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In force since 2026-09-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) References in this Chapter to an independent school are to an independent school in Wales. (2) For provision regulating independent schools in England, see Chapter 1 of Part 4 of the Education and Skills Act 2008.
Propose a change(1) For the purposes of this Chapter, regulations shall prescribe standards about the following matters— (a) the quality of education provided at independent schools; (b) the spiritual, moral, social and cultural development of pupils at independent schools; (c) the welfare, health and safety of pupils at independent schools; (d) the suitability of proprietors of and staff at independent schools; (e) the premises of and accommodation at independent schools; (f) the provision of information by independent schools; (g) the manner in which independent schools handle complaints. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In this Chapter “independent school standards” means— (a) the standards for the time being prescribed under this section, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) There shall continue to be— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a register of independent schools in Wales. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The register of independent schools in Wales shall be kept by the Welsh Ministers. (4) The Welsh Ministers must publish a list of the schools included in the register of independent schools in Wales, as amended from time to time. (5) If the Welsh Ministers have been provided with the necessary information by the proprietor of the school, the published list must specify the type or types of additional learning provision made by a school on the list for pupils with additional learning needs (if any).
Propose a change(1) A person who conducts an independent school which is not a registered school is guilty of an offence. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to— (a) a fine not exceeding level 5 on the standard scale, or (b) imprisonment for a term not exceeding six months, or to both. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Where the Chief Inspector has reasonable cause to believe that an offence under subsection (1) is being committed on any premises, he may at any reasonable time— (a) enter and inspect the premises, and (b) inspect and take copies of any records or other documents which he has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence. (5) Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (4)(b). (6) It is an offence wilfully to obstruct the Chief Inspector in the exercise of his functions under subsection (4). (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Propose a change(1) An application to enter an independent school in the register must— (a) contain the prescribed information, and (b) be made to the registration authority by the proprietor of the school in the prescribed manner. (2) The information prescribed under subsection (1)(a) shall include information as to the following matters relating to the school— (a) the age range of pupils; (b) the maximum number of pupils; (c) whether the school is for male or female pupils or both; (d) whether the school provides accommodation for pupils; (e) the type or types of additional learning provision made by the school for pupils with additional learning needs (if any). (3) Where the proprietor of an independent school makes an application to the registration authority under this section, the authority shall notify the Chief Inspector. (4) The Chief Inspector shall then inspect the school and report to the registration authority on the extent to which the independent school standards are met, and are likely to continue to be met, in relation to the school.
Propose a change(1) Where a school has been inspected under section 160, the registration authority shall, taking into account— (a) the report of the Chief Inspector under that section, and (b) any other evidence relating to the independent school standards, determine whether those standards are met, and are likely to continue to be met, in relation to the school. (2) The registration authority shall notify the proprietor of a school of any determination made by the authority under this section in relation to the school. (3) If the registration authority determines under this section that the independent school standards are met, and are likely to continue to be met, in relation to a school, the authority shall enter the school in the register. (4) An entry in the register for a school shall include — (a) the name and address of the school, (b) the name of the proprietor of the school, and (c) the information supplied pursuant to section 160(2)(a) to (e).
Propose a change(1) The registration authority may remove a school from the register if— (a) there is a material change in relation to the school, and (b) the change has not been approved under this section or section 167. (2) For the purposes of subsection (1), “material change”, in relation to a school, means— (a) a change of proprietor, (b) a change of address, or (c) a change to the school in respect of any of the matters referred to in section 160(2)(a) to (e). (3) Applications 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. (4) Where an application for approval is made under this section, the registration authority may require the Chief Inspector to— (a) inspect the school, and (b) report to the authority on the extent to which, if the change is made, any relevant standard is likely to continue to be met in relation to the school. (5) In subsection (4), “relevant standard” means any of the independent schools standards specified by the authority for the purposes of that subsection. (6) The registration authority shall, where an application for approval is made under this section— (a) approve the change, if the condition in subsection (7) is satisfied, and (b) in any other case, refuse to approve it. (7) The condition in this subsection is that the authority is satisfied that, taking into account— (a) any report under subsection (4), and (b) any other evidence relating to the independent school standards, those standards will continue to be met in relation to the school.
