Education and Skills Bill

House of Commons

Session 2007 - 08
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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
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.