Education and Skills Act 2008

123 Provision of information by proprietors

(1) Regulations may make provision for requiring the proprietor of a registered independent educational institution to provide the Secretary of State, on request, with such particulars relating to the institution as may be prescribed.

(2) Regulations under this section may in particular—

(a) require the provision of such information as is needed by the local authority in whose area the institution is situated for the purpose of determining whether the institution is a children’s home within the meaning of the Care Standards Act 2000 (c. 14) (see section 1 of that Act);

(b) provide for the Secretary of State to remove from the register any institution in respect of which any requirement imposed by or under the regulations is not complied with;

(c) provide that a person who fails to comply with any specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) In subsection (2) “specified” means specified in regulations under this section.

(4) Regulations that include provision by virtue of subsection (2)(b) must include the provision required by subsections (5) and (6).

(5) The regulations must require the Secretary of State to notify the proprietor of an institution of any decision to remove the institution from the register by virtue of subsection (2)(b).

(6) The regulations must provide that a decision by the Secretary of State to remove an institution from the register by virtue of subsection (2)(b) does not have effect during the period in which—

(a) an appeal may be brought under section 124 against the decision, or

(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.