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Propose a change(1) The registration authority may at any time— (a) require the Chief Inspector... to inspect any registered school..., or to secure its inspection by one or more registered inspectors, or (b) arrange for the inspection of any registered school by a body approved by the registration authority for the purposes of this subsection. (2) The inspection of a school under this section shall relate to— (a) such of the independent school standards as are, at the time of the inspection, specified by the registration authority for the purposes of this section in relation to any category of school into which that school falls, or (b) if the registration authority so determines, such of the independent school standards as the registration authority may specify in relation to that school. (3) A person who conducts an inspection under this section shall— (a) make a report to the registration authority on the extent to which the school meets the standard or standards to which the inspection relates, and (b) if the registration authority so requires, arrange for the publication of the report in the prescribed manner. (4) A report published under subsection (3) is privileged for the purposes of the law of defamation unless the publication is shown to be made with malice (but without prejudice to any privilege subsisting apart from this subsection). (5) In this section and section 164— ... “registered inspector” means a person registered under section 25 of the Education Act 2005.
Propose a change(1) This section applies to the inspection of a school which is conducted by the Chief Inspector... or a registered inspector under section 163(1)(a). (2) If the inspection is conducted by a registered inspector— (a) he may, by agreement with the Chief Inspector..., be assisted by the Chief Inspector ..., and (b) he may be assisted by such one or more persons enrolled in the list kept under paragraph 4 of Schedule 4 to the Education Act 2005 as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below. (3) If the Chief Inspector... so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)— (a) who is without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity, and disregarding any experience which it is reasonable to regard as insignificant), and (b) whose primary function in the inspection is not that of providing financial or business expertise. (4) If the inspection is conducted by a registered inspector, it may be monitored by the Chief Inspector.... (5) The person conducting the inspection, any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection shall have at all reasonable times— (a) a right of entry to the premises of the school, and (b) a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection. (6) Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (5)(b). (7) It is an offence intentionally to obstruct a person in the exercise of his functions in relation to the inspection. (8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (9) The proprietor of the school shall pay the Chief Inspector..., in respect of the inspection, a fee of such amount, and by such time, as may be specified in or determined under regulations. (10) Where the proprietor fails to comply with subsection (9), the registration authority may remove the school from the register. (11) The Chief Inspector... shall pay the amount of any fee received under subsection (9) into the Consolidated Fund. (12) Subsection (11) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief Inspector...).
Propose a change(1) This section applies where, taking into account— (a) a report under section ... 163 in respect of a registered school, or (b) any other evidence in respect of a registered school, the registration authority is satisfied that any one or more of the independent school standards is or are not being met in relation to the school. (2) If the registration authority considers that there is a risk of serious harm to the welfare of pupils at the school, the authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine. (3) Where the registration authority does not make a determination under subsection (2), it shall serve a notice on the proprietor of the school— (a) identifying the standard or standards in question, and (b) requiring the proprietor to submit an action plan to the authority before the date specified in the notice (or such later date as the authority may specify after service of the notice). (4) For the purposes of this section, an action plan is 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) Where an action plan is submitted in accordance with subsection (3) the registration authority may— (a) reject it, or (b) approve it, with or without modifications. (6) Where an action plan is required under subsection (3) but is not submitted in accordance with that subsection, or is so submitted but rejected, the registration authority may— (a) determine that the school is to be removed from the register on such date after the appeal period as the authority may determine, or (b) make an order under subsection (8). (7) Where an action plan has been approved under subsection (5), but any step specified in the plan is not taken by the date specified in the plan (whether as originally approved or as varied under paragraph (a)), the registration authority may— (a) substitute a later date for the taking of that step, (b) make an order under subsection (8), or (c) determine that the school is to be removed from the register on such date after the appeal period as the authority may determine. (8) An order under this subsection is an order requiring the proprietor of the school to do one or more of the following no later than such date after the appeal period as may be specified in the order— (a) to cease using any part of the school premises for all purposes or purposes specified in the order; (b) to close any part of the school’s operation; (c) to cease to admit any new pupils, or new pupils of a description specified in the order. (9) If the proprietor of a school fails to comply with an order under subsection (8)— (a) he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and (b) e registration authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine. (10) Where the proprietor of a school in respect of which an order is made under subsection (8) applies to the registration authority for the order to be varied or revoked, the authority shall— (a) vary or revoke the order as requested in the application, if it 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. (11) The variation or revocation of an order under subsection (10) shall take effect as from the date on which the proprietor of the school is notified of it. (12) Where the registration authority has made a determination under this section to remove a school from the register on a particular date and no appeal is made against the determination under section 166, the authority shall remove the school from the register on that date. (13) For the purposes of this Chapter, the “appeal period” in relation to a determination or order is the period within which an appeal against it may be made under section 166.
