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Education Act 2002
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- UK Public General Acts
- 2002 c. 32
- Part 10
- Chapter 1
- Requirement of registration
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Changes over time for: Cross Heading: Requirement of registration
Version Superseded: 01/09/2006
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Education Act 2002, Cross Heading: Requirement of registration is up to date with all changes known to be in force on or before 21 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Requirement of registrationE+W
158 The registersE+W
(1)There shall continue to be—
(a)a register of independent schools in England, and
(b)a register of independent schools in Wales.
(2)The register of independent schools in England shall be kept by the Secretary of State.
(3)The register of independent schools in Wales shall be kept by the National Assembly for Wales.
Commencement Information
I1S. 158 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III
I2S. 158(1)(2) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4
159 Unregistered schoolsE+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.
(3)No proceedings shall be instituted for an offence under subsection (1) except with the consent of the registration authority.
(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)[F1Section 42 of the School Inspections Act 1996 (c. 57)] [F1Section 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
F1Words 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
I3S. 159 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4
I4S. 159 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III
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