Education and Skills Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Education and Skills Bill

Education and Skills Bill
Part 3 — Adult skills
46

(2)
A person commits an offence if—
(a)
the person discloses the information to another otherwise than for the
purposes of that section, and
(b)
the information relates to a person whose identity is specified in or can
be deduced from the disclosure.
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(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.
10
(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 12
months or to a fine not exceeding the statutory maximum or to both.
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(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 12 months is to be read as a reference to 6
months in relation to an offence committed in England and Wales before the
commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (short
20
sentences).
75
Information: supplementary
(1)
This section applies for the purposes of sections 71 to 74.
(2)
Nothing in these sections affects the use or disclosure of information by virtue
of—
25
(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.
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(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)
A reference to training or education does not include a reference to higher
35
education (within the meaning of the Education Reform Act 1988 (c. 40) or
section 38 of the Further and Higher Education (Scotland) Act 1992 (c. 37)).

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
47

Part 4
Regulation and inspection of independent educational provision in England
Chapter 1
Independent educational institutions in England
Introductory
5
76
Independent educational institutions
(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—
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(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
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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
20
(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
25
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;
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(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.
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77
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).
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Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
48

Standards
78
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
5
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;
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(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;
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(g)
the manner in which independent educational institutions handle
complaints;
(h)
the quality of the leadership in and management of independent
educational institutions.
(2)
A standard may be prescribed in relation to—
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(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.
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(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
30
(b)
in relation to early years provision for children who have attained the
age of three, the Early Years Foundation Stage (see section 39 of the
Childcare Act 2006).
Requirement of registration
79
The register
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(1)
The Chief Inspector 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 Chief Inspector must publish the register in such manner, and at such
40
times, as the Chief Inspector considers appropriate.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
49

80
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.
5
(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, for “51 weeks” in subsection (3) substitute “six
10
months”.
81
Unregistered independent educational institutions: inspection
(1)
Where the Chief Inspector has reasonable cause to believe that an offence
under section 80 is being committed on any premises, the Chief Inspector may
at any reasonable time—
15
(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
20
relation to the inspection of records or other documents under this section.
(3)
It is an offence intentionally to obstruct a person in the exercise of the person’s
functions in relation to the inspection.
(4)
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.
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Registration procedure
82
Applications for registration
(1)
The proprietor of an independent educational institution may apply to the
Chief Inspector for the institution to be entered on the register.
(2)
An application to enter an institution in the register must—
30
(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—
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(i)
an independent school, or
(ii)
an institution within section 76(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;
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(e)
whether the institution provides accommodation for students;

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
50

(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.
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83
Determination of applications for registration
(1)
Where the proprietor of an institution makes an application for registration
under section 82, the Chief Inspector must inspect the institution.
(2)
The Chief Inspector must prepare a report on the extent to which it appears
from the inspection that the independent educational institution standards are
10
likely to be met in relation to the institution once it becomes a registered
independent educational institution.
(3)
The Chief Inspector must then decide, taking into account—
(a)
the findings on the inspection, and
(b)
any other evidence relating to the independent educational institution
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standards,

whether those standards are likely to be met in relation to the institution once
it becomes a registered independent educational institution.
(4)
The Chief Inspector must notify the proprietor of the institution of the decision
made under subsection (3).
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(5)
If the Chief Inspector decides under subsection (3) 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 Chief Inspector must enter the institution in the register.
(6)
An entry in the register for an independent educational institution must
25
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 82(3)(a) to (g).
84
Institutions no longer required to register: power to deregister
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(1)
If the Chief Inspector—
(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
35
following twelve months,

the Chief Inspector may remove the institution from the register.
(2)
The Chief Inspector must notify the proprietor of an institution of any decision
to remove it from the register under this section.
(3)
The Chief Inspector’s decision does not have effect during the period in
40
which—
(a)
an appeal may be brought under section 109 against the decision, or
(b)
where such an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.