Law

Education and Skills Act 2008

United Kingdom · statute

Ask the law about this More laws of United Kingdom For machines: Markdown

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.

sha256 f38511f1a495a8d10384c47ea3034719d379876b429c3b5eb43f76421bb9d14f

Contents: 127 provisions

Proposed changes to this act

No one has proposed a change to this act yet.

127 provisions

86 Learning aims for persons aged 19 and over

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

Propose a change

87 Benefit and training information

(1) Information within subsection (2) or (3) may be— (a) used in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, or (b) disclosed to a person for use in connection with the exercise of an assessment function of the Secretary of State or a devolved authority. (2) Information is within this subsection if— (a) it is about an individual ..., and (b) it is held by the Secretary of State for the purposes of any function of the Secretary of State relating to social security. (3) Information is within this subsection if— (a) it is about an individual ..., (b) it is held by the Secretary of State or a devolved authority, and (c) it relates to any training or course of education undertaken by the individual .... (4) For the purposes of this section and sections 88 to 90, “assessment function” means any of the following functions— (a) evaluating the effectiveness of training or education ...; (b) assessing policy in relation to the provision of ... training or education; (c) assessing policy in relation to social security or employment as it affects the provision of or participation in ... training or education.

Propose a change

88 Revenue and Customs information

(1) The Commissioners for Her Majesty's Revenue and Customs may disclose information relating to income tax or tax credits to a person for use in connection with the exercise of an assessment function of the Secretary of State or a devolved authority. (2) The reference in subsection (1) to the Commissioners for Her Majesty's Revenue and Customs includes a reference to a person authorised by the Commissioners.

Propose a change

89 Use of information

(1) Information disclosed to a person in reliance on section 87(1)(b) or 88 may be used by that person only in connection with the exercise of an assessment function of the Secretary of State or a devolved authority. (2) Subsection (3) applies where information about an individual is used in connection with the exercise of an assessment function of the Secretary of State or a devolved authority— (a) in reliance on section 87(1)(a), or (b) under subsection (1) above. (3) So far as is reasonably practicable, the information must not be used in such a way that the identity of the individual is disclosed to, or capable of being discovered by, a person carrying out an evaluation or assessment of a kind mentioned in section 87(4)(a) to (c).

Propose a change

90 Wrongful onward disclosure of information

(1) This section applies to information— (a) used in reliance on section 87(1)(a), or (b) disclosed in reliance on section 87(1)(b) or 88. (2) A person commits an offence if— (a) the person discloses the information to another otherwise than in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, and (b) the information relates to a person whose identity is specified in or can be deduced from the disclosure. (3) It is a defence to prove that a person charged with the offence reasonably believed— (a) that the disclosure was lawful, or (b) that the information had already and lawfully been made available to the public. (4) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both; (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both. (5) A prosecution for an offence under this section may be instituted in England and Wales only with the consent of the Director of Public Prosecutions. (6) In subsection (4)(b), the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months in relation to an offence committed in England and Wales before 2 May 2022.

Propose a change

91 Information: supplementary

(1) This section applies for the purposes of sections 87 to 90. (2) Nothing in these sections affects the use or disclosure of information by virtue of— (a) section 3 of the Social Security Act 1998 (c. 14); (b) any other enactment or rule of law. (3) These are the devolved authorities— (a) the Scottish Ministers; (b) the Welsh Ministers. (c) the Commission for Tertiary Education and Research. (4) A reference to the Secretary of State includes a reference to a person providing services to the Secretary of State. (5) A reference to a devolved authority includes a reference to a person providing services to the authority. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

