Education Act 2002

Supplementary E+W

168 Provision of information E+W

(1) Regulations may make provision for requiring the proprietor of a registered school to provide the registration authority, when the authority so requests, with such particulars relating to the school as may be prescribed.

(2) Regulations under this section may in particular—

(a) require the provision of such information as is required by the local authority for the purposes of determining whether the school is a children’s home (within the meaning of the Care Standards Act 2000 (c. 14));

(b) provide for the registration authority to remove from the register any school in respect of which any requirement imposed by or under the regulations is not complied with;

(c) provide that a person who fails to comply with any specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I1 S. 168 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I2 S. 168 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

[F1 168A Proceedings for offences E+W

No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority.

Textual Amendments

F1 Ss. 168A-168C inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 172(2), 188(2) (with s. 172(4))

168B Offences by bodies corporate E+W

(1) Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate.

Textual Amendments

F1 Ss. 168A-168C inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 172(2), 188(2) (with s. 172(4))

168C Offences by unincorporated bodies E+W

(1) Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.

(2) A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body.

(3) If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate.

(4) Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.]

Textual Amendments

F1 Ss. 168A-168C inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 172(2), 188(2) (with s. 172(4))

169 Unsuitable persons E+W

The registration authority may remove a registered school from the register where it is satisfied that any person who, in relation to the school, carries out [F2 any work to which section 142 applies—

(a) is carrying out that work in contravention of a direction under that section, or

(b) is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (c. 43) (disqualification from working with children).]

[F2 work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom.]

Textual Amendments

F2 Words in s. 169 substituted (12.10.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 170(1), 188(3); S.I. 2009/2545, art. 3(1)(b)

Commencement Information

I3 S. 169 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I4 S. 169 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

170 Service of notice etc. E+W

(1) The registration authority must serve on the proprietor of a registered school notice of—

(a) any decision made by the authority under section 162 in relation to the school;

(b) any determination or order made by the authority under section 165 in relation to the school;

(c) any decision made by the authority under subsection (10) of that section in relation to the school.

(2) For the purposes of this Chapter, any notice, order or other document required to be given to or served on the proprietor of a registered school may be given to or served on him by delivering it to the registered address of the school.

Commencement Information

I5 S. 170 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I6 S. 170 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III

171 Interpretation of Chapter 1 E+W

In this Chapter—

• “appeal period” has the meaning given by section 165;

• “Chief Inspector” means—

  (a)

  in relation to a school in England, [F3 Her Majesty's Chief Inspector of Education, Children's Services and Skills] , and

  (b)

  in relation to a school in Wales, Her Majesty’s Chief Inspector of Education and Training in Wales;

• [F4 “early years provision”, in relation to England, has the meaning given by section 96(2) of the Childcare Act 2006;]

• “independent school standards” has the meaning given by section 157;

• “the register” means—

  (a)

  in relation to a school in England, the register of independent schools in England, and

  (b)

  in relation to a school in Wales, the register of independent schools in Wales;

• “registered” means entered in the register;

• F5 ...

• “registration authority” means—

  (a)

  in relation to a school in England, the Secretary of State, and

  (b)

  in relation to a school in Wales, the National Assembly for Wales.

Textual Amendments

F3 Words in s. 171 substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 75; S.I. 2007/935, art. 5(gg)

F4 Words in s. 171 inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 47(3), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F5 Words in s. 171 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 8 para. 5, Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I7 S. 171 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I8 S. 171 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III