49Powers of entry and investigation etc(1)

The Education and Skills Act 2008 is amended as follows.

(2)

Omit section 97 (unregistered independent educational institutions: inspection).

(3)

After section 127 insert—Powers of entry and investigation etc

127AReasonable cause required to exercise powers(1)

The Chief Inspector may exercise the powers of entry and investigation conferred by sections 127B to 127D if the Chief Inspector has reasonable cause to believe—

(a)

that a relevant offence is being or has been committed on the premises to be entered, or

(b)

that evidence of the commission of a relevant offence may be found on or accessed from the premises to be entered.

(2)

In this section and sections 127B to 127D “relevant offence” means an offence under—

(a)

section 96 (conducting an unregistered independent educational institution),

(b)

section 118 (failure to comply with relevant restriction imposed by Secretary of State),

(c)

section 118C (providing education at institution when registration is suspended),

(d)

section 118F (providing boarding accommodation in breach of stop boarding requirement),

(e)

section 121 (failure to comply with relevant restriction imposed by justice of the peace),

(f)

section 127 (failure to comply with relevant restriction imposed by Tribunal),

(g)

section 127F (obstruction of or failure to comply with investigation), or

(h)

paragraph 4 of Schedule A1 (breach of prevention order imposed following section 96 offence).

127BEntry without warrant and powers of investigation(1)

The Chief Inspector may, without a warrant, enter any premises (see also section 127C for entry to premises under warrant).

(2)

The power of entry must be exercised at a reasonable hour.

(3)

Before entering any premises under this section, the Chief Inspector must—

(a)

produce evidence of their identity, and

(b)

outline the purpose for which the power is exercised,

if asked to do so by a person on the premises.

(4)

On entering any premises under this section, the Chief Inspector may—

(a)

inspect the premises;

(b)

inspect and take copies of any document found on the premises;

(c)

inspect any equipment found on the premises;

(d)

take measurements of the premises or anything found on the premises;

(e)

take photographs and make audio and video recordings on the premises.

(5)

When entering premises under this section, the Chief Inspector may be accompanied by any person and bring anything to facilitate the exercise of a power conferred by subsection (4).

(6)

A person who accompanies the Chief Inspector under subsection (5) may only do something intended to facilitate the exercise of a power conferred by subsection (4) while—

(a)

in the company of the Chief Inspector, and

(b)

under the Chief Inspector’s supervision.

(7)

In this section and section 127D “document” means anything in which information of any description is recorded.

(8)

This section does not confer power to inspect or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (legally privileged material etc).

127CEntry under warrant(1)

The Chief Inspector may enter premises if authorised by a warrant under this section to do so.

(2)

A justice of the peace may issue a warrant under this section only if satisfied, on an application by the Chief Inspector, that the requirement in section 127A(1) (reasonable cause for belief) is met, and that—

(a)

entry to the premises under section 127B has been refused or is likely to be refused unless a warrant is produced,

(b)

it is not practicable to communicate with any person entitled to grant entry,

(c)

entering or attempting to enter the premises without a warrant may frustrate or seriously prejudice the purpose of entering, or

(d)

to investigate a relevant offence effectively, the powers of investigation conferred by section 127D(1) should be available to the Chief Inspector (in addition to those conferred by section 127B).

(3)

A warrant under this section may authorise the Chief Inspector to enter—

(a)

one or more premises specified in the application, or

(b)

any premises occupied or controlled by a person specified in the application (an “all premises warrant”).

(4)

If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)

that there are reasonable grounds for believing that it is necessary to enter premises occupied or controlled by the person which are not specified in the application to investigate a relevant offence effectively, and

(b)

that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and may need to be entered to investigate the offence effectively.

(5)

A warrant under this section authorises entry on one occasion only unless it specifies that it authorises multiple entries.

(6)

If the warrant authorises multiple entries, it must also specify whether the number of entries authorised is unlimited or limited to a specified maximum.

(7)

A warrant under this section—

(a)

authorises the Chief Inspector to exercise the powers of investigation conferred by section 127D(1)(a), and

(b)

may authorise the Chief Inspector to exercise the powers of investigation conferred by section 127D(1)(b) to (k) or particular powers.

