Part 4Regulation and inspection of independent educational provision in England
C1C3C2Chapter 1Independent educational institutions in England
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(e), 70(2); S.I. 2018/346, reg. 4(f)
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(e), 70(2); S.I. 2018/346, reg. 4(e)
Requirement of registration
I195The register
1
The Secretary of State must keep a register of independent educational institutions.
2
The register is to be known as “the register of independent educational institutions in England”.
3
The Secretary of State must publish the register in such manner, and at such times, as the Secretary of State considers appropriate.
I296Unregistered independent educational institutions: offence
1
A person must not conduct an independent educational institution unless it is registered.
2
A person who conducts an independent educational institution in contravention of subsection (1) is guilty of an offence.
3
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a 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 (c. 44), for “51 weeks” in subsection (3) substitute “
six months
”
.
I397Unregistered independent educational institutions: inspection
1
Where the Chief Inspector has reasonable cause to believe that an offence under section 96 is being committed on any premises, the Chief Inspector may at any reasonable time—
a
enter and inspect the premises, and
b
inspect and take copies of any records or other documents which the Chief Inspector has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.
2
Section 58 of the Education Act 2005 (c. 18) (computer records) applies in relation to the inspection of records or other documents under this section.
3
This section does not confer power to inspect or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material etc).
4
It is an offence intentionally to obstruct a person in the exercise of the person's functions in relation to the inspection.
5
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Pt. 4 Ch. 1 modified (22.12.2014) by The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014 (S.I. 2014/3364), art. 3(2)