The Education (Particulars of Independent Schools) (Amendment) Regulations 1991

Statutory Instruments

1991 No. 1034

EDUCATION, ENGLAND AND WALES

The Education (Particulars of Independent Schools) (Amendment) Regulations 1991

Made

16th April 1991

Laid before Parliament

24th April 1991

Coming into force

15th May 1991

In exercise of the powers conferred by sections 70(1), (4) and (5)and 114(1)(1) of the Education Act 1944(2), the Secretary of State for Education and Science, inrelation to schools in England, and the Secretary of State for Wales, inrelation to schools in Wales, hereby make the following Regulations:

1.  These Regulations may be cited as the Education (Particulars ofIndependent Schools) (Amendment) Regulations 1991 and shall come intoforce on 15th May 1991.

2.  The Education (Particulars of Independent Schools) Regulations 1982(3) shall be amended as follows—

(a) for regulation 7 (misconduct reports) there shall be substituted thefollowing regulation—

“7.   Where a person is dismissed from employment as a member of thestaff of a registered school on grounds of his misconduct (whether ornot he is convicted of a criminal offence) or would have been sodismissed or considered for dismissal but for his resignation, theproprietor shall report the facts of the case to the Secretary of Statein writing within one month of the dismissal or, if given, of any noticeof dismissal or, as the case may be, within one month of theresignation.”; and

(b) for paragraph 7 of the Schedule (particulars relating to the school)there shall be substituted the following paragraph—

“7.   Individual particulars relating to the staff comprising, in respectof each individual, his full name, date of birth and the capacity inwhich he is employed and, in the case of each teacher, hisqualifications and a statement that he is the head teacher, a full-timeassistant teacher or a part-time assistant teacher.”.

3.  Regulation 7 of the Education (Particulars of Independent Schools)Regulations 1982, as substituted by regulation 2(a) of theseRegulations, shall not apply in respect of a person, other than ateacher, where the dismissal or resignation takes place or the notice ofdismissal is given before the date that these Regulations come intoforce.

Kenneth Clarke

Secretary of State for Education and Science

16th April 1991

David Hunt

Secretary of State for Wales

16th April 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Particulars of IndependentSchools) Regulations 1982.

The proprietor of a registered school (including a provisionallyregistered school) is required to make a report to the Secretary ofState if a member of staff is dismissed for misconduct or would havebeen so dismissed or considered for dismissal if he had not resigned.Previously such duty only applied in respect of members of the teachingstaff.

Furthermore, when making an application for registration and in theannual returns of a registered school, the proprietor is now required toinclude certain particulars of all members of staff and not just of theteaching staff.

(1)

See the definition of“prescribed”. For the transfer of functions to the Secretary of State see S.I. 1964/490, 1970/1536 and 1978/274.

(2)

1944 c. 31; subsections (4) and (5) of section 70 weresubstituted and added respectively by the Education Act 1980 (c. 20),section 34(7).

(3)

S.I. 1982/1730.