Propose a change(1) The proprietor of a registered school may appeal to the First-tier Tribunal against— (a) a refusal under section 162 to approve a material change, (b) a determination under section 165 to remove the school from the register, (c) an order under section 165(8) requiring the taking of specified action, or (d) a refusal under section 165(10) to vary or revoke such an order. (2) An appeal under subsection (1) must be made within the period of 28 days beginning with the day on which notice of the refusal, determination or order is served on the proprietor. (3) Where an appeal is made under subsection (1)(b) against a determination under section 165— (a) if the appeal is withdrawn or otherwise disposed of before it is determined by the tribunal under section 167, the registration authority may remove the school from the register on such date after the appeal period as it may determine, and (b) in any other case the registration authority may only remove the school pursuant to the determination in accordance with section 167. (4) Where an appeal is made under subsection (1)(c) against an order under section 165(8), the order shall not have effect in relation to any time before the appeal is determined by the tribunal under section 167 or withdrawn or otherwise disposed of. (5) In the case of an appeal against a determination under section 165(2), if at any time the tribunal considers that there is a risk of serious harm occurring to the welfare of pupils before the determination of the appeal, it may by order provide that the school is to be regarded as not registered for the purposes of section 159 until the tribunal determines the appeal under section 167 (or revokes the order before so determining the appeal).
Propose a change(1) This section applies where an appeal is made under section 166 to the First-tier Tribunal. (2) In the case of an appeal against a refusal under section 162 to approve a material change, the tribunal may— (a) uphold the refusal to approve, or (b) itself approve the change. (3) In the case of an appeal against a determination under section 165 to remove the school from the register, the tribunal may— (a) uphold the determination, or (b) revoke the determination. (4) Where under subsection (3)(a) the tribunal upholds a determination, the registration authority shall remove the school from the register on such date as the tribunal may specify or, if it does not specify a date, on such date as the registration authority may determine. (5) Where under subsection (3)(b) the tribunal revokes a determination, it may order the proprietor of the school to do one or more of the following by such time as may be specified in the order— (a) to cease using any part of the school premises for all purposes or purposes specified in the order; (b) to close any part of the school’s operation; (c) to cease to admit any new pupils, or new pupils of a description specified in the order. (6) In the case of an appeal against an order under section 165(8) requiring the taking of specified action, the tribunal may— (a) uphold the order, (b) vary the order, or (c) strike down the order. (7) In the case of an appeal against a refusal under section 165(10) to vary or revoke an order under section 165(8), the tribunal may— (a) uphold the refusal, or (b) if in any case it is satisfied that it is appropriate to do so because of any change of circumstance after the making of the order— (i) vary the order in such manner as it thinks fit, or (ii) revoke the order. (8) The tribunal may, on the application of the proprietor of a registered school, vary or revoke any order made by it under subsection (5) in relation to the school where it is satisfied that it is appropriate to do so because of any change of circumstance. (9) If the proprietor of a school fails to comply with an order of the tribunal under subsection (5)— (a) he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and (b) the tribunal may, on the application of the registration authority, authorise the registration authority to remove the school from the register on such date as the tribunal may determine.
Propose a change(1) The appropriate authority may direct that a person— (a) may not take part in the management of an independent school; (b) may take part in the management of an independent school only in circumstances specified in the direction; (c) may take part in the management of an independent school only if conditions specified in the direction are satisfied. (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 school. (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 167B to 167D, “appropriate authority” means— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) ... the registration authority or such other public authority as may be prescribed.
Propose a change(1) A person in respect of whom a direction has been given under section 167A may appeal to the First-tier 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 his having been convicted of an offence; (b) prescribe circumstances in which the Tribunal shall allow an appeal under this section; (c) prescribe the powers available to the Tribunal on allowing an appeal under this section.
Propose a change(1) Where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers may provide to that authority any information relating to a person which is held by the Welsh Ministers in connection with the Welsh Ministers' functions under this Chapter. (2) The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State and which appears to the Secretary of State to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B. (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 167A or by virtue of section 167B. (4) The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B. (5) The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for Wales, the Chief Inspector, the Secretary of State or, where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers, any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A.
Propose a changeWhere the appropriate authority gives a direction under section 167A(1), or varies or revokes any such direction, it must notify— (a) the registration authority (unless the appropriate authority is the registration authority), and (b) the Secretary of State and (if different) the appropriate authority for the purposes of sections 128 to 131 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institutions in England).
