Education and Skills Act 2008

120 Application to justice of the peace for order E+W

(1) The Secretary of State may apply to a justice of the peace for—

(a) an order imposing a relevant restriction on the proprietor of a registered independent educational institution, or

(b) an order that such an institution be removed from the register.

(2) If it appears to the justice that a student at the institution in question is suffering or is likely to suffer significant harm, the justice may make the order.

(3) An application under this section may be made without notice.

(4) An order under this section must be in writing.

(5) A copy of an order under this section must be served on the proprietor of the institution by the Secretary of State as soon as reasonably practicable after the order is made.

(6) An order under this section has effect from the time the copy is served on the proprietor (and, accordingly, in the case of an order under subsection (1)(b), the Secretary of State must not remove the institution from the register in pursuance of the order before that time).

(7) For the purposes of this section, “harm” has the same meaning as in the Children Act 1989 (c. 41) and the question of whether harm is significant is to be determined in accordance with section 31(10) of that Act.

Commencement Information

I1 S. 120 in force at 5.1.2015 by S.I. 2014/3364, art. 2(o)