Education Act 1980

34 Definition and registration of independent schools. E+W

(1). In the definition of “independent school” and “school” in section 114(1) of the M1 Education Act 1944 for the words “a school in respect of which grants are made by the Minister to the proprietor of the school” there shall be substituted the words “a special school not maintained by a local education authority”.

(2) Subsection (2) of section 70 of the said Act of 1944 (order exempting schools from registration) shall cease to have effect.

(3) The Registrar of Independent Schools shall, without any application in that behalf, enter in the register kept by him under subsection (1) of the said section 70—

(a) any school which by virtue of subsection (1) above becomes an independent school; and

(b) any school which was exempt from registration by virtue of subsection (2) of the said section 70 immediately before the coming into force of this section.

(4) Proviso (b) to subsection (1) of the said section 70 (registration of school to be provisional unit it has been inspected) shall not apply to the registration of a school under subsection (3) above unless the Registrar has before the coming into force of this section given written notice to the proprietor of the school that the registration will be provisional.

(5) In this section “the Registrar of Independent Schools” means, in relation to any school in England, the Registrar of Independent Schools for England and, in relation to any school in Wales, the Registrar of Independent Schools for Wales.

(6). After subsection (3) of the said section 70 (offences) there shall be inserted—

“(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.”

(7) For subsection (4) of the said section 70 (furnishing of particulars about independent schools) there shall be substituted—

“(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.

(5) The power to make regulations under this section shall be exercisable by the Secretary of State for Education and Science in relation to schools in England and by the Secretary of State for Wales in relation to schools in Wales.”.

Modifications etc. (not altering text)

C1 The “said section 70” means Education Act 1944 (c. 31), s. 70

C2 The text of S. 34(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C3 The text of S. 34(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C4 The text of S. 34(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C5 The text of S. 34(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1944 c. 31.