92 Independent educational institutions Independent educational institutions in England

(1) For the purposes of this Chapter, “an independent educational institution” means— (a) an independent school, or (b) an institution other than an independent school which— (i) provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and (ii) would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time. (2) For the purposes of this section, an institution provides “part-time” education for a person if it provides education for the person— (a) for at least 12.5 hours a week, for at least 28 weeks, during an academic year at the end of which the person is under the age of 12, or (b) for at least 15 hours a week, for at least 28 weeks, during an academic year at the end of which the person is aged 12 or over, which does not amount to full-time education. (3) Regulations may— (a) provide that a specified institution or an institution of a specified description is not an independent educational institution by virtue of subsection (1)(b); (b) provide that time spent on a specified activity or on an activity of a specified description is or is not to be treated as time during which education is being provided for the purposes of this section; (c) amend subsection (2)(a) or (b) so as to substitute a different number of weeks for the number of weeks for the time being mentioned there. (4) In this section— “an academic year” means a period of 12 months ending with 31 August; “specified” means specified in regulations under this section. (1) The following are independent educational institutions for the purposes of this Chapter— (a) independent schools in England; (b) institutions in England, other than independent schools and excepted institutions, that provide full-time education for— (i) at least five children of compulsory school age, or (ii) at least one child of compulsory school age who is looked after by a local authority or has special educational needs. (2) The following subsections apply for the purposes of subsection (1)(b) (and see section 138(1A) for provision about the meaning of an institution providing education). (3) Regulations may— (a) specify that an amount of time is or is not to be treated as “full-time” by reference to a number of hours in, or a proportion of, a week or other period, or in any other way; (b) provide that time spent on a specified activity or on an activity of a specified description is or is not to be treated as time during which education is being provided; (c) amend subsection (4) so as to add, remove or amend factors; (d) amend this section so as to add, remove or amend provision about the interpretation of the factors in subsection (4). (4) If, or to the extent that, the question of whether an institution provides full-time education for a child is not determined by regulations under subsection (3)(a) or (b), the factors relevant to determining that question include— (a) the number of hours per week that— (i) education is provided to children by the institution; (ii) activities incidental to that education (such as breaks and independent study time) are provided; (b) the number of weeks in an academic year that education is provided; (c) the time of day that education is provided. (5) An academic year means a period of 12 months ending with 31 August. (6) A child has special educational needs if an EHC plan or an individual development plan is maintained for the child (see section 579(1) of the Education Act 1996 for the meaning of “EHC plan” and “individual development plan”). (7) A reference to a child who is looked after by a local authority is to be read— (a) in relation to a local authority in England, in accordance with section 22 of the Children Act 1989; (b) in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014 (anaw 4). (8) The following are excepted institutions— (a) an institution that provides only early years provision; (b) a school maintained by a local authority; (c) a school approved under section 342 of the Education Act 1996 (approval of non-maintained special schools); (d) a 16 to 19 Academy; (e) an institution that is within the further education sector or the wider higher education sector; (f) a secure college, secure training centre or young offender institution; (g) an institution of a description specified in regulations. (9) For provision regulating independent schools in Wales, see Chapter 1 of Part 10 of the Education Act 2002.

Propose a change

93 Application of Chapter to institutions in England only

(1) References in this Chapter to an independent educational institution are to an independent educational institution in England. (2) For provision regulating independent schools in Wales, see Chapter 1 of Part 10 of the Education Act 2002 (c. 32).

Propose a change

93A Application of Chapter to alternative provision Academies that are not independent educational institutions

(1) This Chapter applies to alternative provision Academies that are not independent educational institutions as it applies to independent educational institutions. (2) Accordingly, references in this Chapter (except in sections 95(2) and 140(1)) to independent educational institutions are to be read as including references to alternative provision Academies that are not independent educational institutions.

