Education and Skills Act 2008

Independent colleges for 16 to 18 year olds E+W

132 Providers of independent education or training for 16 to 18 year olds E+W

(1) Regulations may provide for any provision of this Chapter to apply in relation to an independent post-16 college as it applies in relation to an independent educational institution, subject to such modifications as may be prescribed.

(2) For this purpose, “an independent post-16 college” means an institution in England—

(a) at which relevant education or training is provided for—

(i) five or more persons who are not under compulsory school age, including at least one who is over compulsory school age but is under the age of 18, or

(ii) at least one student to whom subsection (4) applies who is over compulsory school age but is under the age of 18,

(b) which is not—

(i) an independent educational institution,

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

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

[F3 (iiia) an institution solely or principally concerned with the provision of higher education, or]

(iv) an institution in receipt of funding from the [F4 [F5 Secretary of State] F6 ...], and

(c) which is outside the further education [F7 sector].

(3) In subsection (2)(a), “relevant education or training” provided for a person means education or training which—

(a) is provided for the person for at least 16 hours a week, for at least 4 weeks, during an academic year, and

(b) is not education or training provided in connection with facilities for adventure activities (within the meaning of section 1 of the Activity Centres (Young Persons' Safety) Act 1995 (c. 15) (adventure activities: licensing)).

(4) This subsection applies to a person—

(a) for whom [F8 an EHC plan is maintained], or

(b) for whom [F9 an EHC plan was] maintained immediately before—

(i) the person ceased to be a pupil at his or her last school [F10 or (if later) the person ceased to be a student at his or her last post-16 institution], or

(ii) the institution [F11 in England mentioned in subsection (2)] started providing relevant education or training for the person.

(5) Regulations may—

(a) provide that a specified institution or an institution of a specified description is not an independent post-16 college;

(b) provide that time spent on a specified activity or on an activity of a specified description is or is not to be treated as time during which education or training is provided for the purposes of this section;

(c) amend subsection (3)(a) so as to substitute a different number of hours or weeks for the number of hours or weeks for the time being mentioned there.

(6) In this section—

• “an academic year” means a period of 12 months ending with 31 August;

• [F12 “post-16 institution” has the meaning given by section 83(2) of the Children and Families Act 2014;]

• “specified” means specified in regulations under this section.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 15(2)

F2 Word in s. 132(2)(b)(iii) omitted (1.8.2019) by virtue of The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 11(a)(i)

F3 S. 132(2)(b)(iiia) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 11(a)(ii)

F4 Words in s. 132(2)(b)(iv) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 85 (with art. 2(3))

F5 Words in s. 132(2)(b)(iv) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 44; S.I. 2012/924, art. 2

F6 Words in s. 132(2)(b)(iv) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 64

F7 Word in s. 132(2)(c) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 11(b)

F8 Words in s. 132(4)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 87(a); S.I. 2014/889, art. 7(a)

F9 Words in s. 132(4)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 87(b); S.I. 2014/889, art. 7(a)

F10 Words in s. 132(4)(b)(i) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 87(c); S.I. 2014/889, art. 7(a)

F11 Words in s. 132(4)(b)(ii) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 87(d); S.I. 2014/889, art. 7(a)

F12 Words in s. 132(6) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 87(e); S.I. 2014/889, art. 7(a)

Commencement Information

I1 S. 132 in force at 19.6.2009 for specified purposes by S.I. 2009/1513, art. 2(2)

133 Regulations under section 132: supplementary E+W

(1) Regulations under section 132(1) applying—

(a) section 120, or

(b) any of the provisions mentioned in—

(i) section 124(1), or

(ii) section 125(1),

in relation to an independent post-16 college must also apply any provision conferring a right of appeal against a decision or order made under that provision.

(2) No draft of any regulations under section 132(1) may be laid before Parliament unless the Secretary of State has first consulted—

(a) the Chief Inspector, and

(b) such other persons as the Secretary of State considers appropriate,

about the proposal to make the regulations.

Commencement Information

I2 S. 133 in force at 19.6.2009 for specified purposes by S.I. 2009/1513, art. 2(2)