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Education and Skills Bill


Education and Skills Bill
Part 3 — Adult skills

47

 

74      

Use of information

(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

or a devolved authority—

(a)   

in reliance on section 72(1)(a), or

(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

mentioned in section 72(4)(a) to (c).

75      

Wrongful onward disclosure of information

(1)   

This section applies to information—

15

(a)   

used in reliance on section 72(1)(a), or

(b)   

disclosed in reliance on section 72(1)(b) or 73.

(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

believed—

25

(a)   

that the disclosure was lawful, or

(b)   

that the information had already and lawfully been made available to

the public.

(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

sentences).

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

of—

 
 

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

48

 

(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;

(b)   

the Welsh 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)).

Part 4

Regulation and inspection of independent educational provision in England

Chapter 1

15

Independent educational institutions in England

Introductory

77      

Independent educational institutions

(1)   

For the purposes of this Chapter, “an independent educational institution”

means—

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.

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(3)   

Regulations may—

(a)   

provide that a specified institution or an institution of a specified

description is not an independent educational institution by virtue of

subsection (1)(b);

 
 

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

49

 

(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

(4)   

In this section—

“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).

Standards

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

institutions;

(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

institutions;

(d)   

the suitability of proprietors of and staff at independent educational

institutions;

25

(e)   

the premises of and accommodation at independent educational

institutions;

(f)   

the provision of information by independent educational institutions;

(g)   

the manner in which independent educational institutions handle

complaints;

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

section.

(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

 
 

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

50

 

(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

80      

The register

5

(1)   

The Chief Inspector must keep a register of independent educational

institutions.

(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

registered.

(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

months”.

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

at any reasonable time—

(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.

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(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

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conviction to a fine not exceeding level 4 on the standard scale.

 
 

 
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