Propose a change

94 Independent educational institution standards

(1) The Secretary of State must by regulations prescribe standards for the purposes of this Chapter about the following matters— (a) the quality of education provided at independent educational institutions; (b) the spiritual, moral, social and cultural development of students at independent educational institutions; (c) the welfare, health and safety of students at independent educational institutions; (d) the suitability of proprietors of and staff at independent educational institutions; (e) the premises of and accommodation at independent educational institutions; (f) the provision of information by independent educational institutions; (g) the manner in which independent educational institutions handle complaints; (h) the quality of the leadership in and management of independent educational institutions. (1A) A standard within subsection (1)(d) in relation to a proprietor may be prescribed by reference— (a) in the case of a proprietor which is a body of persons— (i) to whether persons having general control and management of, or legal responsibility and accountability for, the proprietor are, in the opinion of the Secretary of State, fit and proper persons to be involved in the running of an independent educational institution; (ii) to whether the Secretary of State is notified before a new person becomes involved in the general control and management of, or assumes legal responsibility and accountability for, the proprietor; (b) in the case of a proprietor which is an individual, to whether that individual is, in the opinion of the Secretary of State, a fit and proper person to be involved in the running of an independent educational institution. (2) A standard may be prescribed in relation to— (a) all independent educational institutions, (b) specified independent educational institutions, or (c) independent educational institutions of a specified description. (3) In subsection (2) “specified” means specified in regulations made under this section. (3A) A standard may be prescribed by reference to whether or not the proprietor of an independent educational institution has regard to guidance issued, or a document published, by the Secretary of State from time to time. (3B) Standards prescribed by virtue of subsection (1)(c) must include standards that have the effect of imposing— (a) a requirement to secure that an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) is in place at independent educational institutions, (b) requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and (c) requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations), and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act. (4) The standards do not apply to early years provision for children who have not attained the age of three (separate requirements as to such provision being imposed by or under Part 3 of the Childcare Act 2006 (c. 21)). (5) In this Chapter “independent educational institution standards” means— (a) the standards for the time being prescribed under this section, and (b) in relation to early years provision for children who have attained the age of two, the Early Years Foundation Stage (see section 39 of the Childcare Act 2006).

Propose a change

95 The register

(1) The Secretary of State must keep a register of independent educational institutions. (2) The register is to be known as “the register of independent educational institutions in England”. (3) The Secretary of State must publish the register in such manner, and at such times, as the Secretary of State considers appropriate.

Propose a change

96 Unregistered independent educational institutions: offence

(1) A person must not conduct an independent educational institution unless it is registered. (2) A person who conducts an independent educational institution in contravention of subsection (1) is guilty of an offence. (3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both). (4) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (3) substitute “ six months ”.

Propose a change

97 Unregistered independent educational institutions: inspection

(1) Where the Chief Inspector has reasonable cause to believe that an offence under section 96 is being committed on any premises, the Chief Inspector may at any reasonable time— (a) enter and inspect the premises, and (b) inspect and take copies of any records or other documents which the Chief Inspector has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence. (2) Section 58 of the Education Act 2005 (c. 18) (computer records) applies in relation to the inspection of records or other documents under this section. (3) This section does not confer power to inspect or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material etc). (4) It is an offence intentionally to obstruct a person in the exercise of the person's functions in relation to the inspection. (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Propose a change

98 Applications for registration

(1) The proprietor of an independent educational institution may apply to the Secretary of State for the institution to be entered on the register. (2) An application to enter an institution in the register must— (a) contain the prescribed information, and (b) be made in the prescribed manner. (3) The information prescribed under subsection (2)(a) must include information as to the following matters relating to the institution— (a) whether the institution is— (i) an independent school, or (ii) an institution within section 92(1)(b); (b) the age range of students; (c) the maximum number of students; (d) whether the institution is for male or female students or both; (e) whether the institution provides accommodation for students; (f) whether the institution is specially organised to make special educational provision for students with special educational needs; (g) in the case of an institution within paragraph (f), the type or types of special educational needs for which the institution is specially organised to make special educational provision. (4) The Secretary of State must notify the Chief Inspector of an application under this section.

Propose a change

99 Determination of applications for registration

(1) Where the Chief Inspector is notified under section 98(4) that an institution has applied to be entered on the register, the Chief Inspector must— (a) inspect the institution, and (b) make a report to the Secretary of State on the extent to which the independent educational institution standards are likely to be met in relation to the institution once it becomes a registered independent educational institution. (2) The Secretary of State must then decide, taking into account— (a) the report of the Chief Inspector, and (b) any other evidence relating to the independent educational institution standards, whether those standards are likely to be met in relation to the institution once it becomes a registered independent educational institution. (3) The Secretary of State must notify the proprietor of the institution of the decision made under subsection (2). (4) If the Secretary of State decides under subsection (2) that the independent educational institution standards are likely to be met in relation to the institution once it becomes a registered independent educational institution, the Secretary of State must enter the institution in the register. (5) An entry in the register for an independent educational institution must include— (a) the name and address of the institution, (b) the name of the proprietor of the institution, and (c) the information supplied pursuant to section 98(3)(a) to (g).

