Education Act 1996

Part VII E+W Independent Schools

Chapter I E+W Preliminary

463 Meaning of “independent school”. E+W

In this Act “independent school” means any school at which full-time education is provided for five or more pupils of compulsory school age (whether or not such education is also provided at it for pupils under or over that age) and which is not—

(a) a school maintained by a local education authority, [F1 or]

(b) a special school not so maintained, F2 . . .

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in s. 463(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 124(a) (with ss. 1 38(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F2 Word in s. 463(b) repealed (1.9.1999) by virtue of 1998 c. 31, s. 140(1)(3), Sch. 30 para. 124(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F3 S. 463(c) repealed (1.9.1999) by virtue of 1998 c. 31, s. 140(1)(3), Sch. 30 para. 124(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), SCh. 1.

Chapter II E+W Registration of independent schools

Registration E+W

464 Separate registration for England and for Wales. E+W

(1) A register of all independent schools in England shall be kept by an officer of the Secretary of State who is appointed by the Secretary of State to be Registrar of Independent Schools for England.

(2) A register of all independent schools in Wales shall be kept by an officer of the Secretary of State who is appointed by the Secretary of State to be Registrar of Independent Schools for Wales.

(3) Each register shall be open to public inspection at all reasonable times.

(4) In this Part “the Registrar of Independent Schools” (or “the Registrar”) means—

(a) in relation to a school in England, the Registrar of Independent Schools for England, and

(b) in relation to a school in Wales, the Registrar of Independent Schools for Wales,

and references, in relation to a school, to the register or to registration are to the register kept by the relevant Registrar or to registration in that register.

465 Provisional and final registration of a school. E+W

(1) Subject to subsection (2), the Registrar of Independent Schools shall enter in the register the name of any independent school whose proprietor—

(a) makes an application for registration in such manner as may be prescribed, and

(b) provides such particulars as may be prescribed.

(2) A school shall not be registered if—

(a) by virtue of an order made under section 470 or 471, the proprietor is disqualified from being the proprietor of an independent school or the school premises are disqualified from being used as a school, or

(b) the school premises are used or proposed to be used for any purpose for which they are disqualified by virtue of such an order.

(3) The registration of a school shall initially be provisional only, and shall remain so until such time as the Secretary of State, after the school has been inspected on his behalf under Part I of the M1 School Inspections Act 1996, gives notice to the proprietor that the registration is final.

(4) In this Part—

• “provisionally registered school” means an independent school whose registration is provisional only, and

• “registered school” means an independent school whose registration is final.

(5) In this section “proprietor”, in relation to a school, includes any person or body of persons proposing to be the proprietor.

Marginal Citations

M1 1996 c. 57.

466 Enforcement of registration: offences. E+W

(1) Subject to subsection (2), a person is guilty of an offence if he conducts an independent school which is not a registered school or a provisionally registered school.

(2) A person is not guilty of an offence under subsection (1) by reason of conducting a school at any time within the period of one month from the date on which it was first conducted (whether by that person or another) if an application for the registration of the school has been duly made under section 465 within that period.

(3) The proprietor of an independent school is guilty of an offence if, while it is a provisionally registered school, he does any act calculated to lead to the belief that it is a registered school.

467 Provision of information about registered and provisionally registered schools. E+W

(1) Regulations may make provision for requiring the proprietor of a registered or provisionally registered school to provide the Registrar of Independent Schools from time to time with such particulars relating to the school as may be prescribed.

(2) Regulations made under this section may in particular require the proprietor of a school to furnish the Registrar with such information as is required by the local authority for the purpose of determining whether the school is a children’s home (within the meaning of the [F4 Care Standards Act 2000].

(3) Regulations may make provision for enabling the Secretary of State to order the deletion from the register of the name of any school in respect of which any requirement imposed by or under regulations made under this section is not complied with.

(4) Subsection (9) of section 537 (general power of Secretary of State to require information from governing bodies etc.) confers power on the Secretary of State to make similar provision in relation to non-compliance with any requirement imposed by or under regulations under that section.

Textual Amendments

F4 Words in s. 467(2) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 24(2); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(2), Schs. 1-3 and with art. 3(4)-(10))

468 School may be struck off for contravention of regulations about employment of teachers. E+W

Where the Secretary of State is satisfied that a person whose employment is prohibited or restricted by virtue of regulations under section 218(6) of the M2 Education Reform Act 1988 (employment prohibited or restricted on medical grounds or for misconduct etc.)—

(a) is employed in a registered or provisionally registered school in contravention of those regulations, or

(b) is the proprietor of such a school,

he may order that the school be struck off the register or (as the case may be) that the Registrar is not to register the school.

