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

articles Not indexed

Reform history JSON API

(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.

(4) Where an offence under this Chapter committed by an unincorporated body other than a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, that person (as well as the body) is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

Service of notice etc

137

For the purposes of this Chapter, any notice, order or other document required to be given to or served on the proprietor of a registered independent educational institution may be given to or served on the proprietor by delivering it to the registered address of the institution.

Interpretation of Chapter

138

(1) In this Chapter—

“an action plan” has the meaning given by section 114(4);

“the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

“early years provision” has the meaning given by section 96(2) of the Childcare Act 2006 (c. 21);

“independent educational institution standards” has the meaning given by section 94;

“an independent inspectorate” has the meaning given by section 106;

“a material change”, in relation to an independent educational institution, has the meaning given by section 101;

“proprietor”, in relation to an institution, means the person or body of persons responsible for the management of the institution;

“the register” means the register of independent educational institutions in England (see section 95);

“registered” means entered in the register;

“relevant restriction” has the meaning given by section 117;

“student” means—in relation to an independent school, a pupil (for the meaning of “pupil” see section 3 of the Education Act 1996 (c. 56));in relation to an institution within section 92(1)(b), a person for whom the institution provides part-time education within the meaning of that provision or full-time education;

“the Tribunal” has the meaning given by section 124(5).

(2) In section 98 the reference to the proprietor of an independent educational institution includes the proprietor of an institution that it is proposed should become an independent educational institution (and accordingly the information required by subsection (3) of that section, in the case of such a proprietor, is information about the institution as it is proposed to be).

Transitional provision

Continuity of the law

139

(1) This section applies where—

(a) by virtue of one or more amendments made by paragraphs 15 to 24 of Schedule 1, a provision of or made under Chapter 1 of Part 10 of the Education Act 2002 (c. 32) (“the old provision”) that applied in relation to independent schools in England has ceased so to apply, and

(b) a provision of or made under this Chapter (“the new provision”) re-enacts, with or without modification, the old provision as it so applied.

(2) The amendment or amendments mentioned in subsection (1)(a) and the re-enactment mentioned in subsection (1)(b) do not affect the continuity of the law.

(3) Anything done (including any subordinate legislation made), or having effect as if done, under or for the purposes of the old provision that—

(a) could have been done under or for the purposes of the new provision (had the new provision then been in force), and

(b) is in force or effective immediately before the coming into force of the new provision,

has effect from that time as if done under or for the purposes of the new provision.

(4) Any reference (express or implied) in this Chapter or any other enactment, instrument or document to the new provision is to be construed (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the old provision had effect, a reference to the old provision.

(5) Any reference (express or implied) in any enactment, instrument or document to the old provision is to be construed (so far as the context permits), as respects times, circumstances and purposes in relation to which the new provision has effect, as being or (according to the context) including a reference to the new provision.

(6) This section has effect subject to any specific transitional provision of or made under this Act.

(7) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

The register and fees

140

(1) On the coming into force of section 95, the register of independent schools in England becomes the register of independent educational institutions in England.

(2) The power in section 111(3)(d) to make provision prescribing circumstances in which the amount of a fee may be waived includes power to make such provision in relation to a fee (or any part of a fee) payable by virtue of section 162B(6) of the Education Act 2002 (fees payable to Chief Inspector).

Prohibition on participation in management

141

(1) A person falls within this subsection if—

(a) immediately before the relevant day the person is subject to a direction under section 142 of the Education Act 2002 (c. 32) given on grounds prescribed for the purposes of this section, and

(b) prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the Disclosure and Barring Service under the Safeguarding Vulnerable Groups Act 2006 (c. 47)) are satisfied in relation to the person.

(2) Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of the Education Act 2002 were a direction given by the appropriate authority under section 128 of this Act.

(3) Regulations under this section may make provision in connection with the determination of any appeal under subsection (1) of section 144 of the Education Act 2002, or application for review under subsection (2) of that section, which is pending on the relevant day.

