Education and Skills Bill

House of Commons

Session 2007 - 08
Internet Publications
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
51

Registration procedure
83
Applications for registration
(1)
The proprietor of an independent educational institution may apply to the
Chief Inspector for the institution to be entered on the register.
(2)
An application to enter an institution in the register must—
5
(a)
contain the prescribed information, and
(b)
be made in the prescribed manner.
(3)
The information prescribed under subsection (2)(a) must include information
as to the following matters relating to the institution—
(a)
whether the institution is—
10
(i)
an independent school, or
(ii)
an institution within section 77(1)(b);
(b)
the age range of students;
(c)
the maximum number of students;
(d)
whether the institution is for male or female students or both;
15
(e)
whether the institution provides accommodation for students;
(f)
whether the institution is specially organised to make special
educational provision for students with special educational needs;
(g)
in the case of an institution within paragraph (f), the type or types of
special educational needs for which the institution is specially
20
organised to make special educational provision.
84
Determination of applications for registration
(1)
Where the proprietor of an institution makes an application for registration
under section 83, the Chief Inspector must inspect the institution.
(2)
The Chief Inspector must prepare a report on the extent to which it appears
25
from the inspection that the independent educational institution standards are
likely to be met in relation to the institution once it becomes a registered
independent educational institution.
(3)
The Chief Inspector must then decide, taking into account—
(a)
the findings on the inspection, and
30
(b)
any other evidence relating to the independent educational institution
standards,

whether those standards are likely to be met in relation to the institution once
it becomes a registered independent educational institution.
(4)
The Chief Inspector must notify the proprietor of the institution of the decision
35
made under subsection (3).
(5)
If the Chief Inspector decides under subsection (3) that the independent
educational institution standards are likely to be met in relation to the
institution once it becomes a registered independent educational institution,
the Chief Inspector must enter the institution in the register.
40
(6)
An entry in the register for an independent educational institution must
include—
(a)
the name and address of the institution,

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
52

(b)
the name of the proprietor of the institution, and
(c)
the information supplied pursuant to section 83(3)(a) to (g).
85
Institutions no longer required to register: power to deregister
(1)
If the Chief Inspector—
(a)
has reasonable cause to believe that a registered institution has ceased
5
to be an independent educational institution, and
(b)
does not have reasonable cause to believe that the institution will
become an independent educational institution again within the
following twelve months,

the Chief Inspector may remove the institution from the register.
10
(2)
The Chief Inspector must notify the proprietor of an institution of any decision
to remove it from the register under this section.
(3)
The Chief Inspector’s decision does not have effect during the period in
which—
(a)
an appeal may be brought under section 110 against the decision, or
15
(b)
where such an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.
Approval of material changes to registered details
86
“Material change”
(1)
This section defines “a material change” in relation to an independent
20
educational institution for the purposes of this Chapter.
(2)
In relation to an institution other than a special institution, “a material change”
means a change in respect of any matter referred to in section 83(3)(e) or (f).
(3)
In relation to a special institution, “a material change” means—
(a)
a change of proprietor,
25
(b)
a change of address, or
(c)
a change in respect of any matter referred to in section 83(3)(a) to (g).
(4)
In this section “a special institution” means an independent educational
institution that is specially organised to make special educational provision for
students with special educational needs.
30
87
Requirement to apply for approval for material change
(1)
Where the proprietor of a registered independent educational institution is
aware that a material change is to be made in relation to the institution, the
proprietor must make an application to the Chief Inspector for approval of the
change.
35
(2)
An application for approval under this section must be made in writing and, in
the case of approval of a change of proprietor, must be made by the proposed
new proprietor.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
53

