Education Act 1944 (repealed 1.11.1996)

Part III E+W INDEPENDENT SCHOOLS

Modifications etc. (not altering text)

C1 Functions of Secretary of State for Education and Science under Part III in relation to independent schools in Wales now exercisable by Secretary of State for Wales: S.I. 1970/1536, arts. 2(1), 5(1)

70 Registration of independent schools. E+W

(1) The [F1 Secretary of State for Education and Science] shall appoint one of his officers to be Registrar of Independent Schools; and it shall be the duty of the Registrar of Independent Schools to keep a register of all independent schools, which shall be open to public inspection at all reasonable times, and, subject as hereinafter provided, to register therein any independent school of which the proprietor makes application for the purpose in the prescribed manner and furnishes the prescribed particulars:

Provided that—

(a) no independent school shall be registered if, by virtue of an order made under the provisions hereinafter contained, 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 if the school premises are used or proposed to be used for any purpose for which they are disqualified by virtue of any such order; and

(b) the registration of any school shall be provisional only until the [F1 Secretary of State for Education and Science], after the school has been inspected on his behalf under the provisions of Part IV of this Act, gives notice to the proprietor that the registration is final.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3) If after the expiration of six months from the date of the commencement of this Part of this Act any person—

(a) conducts an independent school (whether established before or after the commencement of that Part) which is not a registered school or a provisionally registered school; or

(b) being the proprietor of an independent school does any act calculated to lead to the belief that the school is a registered school while it is a provisionally registered school;

he shall be liable on summary conviction to a fine not exceeding [F3 level 4 on the standard scale] or in the case of a second or subsequent conviction to a fine not exceeding [F3 level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

[F4 (3A) A person shall not be guilty of an offence under subsection (3)(a) above 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 within that period.]

[F5 (4) The Secretary of State may by regulations make provision for requiring the proprietor of a registered or provisionally registered school to furnish the Registrar from time to time with such particulars relating to the school as may be prescribed and 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 the regulations is not complied with.

[F6 (4A) Regulations made under subsection (4) above 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 Children Act 1989).]

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Subordinate Legislation Made

P1 S. 70: for previous exercises of power see Index to Government Orders

Textual Amendments

F1 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F2 S. 70(2) repealed by Education Act 1980 (c. 20, SIF 41:1), s. 34(2)

F3 Words substituted by virtue of Criminal Law Act (c. 45, SIF 39:1) and of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39(1), 46, Sch.3

F4 S. 70(3A) inserted by Education Act 1980 (c. 20, SIF 41:1), s. 34(6)

F5 S. 70(4)(5) substituted for s. 70(4) by Education Act 1980 (c. 20, SIF 41:1), s. 34(7)

F6 S. 70(4A) inserted (1.1.1994) by 1993 c. 35, s. 292(2); S.I. 1993/3106, art. 4, Sch. 1

F7 S. 70(5) repealed (1.1.1996) by 1995/2986, art. 11, Sch. para.1.

Modifications etc. (not altering text)

C2 S. 70 amended by S.I. 1960/1536, art. 5(2)(3)(4)

C3 S. 70(1) amended by Education Act 1980 (c. 20, SIF 41:1), s. 34(3)(4)

C4 Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) applies

71 Complaints. E+W

(1) If at any time the [F8 Secretary of State for Education and Science] is satisfied that any registered or provisionally registered school is objectionable upon all or any of the following grounds—

(a) that the school premises or any parts thereof are unsuitable for a school;

(b) 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;

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

(d) that the proprietor of the school or any teacher employed therein is not a proper person to be the proprietor of an independent school or to be a teacher [F9 or other employee] in any school, as the case may be;

[F10 (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 Children Act 1989 (welfare of children accommodated in independent schools);]

the [F8 Secretary of State] shall serve upon the proprietor of the school a notice of complaint stating the grounds of complaint together with full particulars of the matters complained of, and, unless any of such matters are stated in the notice to be in the opinion of the [F8 Secretary of State for Education and Science] irremediable, the notice shall specify the measures necessary in the opinion of the [F8 Secretary of State for Education and Science] to remedy the matters complained of, and shall specify the time, not being less than six months after the service of the notice, within which such measures are thereby required to be taken.

(2) If it is alleged by any notice of complaint served under this section that any person employed as a teacher [F9 or other employee]at the school is not a proper person to be a teacher [F9 or other employee] in any school, that person shall be named in the notice and the particulars contained in the notice shall specify the grounds of the allegation, and a copy of the notice shall be served upon him.

(3) Every notice of complaint served under this section and every copy of such a notice so served 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 the provisions hereinafter contained.

[F11 (4) If at any time 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 Education Reform Act 1988—

(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.

(5) In this section, and in sections 72 and 73 of this Act, “employee” means a person employed in work which brings him regularly into contact with persons who have not attained the age of nineteen years.]

Textual Amendments

F8 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F9 Words in s. 71(1)(d) and (2) inserted (1.1.1994) by 1993 c. 35, s. 290(2); S.I. 1993/3106, art. 4, Sch. 1

F10 S. 71(1)(e) inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5)(6), Sch. 13 para. 9, Sch. 14 para. 1(1)

F11 S. 71(4)(5) added (1.1.1994) by 1993 c. 35, s. 290(1); S.I. 1993/3106, art. 4, Sch.1

72 Determination of complaints. E+W

(1) Any person upon whom a notice of complaint or a copy of such a notice is served under the last foregoing section may, within the time limited by the notice, appeal therefrom by referring the complaint, in such manner as may be provided by rules made under this Part of this Act, to an Independent Schools Tribunal constituted in accordance with the provisions of the Sixth Schedule to this Act.

