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
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
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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),
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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.