88
Inspection and report where applications made for approval
(1)
Where an application for approval of a material change is made under section
87, the Chief Inspector may inspect the institution.
(2)
If the Chief Inspector inspects an institution under this section, the Chief
Inspector must prepare a report on the extent to which it appears from the
5
inspection that any relevant standard is likely to continue to be met in relation
to the institution if the change is made.
(3)
In subsection (2) “any relevant standard” means any independent educational
institution standard considered to be relevant by the Chief Inspector in the
circumstances of the case.
10
89
Determination of applications for approval
(1)
Where an application for approval of a material change is made under section
87, the Chief Inspector must—
(a)
approve the change, if satisfied that the independent educational
institution standards are likely to continue to be met in relation to the
15
institution if the change is made;
(b)
in any other case refuse to approve it.
(2)
In coming to a decision under subsection (1) the Chief Inspector must take into
account—
(a)
the findings on any inspection carried out under section 88, and
20
(b)
any other evidence relating to the independent educational institution
standards.
(3)
The Chief Inspector must notify the proprietor of the institution of any decision
under subsection (1).
(4)
A decision under subsection (1) to refuse to approve a material change does not
25
have effect during the period in which—
(a)
an appeal may be brought under section 111 against the decision, or
(b)
where such an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.
90
Power to deregister institution that makes unapproved material change
30
(1)
The Chief Inspector may remove an independent educational institution from
the register if—
(a)
there has been a material change in relation to the institution,
(b)
the change has not been approved under this Chapter, and
(c)
either—
35
(i)
no application has been made under section 87 for approval of
the change, or
(ii)
such an application has been made but has been refused.
(2)
The Chief Inspector must notify the proprietor of an institution of any decision
to remove it from the register under this section.
40
(3)
The Chief Inspector’s decision does not have effect during the period in
which—
(a)
an appeal may be brought under section 110 against the decision, or

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
54

(b)
where such an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.
Independent inspectorates
91
Independent inspectorates
(1)
The Secretary of State may—
5
(a)
approve a body or bodies to carry out inspections of registered
independent educational institutions;
(b)
withdraw approval previously given under paragraph (a).
(2)
The Secretary of State may approve a body in relation to—
(a)
specified registered independent educational institutions, or
10
(b)
registered independent educational institutions of a specified
description.

In this subsection “specified” means specified by the Secretary of State.
(3)
The power in subsection (2)(b) to specify a description of independent
educational institution includes power to specify a description by reference to
15
membership of a body.
(4)
The Secretary of State may by regulations specify matters that must be taken
into account in deciding to approve or withdraw approval from a body under
this section.
(5)
In this Chapter, “an independent inspectorate” means a body approved under
20
this section.
92
Quality assurance of independent inspectorates
(1)
The Chief Inspector must, at intervals of no more than a year, prepare and send
to the Secretary of State a report about independent inspectorates.
(2)
In preparing a report under this section the Chief Inspector must have regard
25
to such matters as the Secretary of State may direct.
(3)
The Secretary of State may in particular give directions about—
(a)
matters to be taken into account in preparing a report, and
(b)
the form and contents of a report.
Inspections and reports
30
93
Duty to inspect certain registered institutions at prescribed intervals
(1)
The Chief Inspector must—
(a)
inspect each independent educational institution to which this section
applies at such intervals as may be prescribed, and
(b)
prepare a report on the extent to which the independent educational
35
institution standards are met, and are likely to continue to be met, in
relation to the institution.
(2)
This section does not require the Chief Inspector to carry out an inspection or
prepare a report if, by the relevant time—

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
55

(a)
the institution has been inspected by an independent inspectorate that
is approved under section 91 in relation to the institution, and
(b)
the inspectorate has prepared and sent to the Chief Inspector a report
on the extent to which the independent educational institution
standards are met, and are likely to continue to be met, in relation to the
5
institution.
(3)
In subsection (2) “the relevant time” means—
(a)
the time at which, apart from subsection (2), the Chief Inspector would
have been required to inspect the institution under this section, or
(b)
the end of such period after that time as may be prescribed.
10
(4)
An interval may be prescribed under subsection (1) by reference to the time of
an inspection carried out—
(a)
by the Chief Inspector in compliance with subsection (1), or
(b)
by an independent inspectorate as mentioned in subsection (2).
(5)
This section applies to any registered independent educational institution that
15
is not—
(a)
an Academy,
(b)
a city technology college, or
(c)
a city college for the technology of the arts.
94
Duty to inspect registered institution on direction of Secretary of State
20
(1)
The Secretary of State may direct the Chief Inspector to inspect a registered
independent educational institution specified in the direction.
(2)
Where such a direction is made the Chief Inspector must—
(a)
inspect the institution, and
(b)
make a report to the Secretary of State on the extent to which any
25
relevant standard is being met.
(3)
In this section “any relevant standard” means any independent educational
institution standard specified by the Secretary of State in the direction.
95
Power to inspect registered institution
(1)
The Chief Inspector may at any time inspect a registered independent
30
educational institution.
(2)
On an inspection under this section, the Chief Inspector must prepare a report
on the extent to which it appears from the inspection that any relevant
standard is being met, and is likely to continue to be met, in relation to the
institution.
35
(3)
The Chief Inspector may at any time arrange for an independent
inspectorate—
(a)
to inspect a registered independent educational institution in relation
to which it is approved under section 91, and
(b)
to prepare a report on the extent to which it appears from the inspection
40
that any relevant standard is being met, and is likely to continue to be
met, in relation to the institution.

