Education Act 2002

Requirement of registration E+W

158 The registers E+W

(1) There shall continue to be—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a register of independent schools in Wales.

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

(3) The register of independent schools in Wales shall be kept by [F3 the Welsh Ministers].

[F4 (4) The Welsh Ministers must publish a list of the schools included in the register of independent schools in Wales, as amended from time to time.

(5) If the Welsh Ministers have been provided with the necessary information by the proprietor of the school, the published list must specify the type or types of additional learning provision made by a school on the list for pupils with additional learning needs (if any).]

Textual Amendments

F1 S. 158(1)(a) repealed (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 17(a), Sch. 2 (with s. 139); S.I. 2014/3364, art. 2(z)(aa) (with art. 4)

F2 S. 158(2) repealed (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 17(a), Sch. 2 (with s. 139); S.I. 2014/3364, art. 2(z)(aa) (with art. 4)

F3 Words in s. 158(3) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 17(b) (with s. 139); S.I. 2014/3364, art. 2(z) (with art. 4)

F4 S. 158(4)(5) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 54(2), 100(3); S.I. 2020/1182, reg. 3(1)(e); S.I. 2021/373, art. 8(c)

Commencement Information

I1 S. 158 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

I2 S. 158(1)(2) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I3 S. 158(3) in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

159 Unregistered schools E+W

(1) A person who conducts an independent school which is not a registered school is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the Chief Inspector has reasonable cause to believe that an offence under subsection (1) is being committed on any premises, he may at any reasonable time—

(a) enter and inspect the premises, and

(b) inspect and take copies of any records or other documents which he has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.

(5) [F6 Section 58 of the Education Act 2005] (computer records) applies in relation to the inspection of records or other documents under subsection (4)(b).

(6) It is an offence wilfully to obstruct the Chief Inspector in the exercise of his functions under subsection (4).

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments

F5 S. 159(3) repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 172(3), 188(2), Sch. 18 Pt. 2

F6 Words in s. 159(5) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 29; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I4 S. 159 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I5 S. 159 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III