The Education (Provision of Information by Independent Schools) (England) Regulations 2003

Citation, commencement and application

1.  These Regulations may be cited as the Education (Provision of Information by Independent Schools) (England) Regulations 2003 and shall come into force on 1st September 2003.

2.  These Regulations shall apply only in relation to England.

3.  These Regulations shall apply to any independent school, except that—

(a) regulations 6 and 7, and paragraphs 3(5) to 3(10), 3(15) and 4 to 13 of the Schedule shall not apply to an Academy; and

(b) regulations 5 to 7 and the Schedule shall not apply to a city technology college or a city college for the technology of the arts.

Interpretation

4.—(1) In these Regulations—

“the 2002 Act” means the Education Act 2002;

“application” means an application under section 160(1) of the 2002 Act to enter an independent school in the register;

“city technology college” or “city college for the technology of the arts” means a school established under section 482 of the Education Act 1996(1) before 26th July 2002 which is not an Academy;

“school” means an independent school; and

“services” includes professional and voluntary services.

(2) Any reference in these Regulations to a person employed at a school is a reference to a person carrying out work to which section 142 of the 2002 Act applies.

Application for registration of an independent school

5.  Every application shall—

(a) be made in writing;

(b) state the first date on which the school intends to admit pupils;

(c) contain the information specified in Part 2 of the Schedule; and

(d) contain a certificate signed by the proprietor that, to the best of his knowledge and belief, the statements made in the application are accurate.

Return within the first three months of operation

6.  The proprietor of a registered school shall deliver to the registration authority within three months of the admission of pupils, or one pupil if that pupil is within section 463(1)(b) of the Education Act 1996(2), a return in writing which shall contain—

(a) the information specified in Part 3 of the Schedule; and

(b) a certificate signed by the proprietor or by a person authorised by him to give the certificate on his behalf that, to the best of his knowledge and belief, the statements made in the return are accurate.

Annual return

7.—(1) In every school year, the proprietor of a registered school shall deliver to the registration authority an annual return for that school within one month of being requested to do so by the registration authority.

(2) Each annual return shall—

(a) be provided in writing;

(b) be made up to the date specified by the registration authority;

(c) contain the information specified in Part 4 of the Schedule; and

(d) contain a certificate signed by the proprietor or by a person authorised by him to give the certificate on his behalf that, to the best of his knowledge and belief, the statements made in the annual return are accurate.

Supply of information following dismissal, resignation etc.

8.—(1) Where the proprietor of a school—

(a) has ceased to use a person’s services on a ground—

(i) that the person is unsuitable to work with children;

(ii) relating to the person’s misconduct; or

(iii) relating to the person’s health where a relevant issue is raised, or

(b) might have ceased to use a person’s services on such a ground had the person not ceased to provide those services,

the proprietor shall report the facts of the case and provide all the information listed in Part 5 of the Schedule that is available to him in relation to such person to the Secretary of State.

(2) The proprietor of a school shall provide the Secretary of State such further information as may be requested by the Secretary of State which he considers relevant to the exercise of his functions under section 142 of the 2002 Act.

(3) For the purposes of paragraph (1)(a)(iii), a relevant issue is one which arises where the circumstances of the case, including occasions of conduct other than that in question, are such as to raise an issue concerning the safety and welfare of children.

Deletion of a school from the register

9.  If the registration authority is satisfied that the proprietor of a school has failed to comply with any requirement specified in regulation 6, 7 or 8 it may remove that school from the register.

Offence

10.  If the proprietor of a school fails to comply with any requirement specified in regulation 6, 7 or 8 he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Maximum number for existing schools

11.  In relation to any school which was registered before 1st September 2003, “the maximum number of pupils” for the purposes of section 162 of the 2002 Act shall become, on the date to which the 2004 annual return is made up, the number of pupils registered at the school on that date.

Revocation

12.  The Education (Particulars of Independent Schools) Regulations 1997(3) are hereby revoked.

David Miliband

Minister of State,

Department for Education and Skills

25th July 2003