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The Independent Educational Provision in England (Inspection Fees) and Independent School Standards (Amendment) Regulations 2018

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Independent Educational Provision in England (Inspection Fees) and Independent School Standards (Amendment) Regulations 2018 and come into force on 1st April 2018.

(2) In these Regulations—

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

“progress monitoring inspection” has the meaning given in regulation 6(2);

“pupil” has the meaning given in section 3 of the Education Act 1996 (definition of pupil etc.)(1);

“relevant date” means 1st April 2018; and

“relevant institution” means an institution to which section 111 of the 2008 Act (fees for inspections by the Chief Inspector under Chapter 1)(2) applies.

Fees for inspections by the Chief Inspector

2.—(1) The proprietor of a relevant institution must pay to the Chief Inspector the overall inspection fee in respect of an inspection to which paragraph (2) applies.

(2) This paragraph applies in respect of an inspection of a relevant institution undertaken under section 109 of the 2008 Act (duty to inspect registered institution on direction of Secretary of State) which is to take place on or after the relevant date which is not—

(a)an inspection prompted by a complaint or allegation about that relevant institution;

(b)an inspection prompted by a request by the Tribunal in relation to an appeal to the Tribunal in relation to that relevant institution; or

(c)a progress monitoring inspection.

Composition of the overall inspection fee and time for payment

3.—(1) The overall inspection fee in respect of an inspection to which regulation 2 applies comprises three individual fees, each of which is to be paid within any one relevant period.

(2) In paragraph (1) “relevant period” means—

(a)the period of thirty-six months beginning with the relevant date; and

(b)each subsequent period of thirty-six months beginning immediately after the end of the previous thirty-six month period.

(3) The amount of each individual fee is determined according to the entry in column 2 of Table 1 which corresponds to the number of pupils attending the relevant institution specified in column 1 of that table.

(4) An individual fee payable under this regulation—

(a)must be paid no later than 28 days after the Chief Inspector gives the proprietor a notice requesting payment of that fee; and

(b)may be required to be paid before the inspection to which it relates takes place.

(5) When determining the number of pupils attending a relevant institution, only those pupils who are aged two or over on the date of the notice referred to in paragraph (4)(a) are to be taken into account.

Table 1

Column 1 (Number of pupils attending the relevant institution)Column 2 (Individual fee)
Fewer than 100£300 plus an additional £12 per pupil
100 or more but no more than 120£1,475
121 or more but no more than 150£1,475 plus, in respect of the 121st pupil and every pupil up to and including the 150th, an additional £12 per pupil
151 or more but no more than 399£1,999
400 or more£2,232

Fee not to be refunded where inspection does not take place

4.—(1) If an inspection in respect of which regulation 2 applies does not take place because the relevant institution is no longer registered(3), any fee paid in respect of that inspection in accordance with regulation 3 is not to be refunded.

(2) Where a notice under regulation 3(4)(a) has been given, the fee must be paid, regardless of whether the inspection takes place.

Fee for a pre-registration inspection

5.—(1) The proprietor of a relevant institution who applies, under section 98(1) of the 2008 Act (applications for registration), to the Secretary of State for the institution to be entered on the register must pay to the Chief Inspector a fee of £1,792 for each inspection undertaken under section 99 of the 2008 Act (determination of applications for registration).

(2) A fee in respect of an inspection to which paragraph (1) applies must be paid no later than 28 days after the Chief Inspector gives the proprietor a notice requesting payment of the fee.

Fees for progress monitoring inspections and time at which they must be paid

6.—(1) The proprietor of a relevant institution must pay to the Chief Inspector a fee in respect of an inspection to which paragraph (2) or paragraph (3) applies.

(2) This paragraph applies to an inspection (“a progress monitoring inspection”) of a relevant institution by the Chief Inspector which takes place on or after the relevant date and which is prompted by evidence, from an inspection other than one to which this paragraph applies, that one or more of the independent school standards is or are not being met in relation to that institution.

(3) This paragraph applies to a second or subsequent progress-monitoring inspection which takes place on or after the relevant date.

(4) A fee in respect of an inspection to which paragraph (2) or paragraph (3) applies must be paid no later than 28 days after the Chief Inspector gives the proprietor a notice requesting payment of the fee.

(5) For the purposes of this regulation, a reference to the “independent school standards” is—

(a)to standards prescribed by the Education (Independent School Standards) Regulations 2014(4); or

(b)in relation to early years provision for children who have attained the age of two, to the Early Years Foundation Stage within the meaning of section 39 of the Childcare Act 2006(5).

Amount of fees in respect of an inspection to which regulation 6 applies

7.—(1) The fee payable in respect of an inspection to which regulation 6 applies is determined in accordance with Table 2.

(2) When determining the number of pupils attending a relevant institution, only those pupils who are aged two or over on the date of the notice referred to in regulation 6(4) are to be taken into account.

Table 2

Number of pupils attending the relevant institutionFee payable in respect of an inspection to which regulation 6(2) appliesFee payable in respect of an inspection to which regulation 6(3) applies
150 or fewer£133 plus an additional £6 per pupil£300 plus an additional £13.50 per pupil
151 or more£1,100£2,499

Notifications

8.—(1) A notice given under regulation 3(4)(a), regulation 5(2) or regulation 6(4) must be sent to the proprietor either—

(a)by post; or

(b)electronically.

(2) If the notification is sent to the proprietor electronically it is to be treated as given only if—

(a)the proprietor had indicated to the Chief Inspector willingness to receive notification by electronic means and provided an address suitable for that purpose; and

(b)the notification was sent to that address.

Amendment of the Education (Independent School Standards) Regulations 2014

9.—(1) The Education (Independent School Standards) Regulations 2014 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)omit the definition of “the National Minimum Standards for Accommodation of Students under Eighteen by Further Education Colleges”; and

(b)in the definitions of “the National Minimum Standards for Boarding Schools” and “the National Minimum Standards for Residential Special Schools”, for “November 2012” in both places where it occurs, substitute “April 2015”.

(3) In paragraph 8(b) of Part 3 of the Schedule, omit “or the National Minimum Standards for Accommodation of Students under Eighteen by Further Education Colleges”.

Revocations and saving

10.—(1) The Education (Independent School Inspection Fees and Publication) (England) Regulations 2008(6) are revoked for all remaining purposes.

(2) The Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009(7) are revoked subject to the saving in paragraph (3).

(3) Where—

(a)a relevant institution was inspected on or after 1st September 2009 but before the relevant date; and

(b)the proprietor was required to pay a fee in relation to that inspection,

the Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009 continue to have effect in relation to the requirement to pay that fee.

Agnew

Parliamentary Under Secretary of State

Department for Education

16th February 2018

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