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 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
51

Approval of material changes to registered details
85
“Material change”
(1)
This section defines “a material change” in relation to an independent
educational institution for the purposes of this Chapter.
(2)
In relation to an institution other than a special institution, “a material change”
5
means a change in respect of any matter referred to in section 82(3)(e) or (f).
(3)
In relation to a special institution, “a material change” means—
(a)
a change of proprietor,
(b)
a change of address, or
(c)
a change in respect of any matter referred to in section 82(3)(a) to (g).
10
(4)
In this section “a special institution” means an independent educational
institution that is specially organised to make special educational provision for
students with special educational needs.
86
Requirement to apply for approval for material change
(1)
Where the proprietor of a registered independent educational institution is
15
aware that a material change is to be made in relation to the institution, the
proprietor must make an application to the Chief Inspector for approval of the
change.
(2)
An application 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
20
new proprietor.
87
Inspection and report where applications made for approval
(1)
Where an application for approval of a material change is made under section
86, the Chief Inspector may inspect the institution.
(2)
If the Chief Inspector inspects an institution under this section, the Chief
25
Inspector must prepare a report on the extent to which it appears from the
inspection that any relevant standard is likely to continue to be met in relation
to the institution if the change is made.
(3)
In subsection (2) “any relevant standard” means any independent educational
institution standard considered to be relevant by the Chief Inspector in the
30
circumstances of the case.
88
Determination of applications for approval
(1)
Where an application for approval of a material change is made under section
86, the Chief Inspector must—
(a)
approve the change, if satisfied that the independent educational
35
institution standards are likely to continue to be met in relation to the
institution if the change is made;
(b)
in any other case refuse to approve it.
(2)
In coming to a decision under subsection (1) the Chief Inspector must take into
account—
40
(a)
the findings on any inspection carried out under section 87, and

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
52

(b)
any other evidence relating to the independent educational institution
standards.
(3)
The Chief Inspector must notify the proprietor of the institution of any decision
under subsection (1).
(4)
A decision under subsection (1) to refuse to approve a material change does not
5
have effect during the period in which—
(a)
an appeal may be brought under section 110 against the decision, or
(b)
where such an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.
89
Power to deregister institution that makes unapproved material change
10
(1)
The Chief Inspector may remove an independent educational institution from
the register if—
(a)
there has been a material change in relation to the institution,
(b)
the change has not been approved under this Chapter, and
(c)
either—
15
(i)
no application has been made under section 86 for approval of
the change, or
(ii)
such an application has been made but has been refused.
(2)
The Chief Inspector must notify the proprietor of an institution of any decision
to remove it from the register under this section.
20
(3)
The Chief Inspector’s decision does not have effect during the period in
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.
25
Independent inspectorates
90
Independent inspectorates
(1)
The Secretary of State may—
(a)
approve a body or bodies to carry out inspections of registered
independent educational institutions;
30
(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.
35

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
40
into account in deciding to approve or withdraw approval from a body under
this section.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
53

(5)
In this Chapter, “an independent inspectorate” means a body approved under
this section.
91
Quality assurance of independent inspectorates
(1)
The Chief Inspector must, at intervals of no more than a year, prepare and send
to the Secretary of State a report about independent inspectorates.
5
(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.
10
Inspections and reports
92
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
15
(b)
prepare a report on the extent to which the independent educational
institution standards are met, and are likely to continue to be met, in
relation to the institution.
(2)
This section does not require the Chief Inspector to carry out an inspection or
prepare a report if, by the relevant time—
20
(a)
the institution has been inspected by an independent inspectorate that
is approved under section 90 in relation to the institution, and
(b)
the inspectorate has prepared and sent to the Chief Inspector a report
on the extent to which the independent educational institution
standards are met, and are likely to continue to be met, in relation to the
25
institution.
(3)
In subsection (2) “the relevant time” means—
(a)
the time at which, apart from subsection (2), the Chief Inspector would
have been required to inspect the institution under this section, or
(b)
the end of such period after that time as may be prescribed.
30
(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 (2).
(5)
This section applies to any registered independent educational institution that
35
is not—
(a)
an Academy,
(b)
a city technology college, or
(c)
a city college for the technology of the arts.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
54

