The Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about fees to be paid by independent educational institutions under Chapter 1 of Part 4 of the Education and Skills Act 2008 (“the Act”). The fees are for inspections by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”). These Regulations are concerned with independent educational institutions that are independent schools within the meaning in section 463 of the Education Act 1996 but are not Academies, city technology colleges or city colleges for the technology of the arts. Independent schools are registered by the Secretary of State.

Regulation 2 contains the duty on the proprietor of a school to pay a fee for an inspection by the Chief Inspector. In respect of any inspection other than those described in the next sentence the proprietor will be required to pay a fee in each of three calendar years. The exceptions relate to the first inspection of a school after it has become registered, an inspection in response to a complaint and an inspection resulting from a request from the First-tier Tribunal. The fees may be payable in advance of the inspection. In any year the fee becomes payable 28 days after the proprietor is notified by the Chief Inspector requesting the fee (see also regulation 8).

The amount of the fee to be paid is determined under regulation 3. The fee varies depending on two factors. First, whether or not the school is a large school (more than 150 pupils) and secondly, whether or not the Secretary of State has exercised the discretion for the fee to be on the reduced tariff. Small schools pay a fee which is dependent, in part, on the number of pupils in the school.

Regulation 4 provides that a fee is not refundable if it has been paid in advance and the inspection does not take place because the school closes. It also provides that where payment of a fee has been requested in relation to that inspection the requirement to pay the fee is unaffected by the fact that the inspection d`oes not take place.

Regulation 5 confers a power to waive a fee in whole or in part. The power will be exercised in the circumstances set out, namely that the proprietor has paid in advance under regulations under the Education Act 2002 (“the 2002 Act”). In effect the provision allows for the fees under these Regulations to be abated to take account of payment already made.

Regulation 6 is concerned with fees for “follow-up” inspections, where a further inspection is carried out following an inspection which has ascertained that the school is not complying fully with the standards prescribed under the 2002 Act. Regulation 7 explains how the amount of those fees is to be determined.

Regulation 8 makes provision about how notifications from the Chief Inspector under regulation 2 or 6 are to be sent to proprietors. Regulation 9 contains revocations and savings.

An impact assessment of the effect this instrument will have on the costs of business and the voluntary sector is available from Margaret Pattinson, Department for Children, Schools and Families, Mowden Hall, Staindrop Road, Darlington DL3 9BG and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).