2022 No. 720

Education, England

The Coasting Schools (England) Regulations 2022

Made

Laid before Parliament

Coming into force

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by paragraph 3 of Schedule 1 to the Education Act 19961 and sections 60B(2) and (3) and 181(2)(a) of the Education and Inspections Act 20062.

Citation, commencement, extent and application1

1

These Regulations may be cited as the Coasting Schools (England) Regulations 2022 and come into force on 1st September 2022.

2

These Regulations extend to England and Wales and apply in relation to schools and units in England.

Interpretation2

In these Regulations—

a

“school” has the meaning given in section 4 of the Education Act 19963;

b

“unit” means a pupil referral unit within the meaning given in section 19 of that Act4.

Disapplication of coasting schools regime for certain descriptions of school3

Section 60B of the Education and Inspections Act 2006 does not apply to a maintained nursery school5.

Coasting schools4

1

A school is coasting6 for the purposes of section 60B(1) of the Education and Inspections Act 2006 where paragraph (2), (3), (4) or (5) applies in relation to the school.

2

This paragraph applies in relation to a school (“school A”) where school A—

a

has had two or more section 5 inspections;

b

at its most recent section 5 inspection, was awarded by the Chief Inspector a grade of “requires improvement” for the quality of education provided in that school; and

c

in the section 5 inspection that took place before the inspection referred to in sub-paragraph (b), was awarded by the Chief Inspector a grade of “requires improvement”, “satisfactory” or “inadequate” for the quality of education provided in that school.

3

This paragraph applies in relation to a school (“school B”) where school B—

a

has had only one section 5 inspection;

b

in that inspection was awarded by the Chief Inspector a grade of “requires improvement” for the quality of education provided in that school;

c

has one predecessor school; and

d

in the last section 5 inspection of the predecessor school, the predecessor school was awarded by the Chief Inspector a grade of “requires improvement”, “satisfactory” or “inadequate” for the quality of education provided in that school.

4

This paragraph applies in relation to a school (“school C”) where school C—

a

has had only one section 5 inspection;

b

in that inspection was awarded by the Chief Inspector a grade of “requires improvement” for the quality of education provided in that school;

c

has two or more predecessor schools; and

d

in the most recent section 5 inspection of each of those predecessor schools, each predecessor school was awarded by the Chief Inspector a grade of “requires improvement”, “satisfactory” or “inadequate” for the quality of education provided in that school.

5

This paragraph applies in relation to a school (“school D”)—

a

where school D is in a chain;

b

where school D has had only one section 5 inspection;

c

in that inspection was awarded by the Chief Inspector a grade of “requires improvement” for the quality of education provided in that school;

d

where its predecessor school has not been subject to a section 5 inspection; and

e

in the most recent section 5 inspection of a relevant school, that school was awarded by the Chief Inspector a grade of “requires improvement”, “satisfactory” or “inadequate” for the quality of education provided in the school.

6

For the purposes of this regulation, a predecessor school is a school that—

a

has been discontinued; and

b

upon discontinuation was replaced by school B, school C or school D.

7

For the purposes of paragraph (5), school D is in a chain since—

a

it has one predecessor school; and

b

the predecessor school replaced at least one relevant school.

8

For the purpose of construing paragraph (7), “relevant school” means a school in the chain other than school D or its predecessor school.

9

In this regulation a “section 5 inspection” means an inspection under section 5 of the Education Act 20057.

Amendment of Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 20075

1

The Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 20078 are amended as follows.

2

In regulation 2(1), (interpretation) in the definition of “eligible for intervention”, before sub-paragraph (a) insert—

za

the circumstances set out in section 60B of the Education and Inspections Act 2006 apply in relation to the unit;

Amendment of the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 20076

1

The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 20079 are amended as follows.

2

In Schedule 1—

a

before paragraph 23 insert—

22A

1

Section 60B of the Education and Inspections Act 2006 applies in relation to units as it applies in relation to maintained schools with the following modifications.

2

Section 60B has effect as if—

a

for subsection (1) there were substituted—

1

A unit is by virtue of this section eligible for intervention if—

a

the unit is coasting, and

b

the Secretary of State has notified the management committee that it is coasting.

b

subsections (2) and (3) were omitted.

b

in paragraph 23C (application of section 4 of the Academies Act 2010 to units), for sub-paragraph (2) substitute—

2

Subsection (1) has effect as for it there were substituted—

1

The Secretary of State may make an Academy order in respect of a unit in England if—

a

an application in respect of the unit is made under section 3; or

b

the unit is eligible for intervention, within the meaning of Part 4 of the Education and Inspections Act 2006, by virtue of section 60B of that Act (coasting schools).

c

omit paragraph 23D(3)(a) (application of section 5 of the Academies Act 2010 to units);

d

omit paragraph 23DA(2)(a) (application of section 5B of the Academies Act 2010 to units);

e

omit paragraph 23DB(2)(a) (application of section 5C of the Academies Act 2010 to units);

f

in paragraph 23DC (application of section 5D of the Academies Act 2010 to units), omit the words after “maintained schools”;

g

in paragraph 23DD (application of section 5E of the Academies Act 2010 to units), in the modification made by paragraph (3)(b), after “set out in” insert “section 60B,”;

h

after paragraph 30 insert—

Coasting Schools (England) Regulations 202231

Regulation 4 of the Coasting Schools (England) Regulations 2022 applies in relation to a unit as if for—

a

“school” in each place there were substituted “unit”; and

b

“schools” in each place there were substituted “units”.

Revocation7

The Coasting Schools (England) Regulations 201710 are revoked.

BarranParliamentary Under Secretary of StateDepartment for Education
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in respect of coasting schools. Regulation 3 provides that the regulations do not apply in relation to maintained nursery school.

Regulation 4 provides, for the purposes of section 60B of the Education and Inspections Act 2006 (c. 40), a new definition of the circumstances in a which a school to which that section applies is deemed to be coasting.

Regulations 5 and 6 respectively provide for the application, with modifications, of this new definition of coasting school to pupil referral units, by way of amendments to the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007 (S.I. 2007/2978) and the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979).

Regulation 7 revokes the Coasting Schools (England) Regulations 2017 (S.I. 2017/9).

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