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
65

116
Directions under section 113: notification
Where the appropriate authority gives a direction under section 113(1), or
varies or revokes any such direction, it must notify—
(a)
the Chief Inspector (unless the appropriate authority is the Chief
Inspector), and
5
(b)
the Welsh Ministers and (if different) the appropriate authority for the
purposes of sections 167A to 167D of the Education Act 2002 (c. 32)
(prohibition on participation in management of independent schools in
Wales).
Independent colleges for 16 to 18 year olds
10
117
Providers of independent education or training for 16 to 18 year olds
(1)
Regulations may provide for any provision of this Chapter to apply in relation
to an independent post-16 college as it applies in relation to an independent
educational institution, subject to such modifications as may be prescribed.
(2)
For this purpose, “an independent post-16 college” means an institution in
15
England—
(a)
at which relevant education or training is provided for—
(i)
five or more persons who are not under compulsory school age,
including at least one who is over compulsory school age but is
under the age of 18, or
20
(ii)
at least one student to whom subsection (4) applies who is over
compulsory school age but is under the age of 18,
(b)
which is not—
(i)
an independent educational institution,
(ii)
a school maintained by a local education authority,
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(iii)
a special school not so maintained, or
(iv)
an institution in receipt of funding from the Learning and Skills
Council for England, and
(c)
which is outside the further education and higher education sectors.
(3)
In subsection (2)(a), “relevant education or training” provided for a person
30
means education or training which—
(a)
is provided for the person for at least 16 hours a week, for at least 4
weeks, during an academic year, and
(b)
is not education or training provided in connection with facilities for
adventure activities (within the meaning of section 1 of the Activity
35
Centres (Young Persons’ Safety) Act 1995 (c. 15) (adventure activities:
licensing)).
(4)
This subsection applies to a person—
(a)
for whom a statement is maintained by a local education authority
under section 324 of the Education Act 1996 (c. 56) (statement of special
40
educational needs), or
(b)
for whom a statement was so maintained immediately before—
(i)
the person ceased to be a pupil at his or her last school, or
(ii)
the institution started providing relevant education or training
for the person.
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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
66

(5)
Regulations may—
(a)
provide that a specified institution or an institution of a specified
description is not an independent post-16 college;
(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
5
education or training is provided for the purposes of this section;
(c)
amend subsection (3)(a) so as to substitute a different number of hours
or weeks for the number of hours or weeks for the time being
mentioned there.
(6)
In this section—
10
“an academic year” means a period of 12 months ending with 31 August;
“specified” means specified in regulations under this section.
118
Regulations under section 117: supplementary
(1)
Regulations under 117(1) applying—
(a)
section 105, or
15
(b)
any of the provisions mentioned in—
(i)
section 109(1), or
(ii)
section 110(1),

in relation to an independent post-16 college must also apply any provision
conferring a right of appeal against a decision or order made under that
20
provision.
(2)
No draft of any regulations under section 117(1) may be laid before Parliament
unless the Secretary of State has first consulted—
(a)
the Chief Inspector, and
(b)
such other persons as the Secretary of State considers appropriate,
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about the proposal to make the regulations.
Supplementary
119
Proceedings for offences
No proceedings for an offence under this Chapter may be instituted except by
or with the consent of the Chief Inspector or the Secretary of State.
30
120
Offences by bodies corporate
(1)
Where an offence under this Chapter committed by a body corporate is proved
to have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of—
(a)
any director, manager, secretary or other similar officer of the body
35
corporate, or
(b)
any person who was purporting to act in any such capacity,

that person (as well as the body corporate) is guilty of the offence and liable to
be proceeded against and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection
40
(1) applies in relation to the acts and defaults of a member in connection with

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
67

the member’s functions of management as it applies to a director of a body
corporate.
121
Offences by unincorporated bodies
(1)
Proceedings for an offence alleged to have been committed under this Chapter
by an unincorporated body are to be brought in the name of that body (and not
5
in that of any of its members) and, for the purposes of any such proceedings,
any rules of court relating to the service of documents have effect as if that
body were a corporation.
(2)
A fine imposed on an unincorporated body on its conviction of an offence
under this Chapter is to be paid out of the funds of that body.
10
(3)
If an unincorporated body is charged with an offence under this Chapter,
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the
Magistrates’ Courts Act 1980 (c. 43) (procedure on charge of an offence against
a corporation) apply as they do in relation to a body corporate.
(4)
Where an offence under this Chapter committed by an unincorporated body
15
other than a partnership is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any officer of
the body or any member of its governing body, that person (as well as the
body) is guilty of the offence and liable to be proceeded against and punished
accordingly.
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(5)
Where an offence under this Chapter committed by a partnership is proved to
have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, a partner, the partner (as well as the partnership)
is guilty of the offence and liable to be proceeded against and punished
accordingly.
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122
Service of notice etc
For the purposes of this Chapter, any notice, order or other document required
to be given to or served on the proprietor of a registered independent
educational institution may be given to or served on the proprietor by
delivering it to the registered address of the institution.
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123
Interpretation of Chapter
(1)
In this Chapter—
“an action plan” has the meaning given by section 99(4);
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills;
35
“early years provision” has the meaning given by section 96(2) of the
Childcare Act 2006;
“independent educational institution standards” has the meaning given
by section 78;
“an independent inspectorate” has the meaning given by section 90;
40
“a material change”, in relation to an independent educational institution,
has the meaning given by section 85;
“proprietor”, in relation to an institution, means the person or body of
persons responsible for the management of the institution;

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 2 — Schools providing for special educational needs
68

“the register” means the register of independent educational institutions
in England (see section 79);
“registered” means entered in the register;
“relevant restriction” has the meaning given by section 102;
“student” means—
5
(a)
in relation to an independent school, a pupil (for the meaning of
“pupil” see section 3 of the Education Act 1996 (c. 56));
(b)
in relation to an institution within section 76(1)(b), a person for
whom the institution provides part-time education within the
meaning of that provision or full-time education;
10
“the Tribunal” has the meaning given by section 109(5).
(2)
In section 82 the reference to the proprietor of an independent educational
institution includes the proprietor of an institution that it is proposed should
become an independent educational institution (and accordingly the
information required by subsection (3) of that section, in the case of such a
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proprietor, is information about the institution as it is proposed to be).
Chapter 2
Schools providing for special educational needs
Non-maintained special schools in England
124
Interpretation
20
For section 337 of the Education Act 1996 (special schools) and the italic
heading preceding it substitute—
“Interpretation
337
Special schools
A school is a special school if—
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(a)
it is specially organised to make special educational provision
for pupils with special educational needs, and
(b)
in the case of a school that is not maintained by a local education
authority, it is approved under section 342.
337A
Interpretation of Chapter
30
In this Chapter—
“the Chief Inspector” means Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills;
“a non-maintained special school” means a school that is
approved under section 342;
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“the relevant authority” means—
(a)
in relation to a school in England, the Chief Inspector;
(b)
in relation to a school in Wales, the Welsh Ministers.”