[F5 (2) Where the Secretary of State is satisfied that a person who is included (otherwise than provisionally) in the list kept under section 1 of the M3 Protection of Children Act 1999 (individuals considered unsuitable to work with children) or is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (disqualification from working with children)—

(a) is employed in a registered or provisionally registered school, or

(b) is the proprietor of such a school,

he may order that the school be struck off the register or (as the case may be) that the Registrar is not to register the school.]

Textual Amendments

F5 S. 468(2) inserted (11.1.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 128; S.I. 2000/3302, art. 2(b)

Marginal Citations

M2 1988 c. 40.

M3 1999 c. 14.

Complaints about registered and provisionally registered schools E+W

469 Notice of complaint by Secretary of State. E+W

(1) This section applies where the Secretary of State is satisfied that one or more of the following grounds of complaint apply in relation to a registered or provisionally registered school—

(a) the school premises or any parts of them are unsuitable for a school;

(b) the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages, and sex of the pupils attending the school;

(c) efficient and suitable instruction is not being provided at the school having regard to the ages and sex of the pupils attending it;

[F6 (d) the proprietor of the school or any teacher or other employee employed in the school—

(i) is unsuitable to work with children; or

(ii) is for any other reason not a proper person to be the proprietor of an independent school or (as the case may be) to be a teacher or other employee in any school;]

(e) there has been a failure, in relation to a child provided with accommodation by the school, to comply with the duty imposed by section 87 of the M4 Children Act 1989 (welfare of children accommodated in independent schools).

(2) The Secretary of State shall serve on the proprietor of the school a notice of complaint stating the grounds of complaint which apply together with full particulars of the matters complained of.

(3) Unless any of those matters are stated in the notice to be in the opinion of the Secretary of State irremediable, the notice shall specify—

(a) the measures necessary in the opinion of the Secretary of State to remedy those matters, and

(b) the time, not being less than six months after the service of the notice, within which those measures are required to be taken.

(4) If it is alleged by the notice that a person employed as a teacher or other employee at the school is [F7 unsuitable to work with children or is for any other reason] not a proper person to be a teacher or other employee in any school—

(a) that person shall be named in the notice,

(b) the particulars given in the notice shall specify the grounds of the allegation, and

(c) a copy of the notice shall be served on him.

(5) Any notice of complaint, or copy of a notice of complaint, served under this section shall limit the time, not being less than one month after the service of the notice or copy, within which the complaint may be referred to an Independent Schools Tribunal under section 470.

(6) In this section and sections 470 to 473 “employee” means a person employed in work which brings him regularly into contact with persons who have not attained the age of 19.

Textual Amendments

F6 S. 469(1)(d) substituted (2.10.2000) by 2000 c. 14, s. 100(1); S.I. 2000/2544, art. 2(2)(d)

F7 Words in s. 469(4) inserted (1. 4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 24(3); S. I. 2002/920, {art.

2, 3(3)(d)} (subject to savings and transitional provisions in Schs. 1-3)

Marginal Citations

M4 1989 c. 41.

470 Determination of complaint by an Independent Schools Tribunal. E+W

(1) Any person on whom a notice of complaint or copy of a notice of complaint is served under section 469 may, within the time limited by the notice or copy, appeal against the notice by referring the complaint to an Independent Schools Tribunal.

(2) On the complaint being so referred, the tribunal, after giving all parties concerned an opportunity of being heard and after considering such evidence as may be tendered by them or on their behalf, may—

(a) order that the complaint be annulled;

(b) order that the school to which the complaint relates be struck off the register;

(c) order that the school be so struck off unless the requirements of the notice (subject to such modifications, if any, as may be specified in the order) are complied with to the satisfaction of the Secretary of State before the expiry of such time as may be specified in the order;

(d) if satisfied—

(i) that any premises alleged by the notice to be unsuitable for use as a school are in fact unsuitable for such use, or

(ii) that any part of such premises is in fact unsuitable for such use,

by order disqualify the premises, or that part, from being so used;

(e) if satisfied that the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages and sex of the pupils attending the school, by order disqualify the premises from being used as a school for pupils exceeding such number or of such age or sex as may be specified in the order;

[F8 (f) if satisfied that any person alleged by the notice of complaint to be a person who—

(i) is unsuitable to work with children; or

(ii) is for any other reason not a proper person to be the proprietor of an independent school or to be a teacher or other employee in any school,

is in fact such a person, by order disqualify that person from being the proprietor of any independent school or (as the case may be) from being a teacher or other employee in any school.]

