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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

64

 

112     

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 106 (order of

justice of the peace in an emergency).

(2)   

On an appeal under this section the Tribunal may—

5

(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—

(i)   

imposing a relevant restriction on the proprietor of the

institution, or

10

(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

determine.

(3)   

Subsection (4) applies where—

15

(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.

(4)   

The institution—

(a)   

must be restored to the register by the Chief Inspector, and

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(b)   

is to be treated as if it had not been removed from the register in

pursuance of the order.

113     

Relevant restriction imposed by Tribunal: supplementary

(1)   

This section applies where the Tribunal makes an order under section 110, 111

or 112 imposing a relevant restriction on the proprietor of an institution.

25

(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.

(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

30

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)

of the Criminal Justice Act 2003, for “51 weeks” in subsection (3) substitute “six

months”.

35

(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—

(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

40

change of circumstance, and

(b)   

in any other case, refuse to do so.

 
 

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

65

 

Prohibition on participation in management of independent educational institutions

114     

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;

5

(b)   

may take part in the management of such an institution only in

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

10

or more prescribed grounds connected with the suitability of persons to take

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).

15

(4)   

The appropriate authority may vary or revoke a direction under this section in

prescribed cases.

(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).

20

(6)   

In this section and sections 115 to 117, “the appropriate authority” means—

(a)   

the Chief Inspector, or

(b)   

such other public authority as may be prescribed.

115     

Directions under section 114: appeals

(1)   

A person in respect of whom a direction has been given under section 114 may

25

appeal to the Tribunal—

(a)   

against the decision to give the direction;

(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

30

section insofar as the appellant’s case is inconsistent with the appellant

having been convicted of an offence;

(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

35

under this section.

116     

Directions under section 114: information

(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

40

Chief Inspector’s functions under this Chapter.

 
 

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

66

 

(2)   

The Welsh Ministers may provide to the appropriate authority any

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 and

5

which appears to the Secretary of State to be relevant to the exercise of the

appropriate authority’s functions under section 114 or by virtue of section 115.

(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

10

appropriate authority’s functions under section 114 or by virtue of section 115.

(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

15

Inspector, any information relating to a person which is held by the

appropriate authority in connection with its functions under section 114.

117     

Directions under section 114: notification

Where the appropriate authority gives a direction under section 114(1), or

varies or revokes any such direction, it must notify—

20

(a)   

the Chief Inspector (unless the appropriate authority is the Chief

Inspector), and

(b)   

the Welsh Ministers and (if different) the appropriate authority for the

purposes of sections 167A to 167D of the Education Act 2002

(prohibition on participation in management of independent schools in

25

Wales).

Independent colleges for 16 to 18 year olds

118     

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

30

educational institution, subject to such modifications as may be prescribed.

(2)   

For this purpose, “an independent post-16 college” means an institution in

England—

(a)   

at which relevant education or training is provided for—

(i)   

five or more persons who are not under compulsory school age,

35

including at least one who is over compulsory school age but is

under the age of 18, or

(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—

40

(i)   

an independent educational institution,

(ii)   

a school maintained by a local education authority,

(iii)   

a special school not so maintained, or

(iv)   

an institution in receipt of funding from the Learning and Skills

Council for England, and

45

 
 

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

67

 

(c)   

which is outside the further education and higher education sectors.

(3)   

In subsection (2)(a), “relevant education or training” provided for a person

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

5

(b)   

is not education or training provided in connection with facilities for

adventure activities (within the meaning of section 1 of the Activity

Centres (Young Persons’ Safety) Act 1995 (c. 15) (adventure activities:

licensing)).

(4)   

This subsection applies to a person—

10

(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

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

15

(ii)   

the institution started providing relevant education or training

for the person.

(5)   

Regulations may—

(a)   

provide that a specified institution or an institution of a specified

description is not an independent post-16 college;

20

(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 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

25

mentioned there.

(6)   

In this section—

“an academic year” means a period of 12 months ending with 31 August;

“specified” means specified in regulations under this section.

119     

Regulations under section 118: supplementary

30

(1)   

Regulations under section 118(1) applying—

(a)   

section 106, or

(b)   

any of the provisions mentioned in—

(i)   

section 110(1), or

(ii)   

section 111(1),

35

   

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

provision.

(2)   

No draft of any regulations under section 118(1) may be laid before Parliament

unless the Secretary of State has first consulted—

40

(a)   

the Chief Inspector, and

(b)   

such other persons as the Secretary of State considers appropriate,

   

about the proposal to make the regulations.

 
 

 
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