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
56

(4)
In this section “any relevant standard” means any independent educational
institution standard that is—
(a)
in the case of an inspection by the Chief Inspector, considered to be
relevant by the Chief Inspector in the circumstances of the case, or
(b)
in the case of an inspection by an independent inspectorate, specified
5
by the Chief Inspector for the purposes of the inspection.
(5)
The Chief Inspector may specify a standard for the purposes of—
(a)
a particular inspection, or
(b)
inspections of institutions of a particular description.
96
Inspections under this Chapter: power of entry etc
10
(1)
This section applies to any inspection of a registered independent educational
institution that is carried out by the Chief Inspector under this Chapter.
(2)
The Chief Inspector has at all reasonable times—
(a)
a right of entry to the premises of the institution for the purposes of the
inspection, and
15
(b)
a right to inspect and take copies of any records kept by the institution
and any other documents containing information relating to the
institution that are required for the purposes of the inspection.
(3)
Section 58 of the Education Act 2005 (c. 18) (computer records) applies in
relation to the inspection of records or other documents under subsection
20
(2)(b).
(4)
It is an offence intentionally to obstruct a person in the exercise of the person’s
functions in relation to the inspection.
(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
25
97
Fees for inspections by Chief Inspector under this Chapter
(1)
Regulations may require the proprietor of an institution to which this section
applies to pay to the Chief Inspector a fee in respect of an inspection of the
institution carried out by the Chief Inspector under this Chapter.
(2)
Regulations under this section must make provision for determining—
30
(a)
the amount of any fee, and
(b)
the time or times at which it must be paid.
(3)
Regulations under this section may make different provision for different cases
including in particular—
(a)
different provision for inspections carried out for different purposes;
35
(b)
different provision for inspections carried out for the same purpose but
in different circumstances.
(4)
Regulations under this section may prescribe circumstances in which—
(a)
the amount of a fee may be varied in accordance with the regulations;
(b)
a fee payable under the regulations may be waived.
40
(5)
This section applies to any registered independent educational institution that
is not—
(a)
an Academy,

Education and Skills Bill
Part 4 — Regulation and inspection of independent educational provision in England
Chapter 1 — Independent educational institutions in England
57

(b)
a city technology college, or
(c)
a city college for the technology of the arts.
98
Failure to pay fees
(1)
Where the proprietor of an institution fails to pay a fee in accordance with
regulations under section 97, the Chief Inspector may remove the institution
5
from the register.
(2)
The Chief Inspector must notify the proprietor of an institution of any decision
to remove it from the register under this section.
(3)
The Chief Inspector’s decision does not have effect during the period in
which—
10
(a)
an appeal may be brought under section 110 against the decision, or
(b)
where such an appeal has been brought, the appeal has not been
determined, withdrawn or otherwise disposed of.
99
Publication of inspection reports
(1)
The Chief Inspector may arrange for the publication of the report of any
15
inspection carried out by the Chief Inspector under this Chapter.
(2)
A report published by virtue of this paragraph must be published in the
prescribed manner.
Failure to meet standards
100
Action plans
20
(1)
This section applies to a registered independent educational institution if the
Chief Inspector is satisfied, taking into account relevant evidence, that one or
more of the independent educational institution standards is or are not being
met in relation to the institution.
(2)
In subsection (1) “relevant evidence” means—
25
(a)
the findings on an inspection carried out by the Chief Inspector,
(b)
the report of an inspection carried out by an independent inspectorate,
or
(c)
any other evidence in respect of the institution.
(3)
The Chief Inspector may require the proprietor of a registered independent
30
educational institution to which this section applies to submit an action plan to
the Chief Inspector for approval.
(4)
In this Chapter “an action plan” means a plan specifying—
(a)
the steps that will be taken to meet a standard or standards, and
(b)
the time by which each step will be taken.
35
(5)
Any requirement imposed under this section to submit an action plan must be
imposed by serving a notice on the proprietor of the institution in question—
(a)
identifying the standard or standards that the Chief Inspector is
satisfied is or are not being met in relation to the institution, and
(b)
specifying a date by which the action plan must be submitted.
40