Textual Amendments

F8 S. 470(2)(f) substituted (2.10.2000) by 2000 c. 14, s. 100(2); S.I. 2000/2544, art. 2(2)(d)

471 Determination of complaint by Secretary of State. E+W

(1) Where—

(a) a notice of complaint has been served on the proprietor of a school under section 469, and

(b) the complaint is not referred by him to an Independent Schools Tribunal under section 470 within the time limited by the notice,

the Secretary of State may (subject to subsection (2)) make any order which such a tribunal would have had power to make if the complaint had been so referred.

(2) If—

(a) it is alleged by the notice that a person employed as a teacher or other employee at the school is [F9 unsuitable to work with children or is for any other reason] not a proper person to be a teacher or other employee in any school, and

(b) that person has, within the time limited by the copy of the notice served on him, referred the complaint to an Independent Schools Tribunal under section 470,

the Secretary of State may not make an order disqualifying him from being a teacher or other employee in any school.

Textual Amendments

F9 Words in s. 471(2)(a) inserted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 24(4); S. I. 2002/920, {arts. 2, 3(3)(d)} (subject to savings and transitional provisions in Schs. 1-3)

472 Effect of personal disqualification. E+W

Where, by virtue of an order made—

(a) by an Independent Schools Tribunal under section 470, or

(b) by the Secretary of State under section 471,

a person is disqualified either from being the proprietor of an independent school or from being a teacher or other employee in any school, then (unless the order otherwise directs) he shall by virtue of the order be disqualified both from being the proprietor of an independent school and from being a teacher or other employee in any school.

473 Enforcement of disqualification. E+W

(1) A person is guilty of an offence if he uses any premises for purposes for which they are disqualified by virtue of an order made under section 470 or 471.

(2) A person is guilty of an offence if he—

(a) acts as the proprietor of an independent school, or

(b) accepts or endeavours to obtain employment as a teacher or other employee in any school,

while he is disqualified from so acting or from being so employed by virtue of an order made under section 470 or 471.

[F10 473A Removal of disqualification: persons no longer unsuitable to work with children. E+W

(1) Subject to section 473B, a person to whom this section applies may make an application under this section to the Tribunal.

(2) This section applies to any person who is disqualified, by an order made under section 470 or 471 on the grounds that he is unsuitable to work with children—

(a) from being the proprietor of any independent school; or

(b) from being a teacher or other employee in any school.

(3) On an application under this section the Tribunal shall determine whether or not the individual shall continue to be subject to the order.

(4) If the Tribunal is satisfied that the individual is no longer unsuitable to work with children, it shall direct that the order shall cease to have effect; otherwise it shall dismiss the application.

(5) In this section and section 473B, “the Tribunal” means the tribunal established by section 9 of the M5 Protection of Children Act 1999.]

Textual Amendments

F10 Ss. 473A, 473B inserted (11.1.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 129; S.I. 2000/3302, art. 2(b)

Marginal Citations

M5 1999 c. 14.

F11 473B Conditions for application under section 473A. E+W

(1) A person may only make an application under section 473A with the leave of the Tribunal.

(2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the person’s case.

(3) In the case of a person who was a child when the order was made, the appropriate conditions are satisfied if—

(a) at least five years have elapsed since the order was made; and

(b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application.

(4) In the case of any other person, the appropriate conditions are satisfied if—

(a) at least ten years have elapsed since the order was made; and

(b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.

(5) The Tribunal shall not grant an application under this section unless it considers—

(a) that the person’s circumstances have changed since the order was made, or, as the case may be, since he last made an application under this section; and

(b) that the change is such that leave should be granted.

Textual Amendments

F11 Ss. 473A, 473B inserted (11.1.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 129; S.I. 2000/3302. art. 2(b)

474 [F12 Removal of disqualification: other cases]. E+W

(1) If on the application of any person the Secretary of State is satisfied that any disqualification imposed by an order made under section 470 or 471 is, by reason of any change of circumstances, no longer necessary, he may by order remove the disqualification .

[F13 But this subsection does not apply in relation to the disqualification of a person to whom section 473A applies.]

(2) Any person who is aggrieved by the refusal of the Secretary of State to remove any such disqualification may appeal to an Independent Schools Tribunal within such time after the refusal has been communicated to him as may be limited by rules made under section 476.

