Education Act 2002 (c. 32)

Part 10 E+W Independent schools

Chapter 1 E+W Regulation of independent schools

Supplementary E+W

168 Provision of information E+W

(1) Regulations may make provision for requiring the proprietor of a registered school to provide the registration authority, when the authority so requests, with such particulars relating to the school as may be prescribed.

(2) Regulations under this section may in particular—

(a) require the provision of such information as is required by the local authority for the purposes of determining whether the school is a children’s home (within the meaning of the Care Standards Act 2000 (c. 14));

(b) provide for the registration authority to remove from the register any school in respect of which any requirement imposed by or under the regulations is not complied with;

(c) provide that a person who fails to comply with any specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I1 S. 168 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I2 S. 168 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

169 Unsuitable persons E+W

The registration authority may remove a registered school from the register where it is satisfied that any person who, in relation to the school, carries out any work to which section 142 applies—

(a) is carrying out that work in contravention of a direction under that section, or

(b) is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (c. 43) (disqualification from working with children).

Commencement Information

I3 S. 169 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I4 S. 169 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

170 Service of notice etc. E+W

(1) The registration authority must serve on the proprietor of a registered school notice of—

(a) any decision made by the authority under section 162 in relation to the school;

(b) any determination or order made by the authority under section 165 in relation to the school;

(c) any decision made by the authority under subsection (10) of that section in relation to the school.

(2) For the purposes of this Chapter, any notice, order or other document required to be given to or served on the proprietor of a registered school may be given to or served on him by delivering it to the registered address of the school.

Commencement Information

I5 S. 170 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I6 S. 170 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

171 Interpretation of Chapter 1 E+W

In this Chapter—

• “appeal period” has the meaning given by section 165;

• “Chief Inspector” means—

  (a)

  in relation to a school in England, Her Majesty’s Chief Inspector of Schools in England, and

  (b)

  in relation to a school in Wales, Her Majesty’s Chief Inspector of Education and Training in Wales;

• “independent school standards” has the meaning given by section 157;

• “the register” means—

  (a)

  in relation to a school in England, the register of independent schools in England, and

  (b)

  in relation to a school in Wales, the register of independent schools in Wales;

• “registered” means entered in the register;

• “registered inspector” means a person registered under section 7(1) or (2) of the School Inspections Act 1996 (c. 57);

• “registration authority” means—

  (a)

  in relation to a school in England, the Secretary of State, and

  (b)

  in relation to a school in Wales, the National Assembly for Wales.

Commencement Information

I7 S. 171 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I8 S. 171 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III