93
Duty to inspect registered institution on direction of Secretary of State
(1)
The Secretary of State may 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
5
(b)
make a report to the Secretary of State on the extent to which any
relevant standard is being met.
(3)
In this section “any relevant standard” means any independent educational
institution standard specified by the Secretary of State in the direction.
94
Power to inspect registered institution
10
(1)
The Chief Inspector may at any time inspect a registered independent
educational institution.
(2)
On an inspection under this section, the Chief Inspector must prepare a report
on the extent to which it appears from the inspection that any relevant
standard is being met, and is likely to continue to be met, in relation to the
15
institution.
(3)
The Chief Inspector 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 90, and
20
(b)
to prepare a report on the extent to which it appears from the inspection
that any relevant standard is being met, and is likely to continue to be
met, in relation to the institution.
(4)
In this section “any relevant standard” means any independent educational
institution standard that is—
25
(a)
in the case of an inspection by the Chief Inspector, considered to be
relevant by the Chief Inspector in the circumstances of the case, or
(b)
in the case of an inspection by an independent inspectorate, specified
by the Chief Inspector for the purposes of the inspection.
(5)
The Chief Inspector may specify a standard for the purposes of—
30
(a)
a particular inspection, or
(b)
inspections of institutions of a particular description.
95
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.
35
(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
40
institution that are required for the purposes of the inspection.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
55

(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)
It is an offence intentionally to obstruct a person in the exercise of the person’s
functions in relation to the inspection.
5
(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
96
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
10
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 or times at which it must be paid.
(3)
Regulations under this section may make different provision for different cases
15
including in particular—
(a)
different provision for inspections carried out for different purposes;
(b)
different provision for inspections carried out for the same purpose but
in different circumstances.
(4)
Regulations under this section may prescribe circumstances in which—
20
(a)
the amount of a fee may be varied in accordance with the regulations;
(b)
a fee payable under the regulations may be waived.
(5)
This section applies to any registered independent educational institution that
is not—
(a)
an Academy,
25
(b)
a city technology college, or
(c)
a city college for the technology of the arts.
97
Failure to pay fees
(1)
Where the proprietor of an institution fails to pay a fee in accordance with
regulations under section 96, the Chief Inspector may remove the institution
30
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
which—
35
(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.
98
Publication of inspection reports
(1)
The Chief Inspector may arrange for the publication of the report of any
40
inspection carried out by the Chief Inspector under this Chapter.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
56

(2)
A report published by virtue of this paragraph must be published in the
prescribed manner.
Failure to meet standards
99
Action plans
(1)
This section applies to a registered independent educational institution if the
5
Chief Inspector 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 findings on an inspection carried out by the Chief Inspector,
10
(b)
the report of an inspection carried out by an independent inspectorate,
or
(c)
any other evidence in respect of the institution.
(3)
The Chief Inspector may require the proprietor of a registered independent
educational institution to which this section applies to submit an action plan to
15
the Chief Inspector 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
20
imposed by serving a notice on the proprietor of the institution in question—
(a)
identifying the standard or standards that the Chief Inspector 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
25
under this section (whether or not by the date specified in the notice), the Chief
Inspector may—
(a)
approve it, with or without modifications, or
(b)
reject it.
(7)
Where the Chief Inspector rejects an action plan, the Chief Inspector may
30
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 Chief
Inspector.
100
Power of Chief Inspector to take enforcement action
35
(1)
This section applies to a registered independent educational institution if the
Chief Inspector 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—
40
(a)
the findings on an inspection carried out by the Chief Inspector,

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
57

(b)
the report of an inspection carried out by an independent inspectorate,
or
(c)
any other evidence in respect of the institution.
(3)
The Chief Inspector may take enforcement action under section 101 against the
proprietor of a registered independent educational institution to which this
5
section applies if either of the following conditions is met.
(4)
The first condition is that—
(a)
the Chief Inspector 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 99, and
10
(b)
any action plan required as mentioned in paragraph (a)—
(i)
has not been submitted, and the date specified by the Chief
Inspector under section 99(5)(b) has passed,
(ii)
was submitted but was rejected, or
(iii)
was approved but was subsequently not complied with.
15
(5)
The second condition is that—
(a)
at least two years before the enforcement action is taken the Chief
Inspector 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
20
Chief Inspector or an independent inspectorate approved under section
90 in relation to the institution, since that requirement was imposed,
and
(c)
the Chief Inspector has not at any time since that requirement was
imposed been satisfied that the institution was meeting all of the
25
independent educational institution standards.
101
Enforcement action available to Chief Inspector
(1)
Where the Chief Inspector is entitled under section 100(3) to take enforcement
action against the proprietor of an institution, the Chief Inspector may—
(a)
impose a relevant restriction on the proprietor, or
30
(b)
remove the institution from the register.
(2)
The Chief Inspector 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—
35
(a)
an appeal may be brought under section 109 or 110 against the decision,
or
(b)
where such an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.
102
“Relevant restriction”
40
(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—