|
| |
| |
| |
(1) | Information disclosed to a person in reliance on section 72(1)(b) or 73 may be |
| |
used by that person only in connection with the exercise of an assessment |
| |
function of the Secretary of State or a devolved authority. |
| |
(2) | Subsection (3) applies where information about an individual is used in |
| 5 |
connection with the exercise of an assessment function of the Secretary of State |
| |
| |
| |
(b) | under subsection (1) above. |
| |
(3) | So far as is reasonably practicable, the information must not be used in such a |
| 10 |
way that the identity of the individual is disclosed to, or capable of being |
| |
discovered by, a person carrying out an evaluation or assessment of a kind |
| |
| |
75 | Wrongful onward disclosure of information |
| |
(1) | This section applies to information— |
| 15 |
| |
| |
(2) | A person commits an offence if— |
| |
(a) | the person discloses the information to another otherwise than in |
| |
connection with the exercise of an assessment function of the Secretary |
| 20 |
of State or a devolved authority, and |
| |
(b) | the information relates to a person whose identity is specified in or can |
| |
be deduced from the disclosure. |
| |
(3) | It is a defence to prove that a person charged with the offence reasonably |
| |
| 25 |
(a) | that the disclosure was lawful, or |
| |
(b) | that the information had already and lawfully been made available to |
| |
| |
(4) | A person guilty of an offence under this section is liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| 30 |
2 years or to a fine or to both; |
| |
(b) | on summary conviction, to imprisonment for a term not exceeding 12 |
| |
months or to a fine not exceeding the statutory maximum or to both. |
| |
(5) | A prosecution for an offence under this section may be instituted in England |
| |
and Wales only with the consent of the Director of Public Prosecutions. |
| 35 |
(6) | In subsection (4)(b), the reference to 12 months is to be read as a reference to 6 |
| |
months in relation to an offence committed in England and Wales before the |
| |
commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (short |
| |
| |
76 | Information: supplementary |
| 40 |
(1) | This section applies for the purposes of sections 72 to 75. |
| |
(2) | Nothing in these sections affects the use or disclosure of information by virtue |
| |
| |
| |
| |
|
| |
| |
(a) | section 3 of the Social Security Act 1998 (c. 14); |
| |
(b) | any other enactment or rule of law. |
| |
(3) | These are the devolved authorities— |
| |
(a) | the Scottish Ministers; |
| |
| 5 |
(4) | A reference to the Secretary of State includes a reference to a person providing |
| |
services to the Secretary of State. |
| |
(5) | A reference to a devolved authority includes a reference to a person providing |
| |
services to the authority. |
| |
(6) | A reference to training or education does not include a reference to higher |
| 10 |
education (within the meaning of the Education Reform Act 1988 (c. 40) or |
| |
section 38 of the Further and Higher Education (Scotland) Act 1992 (c. 37)). |
| |
| |
Regulation and inspection of independent educational provision in England |
| |
| 15 |
Independent educational institutions in England |
| |
| |
77 | Independent educational institutions |
| |
(1) | For the purposes of this Chapter, “an independent educational institution” |
| |
| 20 |
(a) | an independent school, or |
| |
(b) | an institution other than an independent school which— |
| |
(i) | provides part-time education for one or more persons of |
| |
compulsory school age (“part-time students”) whether or not it |
| |
also provides full-time education for any person, and |
| 25 |
(ii) | would be an independent school but for the fact that the |
| |
education provided for the part-time student or students is |
| |
part-time rather than full-time. |
| |
(2) | For the purposes of this section, an institution provides “part-time” education |
| |
for a person if it provides education for the person— |
| 30 |
(a) | for at least 12.5 hours a week, for at least 28 weeks, during an academic |
| |
year at the end of which the person is under the age of 12, or |
| |
(b) | for at least 15 hours a week, for at least 28 weeks, during an academic |
| |
year at the end of which the person is aged 12 or over, |
| |
| which does not amount to full-time education. |
| 35 |
| |
(a) | provide that a specified institution or an institution of a specified |
| |
description is not an independent educational institution by virtue of |
| |
| |
| |
| |
|
| |
| |
