursuance of a judgment or order of the county court.

• (3) The relevant sum is not enforceable as a sum adjudged to be paid by a conviction of a magistrates' court.

• (4) Accordingly—

• (a) the normal enforcement provisions do not apply in relation to the relevant sum, and

• (b) the normal enforcement powers are not exercisable in relation to the relevant sum.

• (5) But subsections (3) and (4) do not prevent a magistrates' court, on imposing the fine, from—

• (a) making an order under section 75 of the Magistrates' Courts Act 1980 (c. 43) (power to dispense with immediate payment), or

• (b) making an order under section 80 of that Act (application of money found on defaulter to satisfy sum adjudged) for the person to be searched before leaving the precincts of the court-house; and subsections (2) and (3) of that section apply in relation to a search in pursuance of any such order.

Enforcement of non-participation fine: further provisions

58

• (1) In sections 56 and 57, “the normal enforcement provisions” means—

• (a) Part 3 of the Magistrates' Courts Act 1980 (satisfaction and enforcement);

• (b) sections 135 and 136 of that Act (committal and detention for short period);

• (c) section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention of persons aged at least 18 but under 21 for default or contempt);

• (d) Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc and discharge of fines by unpaid work); and

• (e) section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter).

• (2) In sections 56 and 57, “the normal enforcement powers”, in relation to any sum, means—

• (a) any power of a magistrates' court or an officer of such a court—

• (i) to enforce payment of the sum; or

• (ii) which is exercisable in consequence of a default in payment of the sum or any part of it;

• (b) in the case of a fine imposed, varied or confirmed by a decision of any other court on an appeal, any power of that other court to enforce the decision.

• (3) The Lord Chancellor may by order amend subsection (1) or (2) by—

• (a) adding a reference to any statutory provision which relates to enforcement of fines, costs or surcharges, or to any power to enforce payment of such sums, or

• (b) removing a reference to any provision or power for the time being listed in that section.

• (4) Where—

• (a) a sum is payable at a time or times specified by—

• (i) an order under section 75 of the Magistrates' Courts Act 1980 (c. 43) (power to dispense with immediate payment), or

• (ii) orders under that section and section 85A of that Act (variation of instalments of sum adjudged to be paid by conviction), and

• (b) the sum would (but for this subsection) be treated by virtue of section 56 or 57 as due to a local authority in pursuance of a judgment or order of the county court,

the sum is to be treated as so payable to that authority at the time or times referred to in paragraph (a) by virtue of an order of the county court under section 71(1) of the County Courts Act 1984 (c. 28) (satisfaction of judgments and orders for payment of money).

Application of sums recovered by virtue of section 56 or 57

59

• (1) The Lord Chancellor may by regulations make provision as to the application of amounts recovered by local authorities by virtue of sections 56 and 57.

• (2) Any such regulations must make provision for securing that any such amount recovered, so far as not—

• (a) attributable to county court enforcement costs, or

• (b) paid to a magistrates' court, or to an officer of such a court,

is repaid to the person on whom the non-participation fine to which it relates was imposed (or other person who paid the amount).

• (3) Regulations under this section may make provision, in particular, as to—

• (a) the extent to which amounts recovered by virtue of section 56 or 57 are attributable to county court enforcement costs;

• (b) further payments, or repayments, to be made in consequence of any appeal, or of any remission or variation of a non-participation fine or any other amount required to be paid.

• (4) In this section, “county court enforcement costs” in relation to a non-participation fine means costs incurred by a local authority in connection with the recovery of the relevant sum in the county court.

Supplementary

Review of initial operation of Chapter

60

• (1) The Secretary of State must appoint a person to conduct a review of the initial operation of this Chapter.

• (2) The person appointed must make a report to the Secretary of State on the review within a reasonable period after the school leaving date for 2016.

• (3) The Secretary of State must lay a copy of the report before Parliament.

• (4) The Secretary of State may pay to the person appointed such remuneration and expenses as the Secretary of State may determine.

Chapter 6 — Miscellaneous

Alternative ways of working

61

• (1) Regulations may—

• (a) provide for who is to be treated as the employer for the purposes of this Part in relation to any way of working prescribed by regulations under section 5(1)(b), and

• (b) provide for any provision of this Part to apply with modifications in relation to any such way of working.

• (2) Regulations may provide for any provision of this Part to apply with modifications in cases where a person to whom this Part applies—

• (a) is employed under a contract of employment, and

• (b) is for the time being supplied by the employer to another person (“the principal”) to perform work in accordance with a contract made between the employer and the principal.

Crown employment

62

• (1) For the purposes of section 5—

• (a) Crown employment, and

• (b) service as a member of the armed forces of the Crown,

are each to be treated as working under a contract of employment.

• (2) Regulations may provide for Chapter 1 to have effect subject to modifications in relation to persons working in either of those ways.

• (3) Chapter 3 applies in relation to Crown employment and persons in Crown employment as it applies in relation to other employment and other employees, but subject to subsection (4).

• (4) For the purposes of the application of Chapter 3 in relation to Crown employment and persons in Crown employment—

• (a) references to a contract of employment are to be construed, in relation to a person in Crown employment, as references to the terms and conditions under which the person works, and

• (b) references to an employee are to be construed as references to a person in Crown employment.

• (5) In this section, “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by statutory provision, but subject to subsection (6).

• (6) Crown employment—

• (a) does not include service as a member of the armed forces of the Crown, but

• (b) does include employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996 (c. 14).

House of Lords staff

63

The following provisions apply in relation to employment under a contract of employment with the Corporate Officer of the House of Lords as they apply in relation to other employment—

• (a) sections 19 to 21;

• (b) sections 27 to 29.

House of Commons staff

64

• (1) For the purposes of section 5, working as a relevant member of the House of Commons staff is to be treated as working under a contract of employment.

• (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

• (c) section 53,

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;

• (c) section 62;

• (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;

• (c) information in the institution's possession about 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

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

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

• (c) may relate to a specific area.

• (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.

Supply of social security information relating to young persons

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,

• (c) in accordance with any provision of, or made under, any other Act,

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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

• (c) otherwise within its area.

• (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

Assessments relating to learning difficulties

80

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

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

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

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;

• (c) “academic year” means any period beginning with 1 August and ending with the next 31 July.

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

• (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

• (c) it relates to any training or course of education undertaken by the individual ....

• (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;

• (c) the welfare, health and safety 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

• (c) independent educational institutions of a specified description.

• (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;

• (c) the maximum number 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

• (c) the information supplied pursuant to section 98(3)(a) to (g).

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

• (c) a change in respect of any matter referred to in section 98(3)(a) to (g).

• (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

• (c) either—

• (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

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

• (c) a city college for the technology of the arts.

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);

• (c) requiring a fee to be paid at a time before the inspection to which it relates takes place;

• (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

• (c) a city college for the technology of the arts.

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;