Textual Amendments

F12 S. 474: sidenote substituted (11.1.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 130(b); S.I. 2000/3302, art. 2(b)

F13 Words inserted (11.1.2001) at the end of s. 474(1) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 130(a); S.I. 2000/3302, art. 2(b)

475 Duty of Registrar to comply with order for the deletion of a school from the register. E+W

Where an order directing that a school be struck off the register is made—

(a) by the Secretary of State under section 468 or 471, or

(b) by an Independent Schools Tribunal under section 470,

the Registrar of Independent Schools shall strike the school off the register as from the date on which the direction takes effect.

Independent Schools Tribunals E+W

476 Constitution and proceedings of Independent Schools Tribunals. E+W

(1) Schedule 34 has effect in relation to the constitution of Independent Schools Tribunals and the remuneration of their members.

(2) The Lord Chancellor may, with the concurrence of the Lord President of the Council, make rules as to—

(a) the practice and procedure to be followed with respect to the constitution of Independent Schools Tribunals;

(b) the manner of making appeals to such tribunals; and

(c) proceedings before such tribunals and matters incidental to or consequential on such proceedings.

(3) The rules may, in particular, make provision—

(a) requiring such a tribunal to sit at such places as may be directed in accordance with the rules; and

(b) as to appearance before such tribunals by counsel or a solicitor.

(4) Part I of the M6 Arbitration Act 1996 shall not apply to any proceedings before an Independent Schools Tribunal, except so far as any provisions of that Act may be applied, with or without modifications, to such proceedings by the rules.

(5) Every order of an Independent Schools Tribunal shall be registered by the Registrar of Independent Schools and shall be open to public inspection at all reasonable times.

Marginal Citations

M6 1996 c. 23.

Supplementary E+W

477 Disqualification in Scotland. E+W

For the purposes of this Part, except section 474, a person who is disqualified by an order made (or having effect as if made) under section 100 of the M7 Education (Scotland) Act 1980—

(a) from being the proprietor of an independent school within the meaning of that Act, or

(b) from being a teacher in any school,

shall be taken to be disqualified from being the proprietor of an independent school within the meaning of this Act, or (as the case may be) from being a teacher in any school, by virtue of an order made under section 470 or 471.

Marginal Citations

M7 1980 c. 44.

478 Offences: institution of proceedings and punishment. E+W

(1) No proceedings shall be instituted for an offence under section 466 or 473 except by or on behalf of the Secretary of State.

(2) A person guilty of an offence under section 466 or 473 is liable on summary conviction—

(a) to a fine not exceeding level 4 on the standard scale, or

(b) to imprisonment for a term not exceeding three months,

or both.

Chapter III E+W Assisted places at independent schools

F14 479 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 479 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(a)(b)(3), 6(3), 7(3)(a), Sch., Pt.I.

F15 480 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 S. 480 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(a)(b)(3), 6(3), 7(3), Sch. Pt.I.

F16 481 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 S. 481 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(a)(b)(3), 6(3), 7(3), Sch. Pt.I.

Chapter IV E+W City colleges

482 City technology colleges and city colleges for the technology of the arts. E+W

(1) The Secretary of State may enter into an agreement with any person under which—

(a) that person undertakes to establish and maintain, and to carry on or provide for the carrying on of, an independent school with such characteristics as are specified in the agreement and in subsection (2), and

(b) the Secretary of State agrees to make payments to that person in consideration of those undertakings.

(2) The characteristics mentioned above are that the school—

(a) is situated in an urban area,

(b) provides education for pupils of different abilities who have attained the age of 11 and who are wholly or mainly drawn from the area in which the school is situated, and

(c) has a broad curriculum with an emphasis F17 . . .on science and technology or on technology in its application to the performing and creative arts [F18 or on a subject area mentioned in subsection (2A)].

[F19 (2A) The subject areas are—

(a) modern foreign languages;

(b) visual arts, performing arts or media arts (or any combination of them);

(c) sport;

(d) any subject specified by order by the Secretary of State.]

(3) A school to which an agreement under this section relates shall be known—

(a) as a city technology college, if the emphasis of its curriculum is on science and technology, F20 . . .

(b) as a city college for the technology of the arts, if the emphasis of its curriculum is on technology in its application to the performing and creative arts. [F21 , or

F21 (c) as a city academy, if the emphasis of its curriculum is on a subject area mentioned in subsection (2A).]

[F22 (3A) A school established on or after the relevant day and which would otherwise, by virtue of subsection (3), be known as a city technology college or a city college for the technology of the arts may instead, if the person carrying it on so chooses, be known as a city academy.

(3B) Before entering into an agreement under this section in relation to a school to be known as a city academy, the Secretary of State must consult the local education authorities referred to in subsection (3C) about the establishment of the school.