(4) Regulations made by virtue of subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of the Education Act 2002 to be treated as an appeal under section 129 of this Act.

(5) In this section—

“appropriate authority” has the same meaning as in sections 128 to 131 (see section 128(6));

“the relevant day” means the day on which section 128 comes into force.

Chapter 2 — Schools providing for special educational needs

Non-maintained special schools in England

Interpretation

142

(1) For section 337 of the Education Act 1996 (c. 56) (special schools) and the italic heading preceding it substitute—

(337) A school is a special school if— (a) it is specially organised to make special educational provision for pupils with special educational needs, and (b) in the case of a school that is not maintained by a local authority, it is approved under section 342. (337A) In this Chapter— - “a non-maintained special school” means a school that is approved under section 342; - “the appropriate national authority” means— 1. in relation to a school in England, the Secretary of State; 2. in relation to a school in Wales, the Welsh Ministers.

(2) Section 342 of that Act (approval of non-maintained special schools) is amended as follows.

(3) In subsection (1)—

(a) for “Secretary of State” substitute “ appropriate national authority ”;

(b) omit “his”.

(4) In subsection (5)(a) for “Secretary of State” substitute “ appropriate national authority ”.

Right of sixth-form pupils to opt out of religious worship

143

(1) Section 342 of the Education Act 1996 is amended as follows.

(2) After subsection (5) insert—

(5A) Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section— (a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and (b) attends religious worship unless withdrawn from attendance at such worship— (i) in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and (ii) in any other case, in accordance with the wishes of the pupil's parent. (5B) In subsection (5A) “a sixth-form pupil” means a pupil who— (a) has ceased to be of compulsory school age, and (b) is receiving education suitable to the requirements of pupils over compulsory school age.

(3) In subsection (6) for “special school” substitute “ school in Wales that is ”.

Protection of pupils in an emergency

144

After section 342 of the Education Act 1996 (c. 56) insert—

(342A) (1) Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342. (2) Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in— (a) section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or (b) section 122 of that Act (notification).

Appeals

145

After section 342A of the Education Act 1996 (inserted by section 144) insert—

(342B) (1) Regulations may make provision for an appeal against a decision of the Secretary of State— (a) to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor; (b) not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school. (2) In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a). (3) Regulations under this section must provide that an appeal brought by virtue of this section— (a) lies to the First-tier Tribunal, and (b) must be brought by the proprietor of the school in question. (4) The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which— (a) an appeal against the decision could be brought, or (b) where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of. (342C) (1) Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency). (2) The regulations must provide that an appeal brought by virtue of this section— (a) lies to the First-tier Tribunal, and (b) must be brought by the proprietor of the school in question.

Independent schools in England

Abolition of requirement of approval for independent schools: England

146

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

Approval of independent schools: consequential amendments

147

(1) Section 349 of the Education Act 1996 (c. 56) (variation of trust deeds by order) is amended as follows.

(2) In subsection (1)—

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) Section 483A of that Act (city colleges and academies: special educational needs) is amended as follows.

(5) For subsection (3)(a) and (b) substitute—

(a) the statement is maintained by a local authority in England, or (b) the statement is maintained by a local authority in Wales and the Welsh Ministers consent to the child being educated at the school.

(6) In subsection (4) of that section for “The Secretary of State” substitute “ The appropriate national authority ”.

(7) At the end of that section add—

(6A) In subsection (4) “the appropriate national authority” means— (a) in relation to a school in England, the Secretary of State; (b) in relation to a school in Wales, the Welsh Ministers.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of independent schools: transitional provision

148

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

Part 5 — Miscellaneous and general

Chapter 1 — Powers of National Assembly for Wales

Powers of National Assembly for Wales

149

(1) In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly Measures), field 5 (education and training) is amended as follows.

(2) After matter 5.4 insert—

Matter 5.4A The regulation of— (a) schools that are not maintained by local authorities ; (b) relevant independent educational institutions.