Propose a change(1) Regulations may make provision for requiring the proprietor of a registered school to provide the registration authority, when the authority so requests, with such particulars relating to the school as may be prescribed. (2) Regulations under this section may in particular— (a) require the provision of such information as is required for the purposes of determining whether the school is— (i) a children’s home in England (within the meaning of the Care Standards Act 2000), or (ii) a provider of a care home service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016); (b) provide for the registration authority to remove from the register any school 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.
Propose a changeNo proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority.
Propose a change(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, he (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 his functions of management as it applies to a director of a body corporate.
Propose a change(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 and Schedule 3 to the Magistrates' Courts Act 1980 (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, he 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, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
Propose a changeThe registration authority may remove a registered school from the register where it is satisfied that any person who, in relation to the school, carries out any work to which section 142 applies— (a) is carrying out that work in contravention of a direction under that section, or (b) is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (c. 43) (disqualification from working with children). work of a prescribed kind 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.
Propose a change(1) The registration authority must serve on the proprietor of a registered school notice of— (a) any decision made by the authority under section 162 in relation to the school; (b) any determination or order made by the authority under section 165 in relation to the school; (c) any decision made by the authority under subsection (10) of that section in relation to the school. (2) 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 school may be given to or served on him by delivering it to the registered address of the school.
Propose a changeIn this Chapter— “appeal period” has the meaning given by section 165; “Chief Inspector” means— ... ... Her Majesty’s Chief Inspector of Education and Training in Wales; ... “independent school standards” has the meaning given by section 157; “the register” means— ... ... the register of independent schools in Wales; “registered” means entered in the register; ... “registration authority” means the Welsh Ministers.
Propose a changeFor section 463 of the Education Act 1996 (c. 56) (meaning of “independent school”) there is substituted— Meaning of “independent school” 463 (1) In this Act “independent school” means any school at which full-time education is provided for— (a) five or more pupils of compulsory school age, or (b) at least one pupil of that age for whom a statement is maintained under section 324, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989), and which is not a school maintained by a local authority or a special school not so maintained. (2) For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age.
Propose a changeIn section 327 of the Education Act 1996 (c. 56) ( local authority to have access to certain schools to monitor provision made for child with special educational needs), in subsection (1)(b) (schools to which section applies), at the end there is inserted “or at an independent school”.
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Propose a change(1) A local authority shall make arrangements for ensuring that their education functions are exercised with a view to safeguarding and promoting the welfare of children. (2) The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school. (3) The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution. (3A) The proprietor of a 16 to 19 Academy must make arrangements to ensure that the proprietor's functions relating to the conduct of the Academy are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the Academy. (3B) The Secretary of State may not— (a) enter into an agreement with the proprietor of an institution in England for the provision of further education, unless the agreement requires the proprietor to comply with the safeguarding duties, or (b) give financial assistance under section 14 to the proprietor of an institution in England for the provision of further education unless the assistance is given on terms requiring the proprietor to comply with the safeguarding duties, but this subsection does not restrict the Secretary of State's powers to enter into an agreement with, or give financial assistance to, an institution to which subsection (3) or (3A) applies. (3C) “The safeguarding duties” are— (a) a duty to make arrangements to ensure that the proprietor's functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution, and (b) a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required. (4) A person mentioned in any of subsections (1) to (3A) shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales. (5) In this section— “child” means a person under the age of eighteen; “governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13); “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school. “proprietor”, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution.
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Propose a change(1) Section 2 of the Education Act 1996 (c. 56) (definition of primary, secondary and further education) is amended as follows. (2) In subsection (2B) (which extends “secondary education” to include education received partly at a school and partly at another institution)— (a) in paragraph (b), after “another institution” there is inserted “ or any other establishment ”, and (b) after “other institution” there is inserted “ or establishment ”. (3) After subsection (6) there is inserted— (6A) In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training. (4) The Education Acts shall have effect in their application to persons receiving secondary education within section 2(2B) of the Education Act 1996 (c. 56) with such modifications as may be specified in an order under this subsection. (5) The power to make an order under subsection (4) is exercisable— (a) in relation to England, by the Secretary of State, and (b) in relation to Wales, by the National Assembly for Wales.