Propose a change

99A Inspections on appeal against decision not to register

(1) Where an appeal is brought under section 125(1)(a) against a decision under section 99(2) (standards not likely to be met on registration), the Secretary of State may direct the Chief Inspector to— (a) inspect the institution which is the subject of the appeal, and (b) make a report to the Secretary of State on the extent to which any relevant standard is likely to be met in relation to the institution once it becomes a registered independent educational institution. (2) In this section “any relevant standard” means any independent educational institution standard that is— (a) specified in the direction by the Secretary of State for the purposes of the inspection, or (b) considered to be relevant by the Chief Inspector in the circumstances of the case.

Propose a change

100 Institutions no longer required to register: power to deregister

(1) If the Secretary of State— (a) has reasonable cause to believe that a registered institution has ceased to be an independent educational institution, and (b) does not have reasonable cause to believe that the institution will become an independent educational institution again within the following twelve months, the Secretary of State may remove the institution from the register. (1A) The Secretary of State may also remove a registered institution from the register if the proprietor of the institution requests, or agrees to, its removal in writing. (2) The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section. (3) A decision by the Secretary of State under subsection (1) 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.

Propose a change

106 Independent inspectorates

(1) The Secretary of State may— (a) approve a body or bodies to carry out inspections of registered independent educational institutions; (b) withdraw approval previously given under paragraph (a). (2) The Secretary of State may approve a body in relation to— (a) specified registered independent educational institutions, or (b) registered independent educational institutions of a specified description. In this subsection “specified” means specified by the Secretary of State. (3) The power in subsection (2)(b) to specify a description of independent educational institution includes power to specify a description by reference to membership of a body. (4) The Secretary of State may by regulations specify matters that must be taken into account in deciding to approve or withdraw approval from a body under this section. (5) In this Chapter, “an independent inspectorate” means a body approved under this section.

Propose a change

107 Quality assurance of independent inspectorates

(1) The Secretary of State may require the Chief Inspector to prepare and send to the Secretary of State a report about— (a) a particular independent inspectorate, or (b) independent inspectorates generally or of a particular description. (2) In preparing a report under this section the Chief Inspector must have regard to such matters as the Secretary of State may direct. (3) The Secretary of State may in particular give directions about— (a) matters to be taken into account in preparing a report, and (b) the form and contents of a report.

Propose a change

107A Information sharing between the Chief Inspector and independent inspectorates

(1) The Chief Inspector may disclose information to an independent inspectorate for the purpose of enabling or facilitating the inspection by the inspectorate of registered independent educational institutions. (2) A disclosure of information under this section made for the purpose of safeguarding or promoting the welfare of students at a registered independent educational institution does not breach— (a) any obligation of confidence owed by the Chief Inspector, or (b) any other restriction on the disclosure of information (however imposed).

Propose a change

108 Duty to inspect certain registered institutions at prescribed intervals

(1) The Chief Inspector must— (a) inspect each independent educational institution to which this section applies at such intervals as may be prescribed, and (b) make a report to the Secretary of State, in relation to each inspection, on the extent to which any relevant standard is being met, and is likely to continue to be met, in relation to the institution. (2) In this section “any relevant standard”, in relation to an inspection, means any independent educational institution standard that is— (a) specified by the Secretary of State for the purposes of the inspection, or (b) considered to be relevant by the Chief Inspector in the circumstances of the case. (3) This section does not require the Chief Inspector to carry out an inspection or make a report if the Chief Inspector has been notified by the Secretary of State that the institution is to be inspected instead by an independent inspectorate. (4) An interval may be prescribed under subsection (1) by reference to the time of an inspection carried out— (a) by the Chief Inspector in compliance with subsection (1), or (b) by an independent inspectorate as mentioned in subsection (3). (5) This section applies to any registered independent educational institution that is not— (a) an Academy, (b) a city technology college, or (c) a city college for the technology of the arts.

