Part 4Regulation and inspection of independent educational provision in England

Chapter 1Independent educational institutions in England

Appeals

127Relevant restriction imposed by Tribunal: supplementary

1

This section applies where the Tribunal makes an order under section 124, 125 or 126 imposing a relevant restriction on the proprietor of an institution.

2

The order in question has effect from the time the proprietor receives notice of it in accordance with Tribunal Procedure Rules or from the Secretary of State.

3

If the proprietor fails to comply with the relevant restriction, the proprietor is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).

4

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (3) substitute “ six months ”.

5

The proprietor may apply to the Tribunal for the relevant restriction to be varied or revoked.

6

On an application under subsection (5) the Tribunal must—

a

vary or revoke the relevant restriction as requested in the application, if the Tribunal is satisfied that it is appropriate to do so because of any change of circumstance, and

b

in any other case, refuse to do so.