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Propose a changeFor section 40 of the Education Act 1997 (c. 44) (inspector’s rights of entry etc.) there is substituted— Inspector’s rights of entry etc. 40 (1) This section applies where a local authority are inspected under section 38. (2) The inspector, and any person assisting him, shall have at all reasonable times a right of entry to— (a) the premises of the local authority, (b) the premises of any school maintained by the authority, and (c) any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school. (3) The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of— (a) any records kept by, and any other documents containing information relating to, the local authority or any school maintained by the authority, and (b) any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates; which he considers relevant to the exercise of his functions. (4) Section 42 of the School Inspections Act 1996 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act. (5) Without prejudice to subsections (2) and (3), the local authority and the governing body of any school maintained by the authority— (a) shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and (b) shall secure that all such assistance is also given by persons who work at the school. (6) It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection. (7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (8) In this section— “document” and “records” each include information recorded in any form; and “relevant section 19 education” means education provided to a child by virtue of arrangements made by the local authority under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).
Propose a change(1) Regulations may make provision authorising or requiring the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) to pay an allowance to or in respect of any eligible person who is over compulsory school age, in connection with his undertaking education or training of a prescribed description. (2) The relevant education or training must not be higher education. (3) Regulations may, in particular, make provision— (a) for determining whether a person is an eligible person in relation to any allowance, (b) prescribing information that must be supplied by or on behalf of any person before any allowance can be paid or continue to be paid to or in respect of him, (c) prescribing the period by reference to which any allowance of a periodic nature is to be paid, (d) prescribing the maximum allowance payable to or in respect of any person in respect of any period, (e) prescribing the maximum period during which an allowance may be payable to or in respect of any person, (f) where the amount of an allowance may vary to any extent according to a person’s circumstances, for determining, or providing for the determination by the Secretary of State or the National Assembly for Wales of, the amount required or authorised to be paid to or in respect of him, (g) specifying whether any allowance in respect of any person is to be paid to him, to a parent of his or to any other person, (h) for any allowance under this section to be made available on such terms and conditions as may be prescribed, or determined under the regulations by the Secretary of State or the National Assembly for Wales, including terms and conditions requiring repayments to be made in circumstances so prescribed or determined, (i) requiring the payment of an allowance to be suspended or terminated in any such circumstances, (j) for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with appeals), (k) imposing obligations on the governing body of any maintained school or institution within the further education sector in relation to cases where the school or institution is providing the education or training referred to in subsection (1). (4) In this section and section 182— “governing body”— in relation to a pupil referral unit, means the local authority who maintain the unit, and in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13); “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a pupil referral unit.
Propose a change(1) For the purposes of this section, a “learning agreement” is a document which— (a) specifies conditions which— (i) relate to the attendance or conduct of, or completion of assigned tasks by, a person to whom an allowance is or may become payable (in this section referred to as “the student”), and (ii) are either prescribed by regulations or, if regulations so provide, determined in accordance with any prescribed requirements by the person providing the relevant education or training, (b) contains a declaration by the student relating to compliance with those conditions, and (c) deals with such other matters as may be prescribed. (2) Regulations may require a learning agreement— (a) to be in the prescribed form, and (b) to be signed by the student and by or on behalf of such other persons as may be prescribed. (3) Without prejudice to the generality of section 181(3)(h), regulations may provide— (a) that a person is not eligible to receive an allowance unless the person providing the relevant education or training holds a learning agreement signed by him, and (b) that payment of an allowance is conditional on the person providing the relevant education or training from time to time determining that the student has complied with the learning agreement or has done so to a prescribed extent or in prescribed respects. (4) Regulations may— (a) enable or require a learning agreement to specify targets relating to the attendance, conduct or attainments of the student, and (b) enable or require the Secretary of State or the National Assembly for Wales, in any case where the person providing the relevant education or training determines that targets have been met, to make additional payments of allowance to or in respect of the student. (5) Without prejudice to the generality of section 181(3)(k), regulations may impose obligations relating to learning agreements on— (a) the governing body of a maintained school, or (b) the governing body of an institution within the further education sector. (6) Regulations may contain provision for determining the person by whom any relevant education or training is to be treated for the purposes of this section as being provided. (7) A learning agreement shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort. (8) In this section— “allowance” means an allowance under section 181; “relevant education or training” means the education or training referred to in that section.
