The Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009 and come into force on 1st September 2009.

(2) These Regulations apply to independent educational institutions in England which are independent schools, and in these Regulations “school” means an independent school.

(3) In these Regulations—

“the 2002 Act” means the Education Act 2002;

“the 2008 Act” means the Education and Skills Act 2008;

“large school” means a school which, in the calendar year in question, has more than 150 pupils who have attained the age of three;

“small school” means a school which, in the calendar year in question, has 150 or fewer pupils who have attained the age of three.

(4) In these Regulations a reference to an inspection—

(a) where it takes place before the date on which sections 108 and 109 of the 2008 Act come into force for all purposes in relation to independent schools, is to an inspection conducted under section 162A(1)(a) of the 2002 Act;

(b) where it takes place on or after that date, is to an inspection—

(i) under section 108 of the 2008 Act, in the case of an inspection to which regulation 2 applies, or

(ii) under section 109 of the 2008 Act, in the case of an inspection to which regulation 6 applies.

(5) In these Regulations a reference to the number of pupils of a school who have attained the age of three in relation to a calendar year is a reference to the number of registered pupils at the school who—

(a) attained that age during the period of 12 months ending with the 31st August immediately preceding the calendar year in question; and

(b) are registered pupils at the school on the annual return date for the school for the calendar year in question.

(6) In paragraph (5)—

“annual return” means the annual return required by regulations under section 168 of the Education Act 2002(1);

“annual return date” means the date to which the annual return is to be made up.

(1)

At the time of making these Regulations the relevant regulations were the Education (Provision of Information by Independent Schools) (England) Regulations 2003, S.I. 2003/1934, amended by S.I. 2004/3373.