|
| |
|
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 |
| |
| 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 |
| |
| |
(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. |
| |
| |
(a) | must be restored to the register by the Chief Inspector, and |
| 20 |
(b) | is to be treated as if it had not been removed from the register in |
| |
| |
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 |
| |
| |
(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 |
| |
| 35 |
(5) | The proprietor may apply to the Tribunal for the relevant restriction to be |
| |
| |
(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. |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| 15 |
(4) | The appropriate authority may vary or revoke a direction under this section in |
| |
| |
(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 |
| |
| 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 |
| |
(a) | against the decision to give the direction; |
| |
(b) | against a decision not to vary or revoke the direction. |
| |
| |
(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 |
| |
| |
(c) | prescribe the powers available to the Tribunal on allowing an appeal |
| 35 |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
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 |
| |
| |
(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 |
| |
| |
(ii) | at least one student to whom subsection (4) applies who is over |
| |
compulsory school age but is under the age of 18, |
| |
| 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 |
| |
| 45 |
|
| |
|
| |
|
(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: |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
| |
“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— |
| |
| |
(b) | any of the provisions mentioned in— |
| |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|