(3C) The authorities are—

(a) the local education authority in whose area the school is to be situated, and

(b) if the Secretary of State thinks a significant proportion of the pupils at the school is likely to be resident within the area of another local education authority, that authority.]

(4) An agreement under this section shall make any payments by the Secretary of State dependent on the fulfilment of—

(a) conditions and requirements imposed for the purpose of securing that no charge is made in respect of admission to the school or, subject to such exceptions as may be specified in the agreement, in respect of education provided at the school, and

(b) such other conditions and requirements in relation to the school as are specified in the agreement.

(5) Any requirements having effect in relation to the school by virtue of section 218(2B) of the M8 Education Reform Act 1988 (requirements as to the training and teaching experience of teachers at city colleges who seek to become qualified teachers) shall have effect for the purposes of this section and section 483 as requirements falling within subsection (4).

[F23 (6) For the purposes of subsection (3A) the relevant day is the day on which section 130 of the Learning and Skills Act 2000 comes into force.]

Textual Amendments

F17 Word in s. 482(2)(c) repealed (28.7.2000) by 2000 c. 21, ss. 130(2)(7), 153, 154(5)(b)(d), Sch. 11

F18 Words in s. 482(2)(c) inserted (E.) (28.7.2000) by 2000 c. 21, ss. 130(2)(b)(7), 154(5)(b)

F19 S. 482(2A) inserted (E.) (28.7.2000) by 2000 c. 21, ss. 130(3)(7), 154(5)(b)

F20 Word “or” preceding s. 482(3)(b) repealed (28.7.2000) by 2000 c. 21, ss. 153, 154(5)(d), Sch. 11

F21 S. 482(3)(c) and the preceding words “, or” inserted (E.) (28.7.2000) by 2000 c. 21, ss. 130(4)(7), 154(5)(b)

F22 S. 482(3A)-(3C) inserted (E.) (28.7.2000) by 2000 c. 21, ss. 130(5)(7), 154(5)(b)

F23 S. 482(6) inserted (E.) (28.7.2000) by 2000 c. 21, ss. 130(6)(7), 154(5)(b)

Marginal Citations

M8 1988 c. 40.

483 City colleges: financial provisions. E+W

(1) Payments under an agreement under section 482 may be in respect of capital or current expenditure.

(2) In so far as such payments relate to current expenditure, the agreement shall provide for their continuance (subject to the fulfilment of the conditions and requirements falling within section 482(4))—

(a) for a period of not less than seven years, or

(b) for an indefinite period terminable by the Secretary of State by not less than seven years’ written notice.

(3) Where such payments relate to capital expenditure, the agreement shall provide for the repayment to the Secretary of State, in the event of the school at any time discontinuing or ceasing to have the characteristics specified in the agreement and in section 482(2), of sums determined by reference to—

(a) the value at that time of the school premises and other assets held for the purposes of the school, and

(b) the extent to which expenditure incurred in providing those assets was met by payments under the agreement.

[F24 (3A) If the school is a city academy, subsection (3) shall apply with such modifications (if any) as may be specified by the Secretary of State by order.]

(4) Without prejudice to subsection (1), an agreement under section 482 may provide for indemnifying a person, in the event of the agreement being terminated by the Secretary of State, for expenditure—

(a) incurred by that person in carrying out the undertakings mentioned in section 482(1), or

(b) incurred by that person (otherwise than by virtue of subsection (3)) in consequence of the termination of the agreement.

Textual Amendments

F24 S. 483(3A) inserted (1.10.2000) by 2000 c. 21, s. 132 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I

Modifications etc. (not altering text)

C1 S. 483(3) modified (E.) (12.11.2001) by S.I. 2001/3445, art. 2

[F25 483A City colleges and academies: special educational needs. E+W

(1) This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.

(2) A child falls within this subsection if—

(a) he is a child for whom a statement is maintained under section 324, and

(b) he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or a city academy.

(3) The condition in this subsection is satisfied if—

(a) the school is approved by the Secretary of State under section 347(1), or

(b) the Secretary of State consents to the child being educated at the school.

(4) The Secretary of State may by regulations make provision for securing that arrangements are made—

(a) for making the special educational provision specified in the statement;

(b) for making any non-educational provision specified in the statement.

(5) Regulations under subsection (4) may require or authorise a local education authority—

(a) to make payments to the school in respect of the child, or

(b) to provide any other assistance to the school in respect of the child.

(6) No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local education authority making payments or providing assistance by virtue of subsection (5).

(7) This section does not apply to schools in Wales.]

Textual Amendments

F25 S. 483A inserted (1.10.2000) by 2000 c. 21, s. 133 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I