Part 4 E+WRegulation and inspection of independent educational provision in England

Chapter 1 E+WIndependent educational institutions in England

Modifications etc. (not altering text)

C1 Pt. 4 Ch. 1 modified (22.12.2014) by The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014 (S.I. 2014/3364), art. 3(2)

C2 Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(e), 70(2); S.I. 2018/346, reg. 4(f)

C3 Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(e), 70(2); S.I. 2018/346, reg. 4(e)

Introductory E+W

92 Independent educational institutions E+W

(1) For the purposes of this Chapter, “an independent educational institution” means—

(a) an independent school, or

(b) an institution other than an independent school which—

(i) provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and

(ii) would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.

(2) For the purposes of this section, an institution provides “part-time” education for a person if it provides education for the person—

(a) for at least 12.5 hours a week, for at least 28 weeks, during an academic year at the end of which the person is under the age of 12, or

(b) for at least 15 hours a week, for at least 28 weeks, during an academic year at the end of which the person is aged 12 or over,

which does not amount to full-time education.

(3) Regulations may—

(a) provide that a specified institution or an institution of a specified description is not an independent educational institution by virtue of subsection (1)(b);

(b) provide that time spent on a specified activity or on an activity of a specified description is or is not to be treated as time during which education is being provided for the purposes of this section;

(c) amend subsection (2)(a) or (b) so as to substitute a different number of weeks for the number of weeks for the time being mentioned there.

(4) In this section—

• “an academic year” means a period of 12 months ending with 31 August;

• “specified” means specified in regulations under this section.

Commencement Information

I1 S. 92 in force at 19.6.2009 for specified purposes by S.I. 2009/1513, art. 2(2)

I2 S. 92(1) in force at 1.9.2009 in so far as not already in force by S.I. 2009/1606, art. 3