Part 4

Regulation and inspection of independent educational provision in England
Chapter 1

Independent educational institutions in England

Appeals

Appeal by proprietor against order of justice of the peace
126
1
The proprietor of a registered independent educational institution may appeal to the Tribunal against the making of an order under section 120 (order of justice of the peace in an emergency).
2
On an appeal under this section the Tribunal may—
a
confirm the making of the order,
b
direct that the order is to cease to have effect, or
c
direct that the order is to cease to have effect and make an order—
i
imposing a relevant restriction on the proprietor of the institution, or
ii
requiring the Secretary of State to remove the institution from the register on such date as the Tribunal may specify or, if it does not specify a date, from such date as the Secretary of State may determine.
3
Subsection (4) applies where—
a
an appeal is brought under this section against an order that the institution be removed from the register, and
b
the Tribunal directs that the order is to cease to have effect.
4
The institution—
a
must be restored to the register by the Secretary of State, and
b
is to be treated as if it had not been removed from the register in pursuance of the order.
Pt. 4 Ch. 1 modified (22.12.2014) by The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014 (S.I. 2014/3364), art. 3(2)
S. 126 in force at 5.1.2015 in so far as not already in force by S.I. 2014/3364, art. 2(t)
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(e), 70(2); S.I. 2018/346, reg. 4(e)
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(e), 70(2); S.I. 2018/346, reg. 4(f)