Propose a change

109 Duty to inspect registered institution on direction of Secretary of State

(1) The Secretary of State may at any time direct the Chief Inspector to inspect a registered independent educational institution specified in the direction. (2) Where such a direction is made the Chief Inspector must— (a) inspect the institution, and (b) make a report to the Secretary of State on the extent to which any relevant standard is being met in relation to the institution. (3) The Secretary of State may at any time arrange for an independent inspectorate— (a) to inspect a registered independent educational institution in relation to which it is approved under section 106, and (b) to make a report to the Secretary of State on the extent to which any relevant standard is being met in relation to the institution. (4) In this section “any relevant standard” means any independent educational institution standard that is— (a) specified by the Secretary of State for the purposes of the inspection, or (b) considered to be relevant by the person carrying out the inspection in the circumstances of the case.

Propose a change

110 Inspections under this Chapter: power of entry etc

(1) This section applies to any inspection of a registered independent educational institution that is carried out by the Chief Inspector under this Chapter. (2) The Chief Inspector has at all reasonable times— (a) a right of entry to the premises of the institution for the purposes of the inspection, and (b) a right to inspect and take copies of any records kept by the institution and any other documents containing information relating to the institution that are required for the purposes of the inspection. (3) Section 58 of the Education Act 2005 (c. 18) (computer records) applies in relation to the inspection of records or other documents under subsection (2)(b). (4) This section does not confer power to inspect or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material etc). (5) It is an offence intentionally to obstruct a person in the exercise of the person's functions in relation to the inspection. (6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Propose a change

111 Fees for inspections by Chief Inspector under this Chapter

(1) Regulations may require the proprietor of an institution to which this section applies to pay to the Chief Inspector a fee in respect of an inspection of the institution carried out by the Chief Inspector under this Chapter. (2) Regulations under this section must make provision for determining— (a) the amount of any fee, and (b) the time at which it must be paid. (3) Regulations under this section may make provision— (a) for determining the amount of a fee by reference to circumstances obtaining at a time before the inspection to which it relates takes place; (b) requiring two or more fees to be paid in respect of an inspection under section 108 (inspections at prescribed intervals); (c) requiring a fee to be paid at a time before the inspection to which it relates takes place; (d) prescribing circumstances in which the amount of a fee may be varied or a fee may be waived; (e) conferring a discretion on the Secretary of State. (4) The power in subsection (3)(c)— (a) does not include power to make provision requiring a fee in respect of an inspection under section 108 to be paid at any time at which an independent inspectorate is approved in relation to the institution; (b) includes power to make provision as to circumstances in which a fee is not to be refunded (and any requirement to pay a fee is to be unaffected) if the inspection to which it relates does not take place. (5) Without prejudice to section 166(6), regulations under this section may make different provision— (a) for inspections of different descriptions of institution, or (b) for inspections carried out for different purposes or in different circumstances. (6) This section applies to any independent educational institution that is registered, or is the subject of an application to be registered, other than — (a) an Academy, (b) a city technology college, or (c) a city college for the technology of the arts.

Propose a change

112 Failure to pay fees

(1) Where the proprietor of an institution fails to pay a fee in accordance with regulations under section 111, the Secretary of State may remove the institution from the register. (2) The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section. (3) The Secretary of State's decision does not have effect during the period in which— (a) an appeal may be brought under section 124 against the decision, or (b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Propose a change

113 Publication of inspection reports

(1) The Chief Inspector must comply with a direction given by the Secretary of State to publish the report of any inspection carried out by the Chief Inspector under this Chapter. (2) A report published by virtue of this section must be published in the prescribed manner.

