Part 10

Independent schools
Chapter 1

Regulation of independent schools

Requirement of registration

Unregistered schools
159
1
A person who conducts an independent school which is not a registered school is guilty of an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to—
a
a fine not exceeding level 5 on the standard scale, or
b
imprisonment for a term not exceeding six months,
or to both.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where the Chief Inspector has reasonable cause to believe that an offence under subsection (1) is being committed on any premises, he may at any reasonable time—
a
enter and inspect the premises, and
b
inspect and take copies of any records or other documents which he has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.
5
Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (4)(b).
6
It is an offence wilfully to obstruct the Chief Inspector in the exercise of his functions under subsection (4).
7
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
S. 159 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4
S. 159 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III
Words in s. 159(5) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 29; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1
S. 159(3) repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 172(3), 188(2), Sch. 18 Pt. 2