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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

58

 

(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.

5

(2)   

In subsection (1) “specified” means—

(a)   

in the case of a relevant restriction imposed by the Chief Inspector

under section 101(1)(a) specified by the Chief Inspector;

(b)   

in the case of a relevant restriction imposed by an order of a justice of

the peace under section 105, specified in the order;

10

(c)   

in the case of a relevant restriction imposed by an order of the Tribunal

under section 109, 110 or 111, specified in the order.

103     

Relevant restriction imposed by Chief Inspector: supplementary

(1)   

This section applies where the proprietor of an institution is subject to a

relevant restriction imposed by the Chief Inspector under section 101(1)(a).

15

(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)

20

of the Criminal Justice Act 2003, for “51 weeks” in subsection (2) substitute “six

months”.

(4)   

The proprietor may apply to the Chief Inspector for the restriction to be varied

or revoked.

(5)   

On an application under subsection (4) the Chief inspector must—

25

(a)   

vary or revoke the restriction as requested in the application, if the

Chief Inspector 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 Chief Inspector must notify the proprietor of the decision made under

30

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.

Unsuitable persons

104     

Unsuitable persons

35

(1)   

The Chief Inspector 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

40

decision of a prescribed description made under any prescribed enactment

having effect in any part of the United Kingdom.

 
 

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

59

 

(3)   

The Chief Inspector must notify the proprietor of an institution of any decision

to remove it from the register under this section.

(4)   

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

5

(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;

10

(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.

Emergencies

105     

Application to justice of the peace for order

(1)   

The Chief Inspector may apply to a justice of the peace for—

15

(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.

20

(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 Chief Inspector as soon as reasonably practicable after the

order is made.

25

(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 Chief Inspector 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

30

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.

106     

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

35

105(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).

40

 
 

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

60

 

(3)   

In relation to an offence committed before the commencement of section 281(5)

of the Criminal Justice Act 2003, for “51 weeks” in subsection (2) substitute “six

months”.

107     

Order of justice of the peace: notification

(1)   

The Chief Inspector must comply with this section as soon as reasonably

5

practicable after an order is made under section 105 against the proprietor of

an institution.

(2)   

The Chief Inspector must serve on the proprietor—

(a)   

a copy of any written statement in support of the application for the

order, and

10

(b)   

notice of the right of appeal conferred by section 111.

(3)   

In the case of an order made against the proprietor of a special institution, the

Chief Inspector must notify the following that the order has been made—

(a)   

the local education authority in whose area the institution is situated;

(b)   

any other local education authority that the Chief Inspector, after

15

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.

20

Provision of information by proprietors

108     

Provision of information by proprietors

(1)   

Regulations may make provision for requiring the proprietor of a registered

independent educational institution to provide the Chief Inspector or the

Secretary of State, on request, with such particulars relating to the institution

25

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

30

meaning of the Care Standards Act 2000 (c. 14) (see section 1 of that

Act);

(b)   

provide for the Chief Inspector to remove from the register any

institution in respect of which any requirement imposed by or under

the regulations is not complied with;

35

(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

40

the provision required by subsections (5) to (6).

 
 

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

61

 

(5)   

The regulations must require the Chief Inspector 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 Chief Inspector to remove

an institution from the register by virtue of subsection (2)(b) does not have

5

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.

Appeals

10

109     

Appeal by proprietor against decision of Chief Inspector to deregister

(1)   

The proprietor of a registered independent educational institution may appeal

to the Tribunal against a decision of the Chief Inspector to remove the

institution from the register—

(a)   

under section 84 (no longer required to register),

15

(b)   

under section 89 (unapproved material change),

(c)   

under section 97 (failure to pay fees),

(d)   

under section 101 (failure to meet standards),

(e)   

under section 104 (unsuitable persons), or

(f)   

by virtue of section 108 (failure to provide information).

20

(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,

25

(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 Chief Inspector must remove the

30

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 Chief Inspector may determine.

