46Material changes(1)

The Education and Skills Act 2008 is amended as follows.

(2)

In section 98 (applications for registration)—

(a)

in subsection (3)—

(i)

in paragraph (e), after “students” insert “, including under arrangements with other persons”;

(ii)

after paragraph (e) insert—(ea)

the address of buildings that the institution makes available for student use;

;

(b)

after subsection (3) insert—(3A)

For the purposes of subsection (3)(ea)—

(a)

“building” means any—

(i)

building,

(ii)

part of a building,

(iii)

permanent outdoor structure, or

(iv)

part of a permanent outdoor structure,

which is wholly or mainly enclosed;

(b)

a building is made available “for student use” by an institution if students at the institution are routinely present in the building—

(i)

to be provided with meals or accommodation by the institution, or

(ii)

to be provided with education by the institution and, while the education is being provided, the building is controlled by the institution.

(3B)

Regulations may make provision about what constitutes a type of special educational need for the purposes of subsection (3)(g) or section 101(2)(i).

(3)

In section 99 (determination of applications for registration), after subsection (5) insert— (6)

In relation to information supplied pursuant to section 98(3)(ea) (buildings used by students), subsection (5)(c) only requires the Secretary of State to include in the register the address of a building if it is different from the registered address of the institution.

(4)

In the italic heading before section 101 (material change), omit “to registered details”.

(5)

In section 101 (definition of “material change”), for subsections (2) and (3) substitute—(2)

“A material change” means any of the following—

(a)

a change of proprietor;

(b)

a change of registered address;

(c)

a change to the age range of students;

(d)

a change to the maximum number of students;

(e)

a change to whether the institution is for male or female students or both;

(f)

a change to whether the institution provides accommodation for students;

(g)

a change of the buildings made available for student use by the institution (within the meaning given by section 98(3A));

(h)

a change to whether the institution is a special institution;

(i)

in the case of a special institution, a change to the type or types of special educational needs for which the institution is specially organised to make special educational provision.

(2A)

For the purposes of subsection (2)(f) an institution providing accommodation includes providing it under arrangements with other persons (other than in connection with a residential trip away from the institution).

(2B)

Subsection (2)(g) does not include a change where—

(a)

the change is a building ceasing to be made available for student use,

(b)

the change is an excluded building being made available for student use, or

(c)

the change is reasonably expected by the proprietor to persist for a period of less than six months beginning with the day on which the change is made.

(2C)

A building is an “excluded building” if—

(a)

it is at the registered address of an independent educational institution, or

(b)

it is at a further address included in the register—

(i)

in accordance with section 99(5)(c), or

(ii)

following approval under this Chapter of a material change falling within subsection (2)(g).

(2D)

A change within subsection (2B)(c) becomes a material change if, at the beginning of the first day after the end of the six month period mentioned in that provision, it persists.

(6)

In section 102 (requirement to apply for approval for material change), after subsection (2) insert—(3)

Regulations may specify—

(a)

the information that must be contained in an application for approval under this section, and

(b)

the manner in which an application must be made.

(7)

For section 103 (inspections) substitute—

103Inspections relating to applications for approval(1)

Where an application for approval of a material change is made under section 102 or an appeal is brought under section 125(1)(b) against a decision not to approve a material change, the Secretary of State may direct the Chief Inspector to—

(a)

inspect the institution, and

(b)

make a report to the Secretary of State on all or particular matters that the Secretary of State must consider in determining the application (see section 104(1A) and (1B)).

(2)

Where such an application is made or such an appeal is brought, the Secretary of State may arrange for an independent inspectorate, which has been approved under section 106 in relation to the institution, to—

(a)

inspect the institution, and

(b)

make a report to the Secretary of State on all or particular matters that the Secretary of State must consider in determining the application.

(8)

In section 104 (determination of applications for approval)—

(a)

for subsection (1) substitute—(1)

This section applies where the proprietor of a registered independent educational institution makes an application under section 102 for approval of a material change.

(1A)

The Secretary of State must approve the change if—

(a)

the Secretary of State is satisfied that the independent educational institution standards are being met in relation to the institution at the time when the application is being decided, and

(b)

the Secretary of State is satisfied that the standards are likely to continue to be met if the change is made.

(1B)

If, at the time the Secretary of State decides the application, the Secretary of State is satisfied that the independent educational institution standards are not being met in relation to the institution, the Secretary of State—

(a)

must approve the change if satisfied that the standards are likely to be met immediately if the change is made;

(b)

may approve the change if satisfied—

(i)

that the standards are likely to be met within a reasonable time of the change being made, and

(ii)

that, during the period before the standards are met, the change is likely to be beneficial to the education, welfare or safety of students who attend, or who might attend, the institution.

;

(b)

in subsection (2)—

(i)

in the words before paragraph (a), for “subsection (1)” substitute “this section”;

(ii)

in paragraph (a), after “Chief Inspector” insert “or an independent inspectorate”;

(iii)

in paragraph (b), for “relating to the independent educational institution standards” substitute “that is relevant to the application”;

(c)

in subsection (3), for “subsection (1)” substitute “this section”;

(d)

in subsection (4), for “subsection (1) to refuse” substitute “this section not”.

(9)

In section 105 (powers where institution makes unapproved material change), in subsection (1)(c)(ii) for “has been refused” substitute “the Secretary of State has decided not to approve it”.

(10)

In section 125 (appeal by proprietor against other decisions of Secretary of State), in subsection (1)(b), for “104(1) (refusal” substitute “104 (decision not”.

(11)

In section 138 (interpretation), after subsection (2) insert—(3)

A reference in this Chapter to the registered address of an independent educational institution—

(a)

is a reference to the address included in the register in accordance with section 99(5)(a) or, where a change of that address is approved under this Chapter (see section 101(2)(b)), the new address;

(b)

is not a reference to any further addresses related to the institution and included in the register—

(i)

in accordance with section 99(5)(c), or

(ii)

following approval under this Chapter of a material change falling within section 101(2)(g).

(12)

In section 166 (orders and regulations), in subsection (6)(a), after “circumstances” insert “, purposes”.