(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 |
| |
education is being provided for the purposes of this section; |
| |
(c) | amend subsection (2)(a) or (b) so as to substitute a different number of |
| |
weeks for the number of weeks for the time being mentioned there. |
| 5 |
| |
“an academic year” means a period of 12 months ending with 31 August; |
| |
“specified” means specified in regulations under this section. |
| |
78 | Application of Chapter to institutions in England only |
| |
(1) | References in this Chapter to an independent educational institution are to an |
| 10 |
independent educational institution in England. |
| |
(2) | For provision regulating independent schools in Wales, see Chapter 1 of Part |
| |
10 of the Education Act 2002 (c. 32). |
| |
| |
79 | Independent educational institution standards |
| 15 |
(1) | The Secretary of State must by regulations prescribe standards for the purposes |
| |
of this Chapter about the following matters— |
| |
(a) | the quality of education provided at independent educational |
| |
| |
(b) | the spiritual, moral, social and cultural development of students at |
| 20 |
independent educational institutions; |
| |
(c) | the welfare, health and safety of students at independent educational |
| |
| |
(d) | the suitability of proprietors of and staff at independent educational |
| |
| 25 |
(e) | the premises of and accommodation at independent educational |
| |
| |
(f) | the provision of information by independent educational institutions; |
| |
(g) | the manner in which independent educational institutions handle |
| |
| 30 |
(h) | the quality of the leadership in and management of independent |
| |
educational institutions. |
| |
(2) | A standard may be prescribed in relation to— |
| |
(a) | all independent educational institutions, |
| |
(b) | specified independent educational institutions, or |
| 35 |
(c) | independent educational institutions of a specified description. |
| |
(3) | In subsection (2) “specified” means specified in regulations made under this |
| |
| |
(4) | The standards do not apply to early years provision for children who have not |
| |
attained the age of three (separate requirements as to such provision being |
| 40 |
imposed by or under Part 3 of the Childcare Act 2006 (c. 21)). |
| |
(5) | In this Chapter “independent educational institution standards” means— |
| |
(a) | the standards for the time being prescribed under this section, and |
| |
| |
| |
|
| |
| |
(b) | in relation to early years provision for children who have attained the |
| |
age of three, the Early Years Foundation Stage (see section 39 of the |
| |
Childcare Act 2006 (c. 21)). |
| |
Requirement of registration |
| |
| 5 |
(1) | The Chief Inspector must keep a register of independent educational |
| |
| |
(2) | The register is to be known as “the register of independent educational |
| |
institutions in England”. |
| |
(3) | The Chief Inspector must publish the register in such manner, and at such |
| 10 |
times, as the Chief Inspector considers appropriate. |
| |
81 | Unregistered independent educational institutions: offence |
| |
(1) | A person must not conduct an independent educational institution unless it is |
| |
| |
(2) | A person who conducts an independent educational institution in |
| 15 |
contravention of subsection (1) is guilty of an offence. |
| |
(3) | A person guilty of an offence under this section is 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) |
| 20 |
of the Criminal Justice Act 2003, for “51 weeks” in subsection (3) substitute “six |
| |
| |
82 | Unregistered independent educational institutions: inspection |
| |
(1) | Where the Chief Inspector has reasonable cause to believe that an offence |
| |
under section 81 is being committed on any premises, the Chief Inspector may |
| 25 |
| |
(a) | enter and inspect the premises, and |
| |
(b) | inspect and take copies of any records or other documents which the |
| |
Chief Inspector has reasonable cause to believe may be required for the |
| |
purposes of proceedings in relation to such an offence. |
| 30 |
(2) | Section 58 of the Education Act 2005 (c. 18) (computer records) applies in |
| |
relation to the inspection of records or other documents under this section. |
| |
(3) | It is an offence intentionally to obstruct a person in the exercise of the person’s |
| |
functions in relation to the inspection. |
| |
(4) | A person guilty of an offence under this section is liable on summary |
| 35 |
conviction to a fine not exceeding level 4 on the standard scale. |
| |
| |
| |
|
