IntroductoryE+W
92Independent educational institutionsE+W
(1)For the purposes of this Chapter, “an independent educational institution” means—
(a)an independent school, or
(b)an institution other than an independent school which—
(i)provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and
(ii)would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.
(2)For the purposes of this section, an institution provides “part-time” education for a person if it provides education for the person—
(a)for at least 12.5 hours a week, for at least 28 weeks, during an academic year at the end of which the person is under the age of 12, or
(b)for at least 15 hours a week, for at least 28 weeks, during an academic year at the end of which the person is aged 12 or over,
which does not amount to full-time education.
(3)Regulations may—
(a)provide that a specified institution or an institution of a specified description is not an independent educational institution by virtue of subsection (1)(b);
(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 is being provided for the purposes of this section;
(c)amend subsection (2)(a) or (b) so as to substitute a different number of weeks for the number of weeks for the time being mentioned there.
(4)In this section—
“an academic year” means a period of 12 months ending with 31 August;
“specified” means specified in regulations under this section.
Commencement Information
I1S. 92 in force at 19.6.2009 for specified purposes by S.I. 2009/1513, art. 2(2)
I2S. 92(1) in force at 1.9.2009 in so far as not already in force by S.I. 2009/1606, art. 3
93Application of Chapter to institutions in England onlyE+W
(1)References in this Chapter to an independent educational institution are to an independent educational institution in England.
(2)For provision regulating independent schools in Wales, see Chapter 1 of Part 10 of the Education Act 2002 (c. 32).
Commencement Information
I3S. 93 in force at 1.9.2009 in so far as not already in force by S.I. 2009/1606, art. 3