(3) In matter 5.15 after “The inspection of—” insert—

(za) schools; (zb) relevant independent educational institutions;

(4) In that matter, for paragraph (b) substitute—

(b) pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a);

(5) In matter 5.16 for “, any of the kinds of education, training or services mentioned in matter 5.15.” substitute

— (a) pre-16 education or training; (b) post-16 education or training; (c) the training of teachers and specialist teaching assistants for schools; (d) services of the kinds mentioned in matter 5.8.

(6) After the definition of “post-16 training” insert—

“pre-16 education or training” means education or training suitable to the requirements of persons who are of or below compulsory school age; “relevant independent educational institution” means an institution other than a school which— (a) 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 (b) 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. For the purposes of the above definition of “relevant independent educational institution”, an institution provides “part-time” education for a person if— (a) it provides education for the person, and (b) the education does not amount to full-time education.

Chapter 2 — Miscellaneous

School admissions

Sixth form admissions etc

150

After section 86 of the School Standards and Framework Act 1998 (c. 31) (parental preferences) insert—

(86A) (1) A local authority shall make arrangements for enabling— (a) a child in the authority's area to express a preference as to the school at which he wishes sixth form education to be provided for him in the exercise of the authority's functions, (b) a parent of such a child to express a preference as to the school at which he wishes sixth form education to be so provided for his child, (c) a relevant child to express a preference as to the school at which he wishes education other than sixth form education to be provided for him in the exercise of the authority's functions, and (d) a parent of such a child to express a preference as to the school at which he wishes such education to be so provided for his child, and, in each case, for enabling the person expressing the preference to give reasons for his preference. (2) In subsection (1), “relevant child”, in relation to a local authority and any education, means a child in the authority's area who— (a) has ceased to be of compulsory school age, or (b) will have ceased to be of compulsory school age before the education in question is provided for him. (3) Arrangements made under subsection (1) shall allow— (a) a person who is to be able to express a preference under any of paragraphs (a) to (d) of that subsection to express preferences for more than one school; (b) preferences to be expressed, in relation to a child, by both the child and a parent of his. (4) Where— (a) the arrangements for the admission of pupils to a maintained school provide for applications for admission to be made to (or to a person acting on behalf of) the governing body of the school, and (b) a child (whether or not in the area of the authority maintaining the school) or his parent makes such an application, that person shall be regarded for the purposes of this Chapter as having expressed a preference for that school in accordance with arrangements made under subsection (1). (86B) (1) Subject to subsections (2) and (4) and section 87, the admission authority for a maintained school shall comply with any preference expressed in accordance with arrangements made under section 86A(1). (2) The duty imposed by subsection (1) does not apply if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources. (3) Subsections (5) to (5B) of section 86 apply for the purpose of determining whether any prejudice should be taken to arise for the purposes of subsection (2), but with the substitution of references to that subsection for references to subsection (3)(a) of section 86. (4) The duty imposed by subsection (1) does not apply in a case where a preference is expressed in relation to sixth form education if— (a) the relevant selection arrangements for the preferred school are wholly based on selection by reference to ability or aptitude, and (b) compliance with the preference would be incompatible with selection under those arrangements. (5) Where the relevant selection arrangements for a school provide for all pupils selected under the arrangements to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of subsection (4)(a) to be wholly based on selection by reference to ability or aptitude whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group. (6) In this section “the relevant selection arrangements”, in relation to a school, means— (a) the arrangements for admission to the school for sixth form education, or (b) those arrangements and the arrangements for entry to the sixth form of children who have been admitted to the school.

Admission arrangements

151

(1) The School Standards and Framework Act 1998 (c. 31) is amended as follows.

(2) After section 88 insert— “ Admission arrangements: England ”

(3) In section 88A (prohibition on interviews), in subsections (1) and (3), after “maintained school” insert “ in England ”.

(4) After section 88A insert—

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