Joint Committee on Statutory Instruments Thirtieth Report

Appendix 4

S.I. 2003/1934: memorandum from the Department for Education and Skills

Education (Provision of Information by Independent Schools) (England) Regulations 2003 (S.I. 2003/1934)

1. The Committee considered the Education (Provision of Information by Independent Schools) (England) Regulations 2003 at its meeting on 21st October 2003 and requested a memorandum on the following point:

Within what period must the proprietor of the school comply with the requirements of regulation 8(1)? Given that breach of regulation 8 is an offence, explain the omission of a specific period for compliance.

2. The Department had anticipated that, as with previous legislation, enforcement action would take place where compliance had not occurred within a reasonable period. The creation of an offence was new, but the question of whether an offence had been committed at any particular time would be a matter for evidence. Nevertheless, the Department acknowledges the concerns of the committee, and in the interests of clarity, will amend the Regulations at the earliest opportunity to include an appropriate period for compliance.

22nd October 2003

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