(2) Upon a complaint being referred to an Independent Schools Tribunal, the tribunal shall, after affording to all parties concerned an opportunity of being heard, and after considering such evidence as may be tendered by them or on their behalf, have power—

(a) to order that the complaint be annulled:

(b) to order that the school in respect of which the notice of complaint was served be struck off the register:

(c) to 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 [F12 Secretary of State for Education and Science] before the expiration of such time as may be specified in the order:

(d) if satisfied that the premises alleged by the notice of complaint to be unsuitable for use as a school or any part of such premises are in fact unsuitable for such use, by order to disqualify the premises or part from being so used, or, 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 to 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:

(e) if satisfied that any person alleged by the notice of complaint to be a person who is not proper to be the proprietor of an independent school or to be a teacher [F13 or other employee] in any school is in fact such a person, by order to disqualify that person from being the proprietor of any independent school or from being a teacher [F13 or other employee] in any school, as the case may be.

(3) Where a notice of complaint has been served under this Act on the proprietor of any school and the complaint is not referred by him to an Independent School Tribunal within the time limited in that behalf by the notice, the [F12 Secretary of State for Education and Science] shall have power to make any order which such a tribunal would have had power to make if the complaint had been so referred:

Provided that, if it was alleged by the notice of complaint that any person employed as a teacher [F13 or other employee] at the school is not a proper person to be a teacher [F13 or other employee] in any school and that person has, within the time limited in that behalf by the copy of the notice served upon him, referred the complaint to an Independent Schools Tribunal, the [F12 Secretary of State for Education and Science] shall not have power to make an order requiring his dismissal or disqualifying him from being a teacher [F13 or other employee] in any school.

(4) Where by virtue of an order made by an Independent Schools Tribunal or by the [F12 Secretary of State for Education and Science] any person is disqualified either from being the proprietor of an independent school or from being a teacher [F13 or other employee] in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher [F13 or other employee] in any school.

Textual Amendments

F12 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F13 Words in s. 72(2)(e), (3) and (4) inserted (1.1.1994) by 1993 c. 35, s. 290(2); S.I. 1993/3106, art. 4, Sch. 1

73 Enforcement. E+W

(1) Where an order is made by the [F14 Secretary of State for Education and Science] or by an Independent Schools Tribunal directing that any school be struck off the register, the Registrar of Independent Schools shall as from the date on which the direction takes effect strike the school off the register.

(2) If any person uses any premises for purposes for which they are disqualified by virtue of any order made under this Part of this Act, that person shall be liable on summary conviction to a fine not exceeding [F15 level 4 on the standard scale] or in the case of a second or subsequent conviction (whether in respect of the same or other premises) to a fine not exceeding [F15 level 4 on the standard scale], or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(3) If any person acts as the proprietor of an independent school, or accepts or endeavours to obtain employment as a teacher [F16 or other employee] in any school, while he is disqualified from so acting or from being so employed by virtue of any such order as aforesaid, he shall be liable on summary conviction to a fine not exceeding [F15 level 4 on the standard scale] or in the case of a second or subsequent conviction to a fine not exceeding [F15 level 4 on the standard scale], or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(4) No proceedings shall be instituted for an offence against this Part of this Act except by or on behalf of the [F14 Secretary of State for Education and Science.]

[F17 (5) For the purposes of the foregoing provisions of this Part of this Act, a person who is disqualified by an order made under Part IV of the M1 Education (Scotland) Act 1945 from being the proprietor of an independent school or from being a teacher in any school shall be deemed to be so disqualified by virtue of an order made under this Part of this Act.]

Textual Amendments

F14 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F15 Words substituted by virtue of Criminal Law Act (c. 45, SIF 39:1) and of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39(1), 46, Sch.3

F16 Words in s. 73(3) inserted (1.1.1994) by 1993 c. 35, s. 290(2), S.I. 1993/3106, art. 4, Sch. 1

F17 S. 73(5) inserted by Education Act 1946 (c. 50), Sch. 2 Pt. I

Modifications etc. (not altering text)

C5 Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) applies

Marginal Citations

M1 1945 c. 37.

74 Removal of disqualifications. E+W

(1) If on the application of any person the [F18 Secretary of State for Education and Science] is satisfied that any disqualification imposed by an order made under this Part of this Act is, by reason of any change of circumstances, no longer necessary, the [F18 Secretary of State for Education and Science] may by order remove the disqualification.

(2) Any person who is aggrieved by the refusal of the [F18 Secretary of State for Education and Science] to remove a disqualification so imposed may, within such time after the refusal has been communicated to him as may be limited by rules made under this Part of this Act, appeal to an Independent Schools Tribunal.

Textual Amendments

F18 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

Modifications etc. (not altering text)

C6 S. 74 amended by S.I. 1970/1536, art. 5(1)

75 Proceedings before Independent Schools Tribunals and matters relating thereto. E+W

(1) The Lord Chancellor may, with the concurrence of the Lord President of the Council, make rules as to the practice and procedure to be followed with respect to the constitution of Independent Schools Tribunals, as to the manner of making appeals to such tribunals, and as to proceedings before such tribunals and matters incidental to or consequential on such proceedings, and, in particular, such rules may make provision requiring any such tribunal to sit at such places as may be directed in accordance with the rules, and may make provision as to appearance before such tribunals by counsel or solicitor . . . F19

(2) The provisions of the [F20 M2 Arbitration Act 1950], shall not apply to any proceedings before an Independent Schools Tribunal except so far as any provisions thereof may be applied thereto with or without modifications by rules made under this section.

(3) 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.

Textual Amendments

F19 Words repealed by Education Act 1976 (c. 81), s. 6(2)

F20 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

Marginal Citations

M2 1950 c. 27.