Propose a change

114 Action plans

(1) This section applies to a registered independent educational institution if the Secretary of State is satisfied, taking into account relevant evidence, that one or more of the independent educational institution standards is or are not being met in relation to the institution. (2) In subsection (1) “relevant evidence” means— (a) the report of an inspection carried out by the Chief Inspector or an independent inspectorate, or (b) any other evidence in respect of the institution. (3) The Secretary of State may require the proprietor of a registered independent educational institution to which this section applies to submit an action plan to the Secretary of State for approval. (4) In this Chapter “an action plan” means a plan specifying— (a) the steps that will be taken to meet a standard or standards, and (b) the time by which each step will be taken. (5) Any requirement imposed under this section to submit an action plan must be imposed by serving a notice on the proprietor of the institution in question— (a) identifying the standard or standards that the Secretary of State is satisfied is or are not being met in relation to the institution, and (b) specifying a date by which the action plan must be submitted. (6) Where an action plan is submitted in pursuance of a requirement imposed under this section (whether or not by the date specified in the notice), the Secretary of State may— (a) approve it, with or without modifications, or (b) reject it. (7) Where the Secretary of State rejects an action plan, the Secretary of State may impose a further requirement under this section to submit an action plan. (8) An action plan that has been approved may be varied at any time by the proprietor of the institution in question with the agreement of the Secretary of State.

Propose a change

115 Power of Secretary of State to take enforcement action

(1) This section applies to a registered independent educational institution if the Secretary of State is satisfied, taking into account relevant evidence, that one or more of the independent educational institution standards is or are not being met in relation to the institution. (2) In subsection (1) “relevant evidence” means— (a) the report of an inspection carried out by the Chief Inspector or an independent inspectorate, or (b) any other evidence in respect of the institution. (3) The Secretary of State may take enforcement action under section 116 against the proprietor of a registered independent educational institution to which this section applies if either of the following conditions is met. (4) The first condition is that— (a) the Secretary of State has, during the period of three years before the enforcement action is taken, required the proprietor of the institution to submit one or more action plans under section 114, and (b) any action plan required as mentioned in paragraph (a)— (i) has not been submitted, and the date specified by the Secretary of State under section 114(5)(b) has passed, (ii) was submitted but was rejected, or (iii) was approved but was subsequently not complied with. (5) The second condition is that— (a) at least two years before the enforcement action is taken the Secretary of State required the proprietor of the institution to submit an action plan, (b) at least one inspection of the institution has been carried out, by the Chief Inspector or an independent inspectorate approved under section 106 in relation to the institution, since that requirement was imposed, and (c) the Secretary of State has not at any time since that requirement was imposed been satisfied that the institution was meeting all of the independent educational institution standards.

Propose a change

116 Enforcement action available to Secretary of State

(1) Where the Secretary of State is entitled under section 115(3) to take enforcement action against the proprietor of an institution, the Secretary of State may— (a) impose a relevant restriction on the proprietor, or (b) remove the institution from the register. (2) The Secretary of State must notify the proprietor of the institution in question of any decision to take enforcement action under subsection (1). (3) A decision to take enforcement action under subsection (1) does not have effect during the period in which— (a) an appeal may be brought under section 124 or 125 against the decision, or (b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Propose a change

117 “Relevant restriction”

(1) In this Chapter a “relevant restriction” imposed on the proprietor of a registered independent educational institution is a requirement that the proprietor take one or more of the following steps by a specified time or by specified times— (a) to cease to use any part of the institution's premises for all purposes or specified purposes; (b) to close any part of the institution's operation; (c) to cease to admit any new students or new students of specified descriptions. (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.

Propose a change

118 Relevant restriction imposed by Secretary of State: supplementary

(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.

Propose a change

119 Unsuitable persons

(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.

Propose a change

120 Application to justice of the peace for order

(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.

Propose a change

121 Relevant restriction imposed by justice of the peace: supplementary

(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 ”.

Propose a change

122 Order of justice of the peace: notification

(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.

Propose a change

123 Provision of information by proprietors

(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.

Propose a change

124 Appeal by proprietor against decision of Secretary of State to deregister

(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(1) (no longer required to register), (b) under section 105 (unapproved material change), (c) under section 112 (failure to pay fees), (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.

Propose a change

125 Appeal by proprietor against other decisions of Secretary of State

(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), (c) section 116(1)(a) (imposition of relevant restriction on proprietor), or (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.

Propose a change

126 Appeal by proprietor against order of justice of the peace

(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 (c) direct that the order is to cease to have effect and make an order— (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.

Propose a change

127 Relevant restriction imposed by Tribunal: supplementary

(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.

Propose a change

← Find another law