(8)

The power of entry must be exercised at a reasonable hour unless the Chief Inspector considers that the purpose of entry and investigation may be frustrated by entry at a reasonable hour.

(9)

Before entering premises under a warrant, the Chief Inspector must—

(a)

produce evidence of their identity, and

(b)

outline the purpose for which the power is exercised,

if asked to do so by a person on the premises.

(10)

On entering premises under a warrant, the Chief Inspector must—

(a)

provide a copy of the warrant to the occupier or to any other person appearing to be in charge of the premises, or

(b)

if neither the occupier nor any such person is present, leave a copy of the warrant in a prominent place on the premises.

(11)

When entering premises under a warrant, the Chief Inspector may be accompanied by any person and bring anything to facilitate the exercise of a power conferred by section 127D(1).

(12)

A person who accompanies the Chief Inspector under subsection (11) may only do something intended to facilitate the exercise of a power conferred by section 127D(1) while—

(a)

in the company of the Chief Inspector, and

(b)

under the Chief Inspector’s supervision.

(13)

The following provisions of the Police and Criminal Evidence Act 1984 apply to a warrant under this section as though references there to a constable were to the Chief Inspector—

(a)

subsections (2) to (8) of section 15 (search warrants: safeguards);

(b)

subsections (3), (9), and (10) to (12) of section 16 (execution of warrants).

127DPowers of investigation following entry under warrant(1)

On entering any premises under a warrant issued under section 127C (and subject to any limitation imposed under section 127C(7)) the Chief Inspector may—

(a)

do anything that may be done under section 127B(4) (following an entry without warrant);

(b)

search the premises;

(c)

inspect any information capable of being viewed using equipment or a device on the premises;

(d)

require any person on the premises to produce any document in the person’s possession or control;

(e)

take copies of any document produced in response to a requirement under paragraph (d);

(f)

require any person on the premises to produce any information which is stored in electronic form and is accessible from the premises in a form in which it can be taken away and in which it is visible and legible (or from which it can readily be produced in a visible and legible form);

(g)

operate any equipment found on the premises for the purposes of producing such information in such a form;

(h)

take copies of anything produced under paragraph (f) or (g);

(i)

seize any document or equipment found on the premises, or anything produced in response to a requirement under paragraph (d) or (f) or produced under paragraph (g);

(j)

interview any person aged 18 or over on the premises where there is reasonable cause to believe that the person can provide information relating to a relevant offence, and require the person to provide any such information;

(k)

require any person on the premises to provide the Chief Inspector with whatever facilities and assistance within the person’s control are necessary to enable the Chief Inspector to exercise the powers conferred by this section.

(2)

The Chief Inspector may only exercise a power conferred by subsection (1)(b) to (k) for the purpose for which the warrant under section 127C was issued.

(3)

Anything seized under subsection (1)(e), (h) or (i) may be retained for so long as is necessary in all the circumstances.

(4)

Where the Chief Inspector exercises the power conferred by subsection (1)(j) to interview a person—

(a)

they may be interviewed either alone or in the presence of one or more other persons;

(b)

no answer which the person gives during the interview is admissible in evidence against the person, or the person’s spouse or civil partner, in any criminal proceedings.

(5)

Subsection (4)(b) does not apply in relation to proceedings for—

(a)

an offence under section 127F(4) (refusal to be interviewed or provide information during an interview),

(b)

an offence under section 5 of the Perjury Act 1911, or

(c)

another offence where, in giving evidence, the person makes a statement inconsistent with an answer given by them during the interview.

(6)

An answer may not be used against a person by virtue of subsection (5)(c) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of the person in the proceedings.

(7)

This section does not confer power to inspect, seize or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (legally privileged material etc), other than such of the following as is relevant to the investigation of a relevant offence—

(a)

material that is excluded material within the meaning of section 11(1)(a) of the Police and Criminal Evidence Act 1984;

(b)

material that is special procedure material within the meaning of section 14(2) of that Act.