Propose a change(1) If the Secretary of State so determines, any function exercisable by him by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in his determination, be exercisable instead by— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (aa) ... ... (b) local authority. (2) If the National Assembly for Wales so determines, any function exercisable by the Assembly by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in the Assembly’s determination, be exercisable instead by— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a local authority. (3) A person or body by whom any function is for the time being exercisable by virtue of subsection (1) or (2) shall comply with any directions given by the Secretary of State, or as the case may be the National Assembly for Wales, as to the exercise of that function. (4) Where any function is so exercisable by a local authority, the function shall be taken to be a function of that authority— (a) for the purposes of section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities), (b) for the purposes of Part 2 of the 2000 Act (arrangements with respect to executives etc.), and (c) subject to the provisions of section 13 of the 2000 Act, for the purposes of section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities). (5) In this section “the 2000 Act” means the Local Government Act 2000 (c. 22).
Propose a change(1) The Secretary of State or the National Assembly for Wales may make arrangements for any person or body specified in the arrangements to exercise on his or its behalf, to such extent as is so specified, any function exercisable by him or the Assembly by virtue of regulations made by virtue of section 181 (including any such function in relation to appeals). (2) Any arrangements made under subsection (1) shall not prevent the Secretary of State, or as the case may be the National Assembly for Wales, from exercising the function in question himself or itself.
Propose a change(1) The Secretary of State or the National Assembly for Wales may make provision for enabling appeals— (a) to be made with respect to such matters arising out of the exercise by virtue of section 183(1) or (2) or 184(1) by any person or body of any function of the Secretary of State or the Assembly as he or it may determine, and (b) to be so made to a person or body appointed for the purpose by the Secretary of State or the Assembly. (2) The Secretary of State or the National Assembly for Wales may pay to any body or person by whom any function of his, or as the case may be of the Assembly, is exercisable by virtue of section 183(1) or (2) or 184(1)— (a) such amounts as the Secretary of State or the Assembly considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person— (i) in paying allowances under section 181, or (ii) by way of administrative expenses, in, or in connection with, the exercise of that function; (b) in a case where the function is exercisable by virtue of section 184(1), such remuneration as the Secretary of State or the Assembly may determine. (3) Any payment under subsection (2)(a) may be made subject to such terms and conditions as the Secretary of State or the National Assembly for Wales may determine; and any such conditions may in particular— (a) require the provision of returns or other information before any such payment is made; (b) relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid. (4) The Secretary of State or the National Assembly for Wales may pay to any person or body appointed by him or it under subsection (1) such remuneration or administrative expenses (or both) as he or it may determine. (5) In relation to any function which, by virtue of section 183(1) or (2) or 184(1) is exercisable to a specified extent, references in section 183(3) and (4) and this section to the exercise of that function are accordingly to its exercise to that extent.
Propose a change(1) Regulations may make provision for— (a) the repayment by the Secretary of State of amounts payable in respect of loans mentioned in paragraph (a), (b) or (c) of subsection (2); (b) reducing or extinguishing the amounts payable in respect of loans mentioned in paragraph (a) or (b) of subsection (2). (2) The loans are— (a) loans received under arrangements made under section 1 of the Education (Student Loans) Act 1990 (c. 6) by eligible persons who fulfil prescribed conditions; (b) loans received under arrangements made under section 22 of the Teaching and Higher Education Act 1998 (c. 30) by eligible persons who fulfil prescribed conditions; (c) loans received for educational purposes under such other arrangements as may be prescribed by the regulations, including arrangements made outside England and Wales, by eligible persons who fulfil prescribed conditions. (3) The regulations may, in particular, make provision— (a) for determining whether a person is eligible for the purposes of the regulations; (b) prescribing the circumstances and manner in which, and the times at which, payments are to be made, or amounts are to be reduced or extinguished; (c) allowing retrospective adjustments for the purposes of the regulations, including provision allowing the Secretary of State to require reimbursement of repayments, or to alter the amounts reduced or extinguished; (d) for imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to information to be given to the Secretary of State; (e) for the reimbursement by the Secretary of State of costs incurred by persons or bodies in complying with any such requirements; (f) for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of the procedure to be followed in connection with the appeals). (4) The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of the regulations (including any such function in relation to appeals). (5) Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself. (6) The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (4) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body in, or in connection with, the exercise of that function. (7) Any payment under subsection (6) may be made subject to such terms and conditions as the Secretary of State may determine. (8) Such conditions may in particular— (a) require the provision of returns or other information before any such payment is made; (b) relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid. (9) In this section— “prescribed” means prescribed by regulations; “regulations” means regulations made under this section by the Secretary of State.
Propose a change