http://www.legislation.gov.uk/ukpga/2002/32/section/167/madeEducation Act 2002Voluntary controlled schoolsVoluntary aided schoolsState schoolsSchool performance and standardsSchool term datesKing's Printer of Acts of Parliament2021-08-03
Education Act 2002s. 85 85AEducation and Inspections Act 2006s. 74(1)s. 188(3)Education Act 2002s. 86(1)Education and Inspections Act 2006s. 74(2)(c)s. 188(3)Education Act 2002s. 86(2)Education and Inspections Act 2006s. 74(2)(c)s. 188(3)Education Act 2002s. 88(2)-(7)Education and Inspections Act 2006s. 74(3)s. 188(3)Education Act 2002s. 29(2A)-(2D)Apprenticeships, Skills, Children and Learning Act 2009s. 260(4)s. 269(3)Education Act 2002s. 85A(5)Apprenticeships, Skills, Children and Learning Act 2009Sch. 12 para. 34s. 269(4)art. 2Sch. 1Education Act 2002specified provision(s)The Education Act 2002 (Commencement No. 6 and Transitional and Saving Provisions) (Amendment) Order 2005art. 2Education Act 2002s. 85AEducation Act 2011s. 31(2)s. 82(2)(b)Education Act 2002s. 29BEducation and Skills Act 2008s. 157s. 173(3)(4)Education Act 2002s. 210AEducation and Skills Act 2008Sch. 1 para. 79s. 173(3)(4)Education Act 2002specified provision(s)The Education (Hazardous Equipment and Materials) (England) Regulations 2004Sch.Education Act 2002s. 141A(1)(bb)-(bf)Children’s Wellbeing and Schools Act 2026s. 52(2)(a)(ii)s. 78(5)Education Act 2002s. 141B(3A)Children’s Wellbeing and Schools Act 2026s. 52(4)(b)s. 78(5)Education Act 2002s. 122A(10A)Children’s Wellbeing and Schools Act 2026Sch. 3 para. 6s. 78(2)(i)(5)Education Act 2002s. 27(1A)Children, Schools and Families Act 2010s. 4(1)s. 27s. 29(5)Education Act 2002s. 88(7)The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010Sch. 1 para. 45 Sch. 2 Pt. 1art. 2(3)art. 1(2)(a)(b)Education Act 2002s. 142(9)(b)The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010Sch. 2 para. 11(10)(b)art. 1Education Act 2002Pt. 8AEmployment Rights Act 2025Sch. 4 para. 1Contains power in ss. 148B, 148H, 148J, 148K, 148N, 148Os. 159(3)Education Act 2002Sch. 12AEmployment Rights Act 2025Sch. 4 para. 2Sch. 4 para. 5s. 159(3)Education Act 2002Sch. 2 para. 10AEmployment Rights Act 2025Sch. 4 para. 4(a)s. 159(3)
Part 10Independent schoolsChapter 1Regulation of independent schoolsEnforcement of standards after registrationDetermination of appeals
167
1
This section applies where an appeal is made under section 166 to the tribunal established under section 9 of the Protection of Children Act 1999 (c. 14).
2
In the case of an appeal against a refusal under section 162 to approve a material change, the tribunal may—
a
uphold the refusal to approve, or
b
itself approve the change.
3
In the case of an appeal against a determination under section 165 to remove the school from the register, the tribunal may—
a
uphold the determination, or
b
revoke the determination.
4
Where under subsection (3)(a) the tribunal upholds a determination, the registration authority shall remove the school from the register on such date as the tribunal may specify or, if it does not specify a date, on such date as the registration authority may determine.
5
Where under subsection (3)(b) the tribunal revokes a determination, it may order the proprietor of the school to do one or more of the following by such time as may be specified in the order—
a
to cease using any part of the school premises for all purposes or purposes specified in the order;
b
to close any part of the school’s operation;
c
to cease to admit any new pupils, or new pupils of a description specified in the order.
6
In the case of an appeal against an order under section 165(8) requiring the taking of specified action, the tribunal may—
a
uphold the order,
b
vary the order, or
c
strike down the order.
7
In the case of an appeal against a refusal under section 165(10) to vary or revoke an order under section 165(8), the tribunal may—
a
uphold the refusal, or
b
if in any case it is satisfied that it is appropriate to do so because of any change of circumstance after the making of the order—
i
vary the order in such manner as it thinks fit, or
ii
revoke the order.
8
The tribunal may, on the application of the proprietor of a registered school, vary or revoke any order made by it under subsection (5) in relation to the school where it is satisfied that it is appropriate to do so because of any change of circumstance.
9
If the proprietor of a school fails to comply with an order of the tribunal under subsection (5)—
a
he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and
b
the tribunal may, on the application of the registration authority, authorise the registration authority to remove the school from the register on such date as the tribunal may determine.