(5)   

In this Chapter “the Tribunal” means the tribunal established under section 9

of the Protection of Children Act 1999 (c. 14).

110     

Appeal by proprietor against other decisions of Chief Inspector

35

(1)   

The proprietor of an institution may appeal to the Tribunal against a decision

of the Chief Inspector in relation to the institution under—

(a)   

section 83(3) (standards not likely to be met on registration),

(b)   

section 88(1) (refusal to approve a material change),

(c)   

section 101(1)(a) (imposition of relevant restriction on proprietor), or

40

(d)   

section 103(5)(b) (refusal to vary or revoke a relevant restriction).

 
 

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

62

 

(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

5

(b)   

require the Chief Inspector to reconsider the decision, taking into

account, amongst other things, the findings of the Tribunal on the

appeal.

(4)   

Section 83(4) and (5) applies in relation to the Chief Inspector’s decision on

reconsideration under subsection (3)(b) above as it applies to a decision made

10

under section 83(3).

(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—

15

(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—

20

(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

25

make an order imposing a different relevant restriction on the

proprietor.

111     

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 105 (order of

30

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—

35

(i)   

imposing a relevant restriction on the proprietor of the

institution, or

(ii)   

requiring the Chief Inspector 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 Chief Inspector may

40

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.

45

 
 

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

63

 

(4)   

The institution—

(a)   

must be restored to the register by the Chief Inspector, and

(b)   

is to be treated as if it had not been removed from the register in

pursuance of the order.

112     

Relevant restriction imposed by Tribunal: supplementary

5

(1)   

This section applies where the Tribunal makes an order under section 109, 110

or 111 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 regulations under section 9 of the Protection of Children

Act 1999 (c. 14) or from the Chief Inspector.

10

(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)

15

of the Criminal Justice Act 2003, 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—

20

(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.

Prohibition on participation in management of independent educational institutions

25

113     

Prohibition on participation in management

(1)   

The appropriate authority may direct that a person—

(a)   

may not take part in the management of an independent educational

institution;

(b)   

may take part in the management of such an institution only in

30

circumstances specified in the direction;

(c)   

may take part in the management of such an institution 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

35

part in the management of an independent educational institution.

(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

40

prescribed cases.

 
 

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

64

 

(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 114 to 116, “the appropriate authority” means—

(a)   

the Chief Inspector, or

5

(b)   

such other public authority as may be prescribed.

114     

Directions under section 113: appeals

(1)   

A person in respect of whom a direction has been given under section 113 may

appeal to the Tribunal—

(a)   

against the decision to give the direction;

10

(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 the appellant

having been convicted of an offence;

15

(b)   

prescribe circumstances in which the Tribunal must allow an appeal

under this section;

(c)   

prescribe the powers available to the Tribunal on allowing an appeal

under this section.

115     

Directions under section 113: information

20

(1)   

Where the appropriate authority is a public authority other than the Chief

Inspector, the Chief Inspector may provide to that authority any information

relating to a person which is held by the Chief Inspector in connection with the

Chief Inspector’s functions under this Chapter.

(2)   

The Welsh Ministers may provide to the appropriate authority any

25

information relating to a person which is held by them in connection with their

functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32).

(3)   

The Secretary of State may provide to the appropriate authority any

information relating to a person which is held by the Secretary of State in

connection with the Secretary of State’s functions and which appears to the

30

Secretary of State to be relevant to the exercise of the appropriate authority’s

functions under section 113 or by virtue of section 114.

(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

35

appropriate authority’s functions under section 113 or by virtue of section 114.

(5)   

The appropriate authority may provide to the Independent Barring Board, the

General Teaching Council for England, the General Teaching Council for

Wales, the Secretary of State, the Welsh Ministers or, where the appropriate

authority is a public authority other than the Chief Inspector, the Chief

40

Inspector, any information relating to a person which is held by the

appropriate authority in connection with its functions under section 113.

 
 

 
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