The Education (Particulars of Independent Schools) (Amendment) Regulations 1994

Made: 27th February 1994

Laid before Parliament: 7th March 1994

Coming into force: 1st April 1994

In exercise of the powers conferred upon the Secretary of State by section 70(4) and (4A) of the Education Act 1944[^f00001] the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

1

These Regulations may be cited as the Education (Particulars of Independent Schools) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.

2

The Education (Particulars of Independent Schools) Regulations 1982[^f00002] are amended by—

• (a) the insertion before the definition of “the register” in regulation 2 of the following definition—

• “boarding pupil” means a child (within the meaning of s105(1) of the Children Act 1989) provided with accommodation at the school or under arrangements made by the proprietor of the school;

; and

• (b) the insertion of a new paragraph 10 in the Schedule—

(10) (1) In the case of a school taking boarding pupils other than a school approved by the Secretary of State under section 189(1) of the Education Act 1993 (independent schools suitable for children with statements of special educational needs): (a) in each year within the period of two years ending with the relevant date for the purposes of regulation 5 the number of boarding pupils for whom accommodation was provided for more than 295 days in that year; and (b) whether it is intended that more than three of the boarding pupils at the school be provided with accommodation for more than 295 days in any year. (2) In this paragraph “year” means a period of twelve months.

Signed

John Patten — Secretary of State for Education — 21st February 1994

John Redwood — Secretary of State for Wales — 27th February 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to the Education (Particulars of Independent Schools) Regulations 1982 following the amendment of section 70 of the Education Act 1944 by section 292(2) of the Education Act 1993.

They introduce a new requirement that proprietors of independent schools taking boarding pupils give the information described in section 63(6) of the Children Act 1989 (as substituted by the Education Act 1993) to the Registrar of Independent Schools, which would show whether the school is a children’s home within the meaning of the Children Act 1989.

The requirement does not affect independent schools approved for children with statements of special educational needs.

Footnotes

[^f00001]: 1944 c. 31; subsection (4) of section 70 was substituted by section 36(7) of the Education Act 1980 (c. 20), and subsection (4A) was inserted by section 292(2) of the Education Act 1993 (c. 35); for matters to be prescribed see section 114(1) of the 1944 Act.

[^f00002]: S.I. 1982/1730, to which there are amendments not relevant to this instrument.