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The Independent Educational Provision in England (Provision of Information) and Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2018

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations replace the Education (Independent Educational Provision in England) (Provision of Information) Regulations 2010 (“the 2010 Regulations”) and in so doing set out the requirements for an application for registration, an initial return and an annual return.

These Regulations amend (at regulation 10) the Non-Maintained Special Schools (England) Regulations 2015 to reflect the updating of the National Minimum Standards and the Quality Standard for children’s homes.

These Regulations also amend (at regulation 11) the Education (Independent School Standards) Regulations 2014 to require sufficient checks of supply staff who live, or have lived, outside the United Kingdom to be undertaken. This requirement already exists for other members of school staff.

Some of the main differences between these Regulation and the 2010 Regulations they replace are set out as follows.

Regulation 5(2)(a) requires an initial return to be made up to the date specified by the Secretary of State. This requirement already exists for annual returns.

In addition to the information previously required of various individuals and bodies, email addresses and, in the case of individuals, national insurance numbers are also required under these regulations.

Paragraph 2(5) of the Schedule requires a statement of the proprietor’s (or chair’s where the proprietor is a body of persons) employment history for the previous five years and a photograph of that person (but not for an annual return).

Paragraph 3(5) of the Schedule requires the number of beds available for boarding students to be provided (but not for an annual return).

Paragraph 3(18) of the Schedule requires whether the school is registered as a children’s home, and, if so, the registration number, to be provided.

Paragraph 4(2)(a) of the Schedule requires the number of beds available for boarding students to be provided.

Paragraph 5(1)(a) of the Schedule requires the number of students for whom a local authority maintain a statement of special educational needs to be provided.

Paragraph 12 of the Schedule requires, where the proprietor is a body of persons, the name and address of the chair of the body to be provided.

Paragraph 13 of the Schedule requires the name of the head teacher to be provided.

Regulation 8 revokes the 2010 Regulations but saves them to apply in relation to initial and annual returns requested before the coming into force of these Regulations.

A full impact assessment has not been produced for this instrument as no significant impact on the business, public or voluntary sectors is foreseen.

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