127EPower of constable to assist(1)

The Chief Inspector may apply to a justice of the peace for a warrant authorising a constable to assist the Chief Inspector, using reasonable force if necessary, to—

(a)

enter premises mentioned in subsection (2) under a warrant issued under section 127C, or

(b)

exercise a power conferred by section 127D on premises mentioned in subsection (2).

(2)

The premises are—

(a)

one or more premises specified in the application, or

(b)

any premises occupied or controlled by a person specified in the application.

(3)

The justice may issue a warrant only if satisfied that the requirement in section 127A(1) (reasonable cause for belief) is met, and that—

(a)

the Chief Inspector has attempted to exercise a power conferred by section 127C or 127D but has been prevented from doing so,

(b)

the Chief Inspector reasonably expects to be prevented from exercising any such power if an attempt to do so is made, or

(c)

the purpose of exercising any such power may be frustrated unless the Chief Inspector, on arriving at the premises, can exercise the power immediately.

(4)

A warrant under this section must be issued to and executed by a constable.

(5)

Section 15 of the Police and Criminal Evidence Act 1984 (search warrants: safeguards) applies in relation to a warrant under this section as though references in subsections (2) and (4) to a constable were to the Chief Inspector.

127FOffences: obstruction etc(1)

A person commits an offence if they intentionally obstruct another person in the exercise of any power conferred by section 127B, 127C or 127D.

(2)

A person commits an offence if they intentionally fail to produce any document required under section 127D(1)(d).

(3)

A person commits an offence if they intentionally fail to produce any information required under section 127D(1)(f) in the form required under that paragraph.

(4)

A person commits an offence if they—

(a)

refuse to be interviewed under section 127D(1)(j), or

(b)

intentionally fail to provide any information required during the course of an interview under that paragraph.

(5)

A person commits an offence if they intentionally fail to comply with a requirement reasonably imposed under section 127D(1)(k) (power to require assistance).

(6)

In proceedings for an offence under any of subsections (2) to (5), it is a defence to show that the person had a reasonable excuse—

(a)

in the case of an offence under subsection (2), for failing to produce the document;

(b)

in the case of an offence under subsection (3), for failing to produce the information in the form required;

(c)

in the case of an offence under subsection (4)(a), for refusing to be interviewed;

(d)

in the case of an offence under subsection (4)(b), for failing to provide the information;

(e)

in the case of an offence under subsection (5), for failing to comply with the requirement.

(7)

A person is taken to have shown a fact mentioned in subsection (6) if—

(a)

sufficient evidence is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(8)

A person who commits an offence under this section is liable on summary conviction to a fine.

(4)

In section 138 (interpretation), after subsection (3) (inserted by section 46(11)) insert—(4)

A reference in this Chapter to an inspection of an institution does not include a reference to an inspection of premises carried out by the Chief Inspector in the course of exercising a power conferred by section 127B or 127D.

(5)

The Criminal Justice and Police Act 2001 is amended as follows.

(6)

In section 57(1) (retention of seized items), after paragraph (y) (inserted by the Border Security, Asylum and Immigration Act 2025) insert—(z)

section 127D(3) of the Education and Skills Act 2008.

(7)

In section 65 (meaning of “legal privilege”)—

(a)

after subsection (8C) insert—(8D)

An item which is, or is comprised in, property which has been seized in exercise or purported exercise of the power of seizure conferred by section 127D(1)(e), (h) or (i) of the Education and Skills Act 2008 is to be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of section 127D(7) of that Act.

;

(b)

in subsection (9)—

(i)

at the end of paragraph (e) omit “or”;

(ii)

at the end of paragraph (g) insert “, or”;

(iii)

after paragraph (g) insert—(h)

section 127D(1)(e), (h) or (i) of the Education and Skills Act 2008.

(8)

In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act applies), after paragraph 73Y (inserted by the Border Security, Asylum and Immigration Act 2025) insert—Education and Skills Act 200873Z

Each of the powers of seizure conferred by section 127D(1)(e), (h) and (i) of the Education and Skills Act 2008.