|
| |
|
(a) | to cease to use any part of the institution’s premises for all purposes or |
| |
| |
(b) | to close any part of the institution’s operation; |
| |
(c) | to cease to admit any new students or new students of specified |
| |
| 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 |
| |
| |
(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 |
| |
| |
(4) | The proprietor may apply to the Chief Inspector for the restriction to be varied |
| |
| |
(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 |
| |
(7) | A decision to vary or revoke the restriction has effect as from the date on which |
| |
the proprietor receives notice of it. |
| |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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. |
| |
| |
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 |
| |
| 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 |
| |
(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 |
| |
| 40 |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(2) | The Chief Inspector must serve on the proprietor— |
| |
(a) | a copy of any written statement in support of the application for the |
| |
| 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 |
| |
| 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 |
| |
(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 |
| |
| |
(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). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| 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 |
| |
| |
(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). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
|
| |
|
| |
|
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(5) | The proprietor may apply to the Tribunal for the relevant restriction to be |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(4) | The appropriate authority may vary or revoke a direction under this section in |
| 40 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(a) | against the decision to give the direction; |
| 10 |
(b) | against a decision not to vary or revoke the direction. |
| |
| |
(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 |
| |
| |
(c) | prescribe the powers available to the Tribunal on allowing an appeal |
| |
| |
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. |
| |
|
| |
|