SCHEDULES

SCHEDULE 16 U.K. Temporary closure of educational institutions and childcare premises

[F1 PART 1 E+W England and Wales

Textual Amendments

F1 Sch. 16 Pt. 1 expires (E.) (9.12.2021) by The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 (S.I. 2021/1399), regs. 1(2), 5

Schools, 16 to 19 Academies, further and higher education providers E+W

1 (1) The Secretary of State may give a temporary closure direction that applies to— E+W

(a) one or more named educational institutions in England;

(b) all educational institutions in England (or any part of England);

(c) educational institutions in England (or any part of England) of a particular description.

(2) The Welsh Ministers may give a temporary closure direction that applies to—

(a) one or more named educational institutions in Wales;

(b) all educational institutions in Wales (or any part of Wales);

(c) educational institutions in Wales (or any part of Wales) of a particular description.

(3) A temporary closure direction under this paragraph is a direction that requires the responsible body of an educational institution to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the institution.

(4) Before giving a direction under this paragraph, the Secretary of State—

(a) must have regard to any advice from the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Department of Health and Social Care relating to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.

(5) Before giving a direction under this paragraph, the Welsh Ministers—

(a) must have regard to any advice from the Chief Medical Officer for Wales or one of the Deputy Chief Medical Officers for Wales relating to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.

(6) A temporary closure direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the taking of particular steps that the appropriate authority considers reasonable, in relation to any of the matters mentioned in the following paragraphs;

(b) relate to attendance of persons generally, or to attendance by specified persons;

(c) relate to premises generally, or to specified premises or parts of premises;

(d) relate to attendance generally, or to attendance for specified purposes;

(e) otherwise make different provision for different purposes, or be framed by reference to whatever matters the appropriate authority considers appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other provision as the appropriate authority considers appropriate in connection with the giving of the direction.

(7) Where a temporary closure direction under this paragraph applies to an educational institution in England—

(a) any FE funding agreement in respect of that institution has effect, or

(b) any Academy arrangements in respect of that institution or its responsible body have effect,

subject to any modifications necessary to enable the direction to be complied with.

(8) The duty of a responsible body to which a temporary closure direction is given under this paragraph to comply with the direction is enforceable against that body by the appropriate authority making an application to the High Court or the county court for an injunction.

(9) An application made under sub-paragraph (8) may be made without notice being given to the responsible body.

(10) In this paragraph—

• “appropriate authority” means the Secretary of State (in relation to a temporary closure direction given under sub-paragraph (1)) or the Welsh Ministers (in relation to a temporary closure direction given under sub-paragraph (2));

• “premises”, in relation to an educational institution, means—

  (a)

  any premises which persons normally attend in order to receive services provided by the institution, and

  (b)

  any other premises to the extent that those premises are being used by the institution for examinations or assessments of—

  (i)

  regulated qualifications within the meaning of section 130 of the Apprenticeships, Skills and Learning Act 2009, in relation to England, or

  (ii)

  qualifications regulated by Qualifications Wales, in relation to Wales.

• “school” has the same meaning as in the Education Act 1996 (see section 4 of that Act);

• “specified” means specified, or falling within a description specified, in a temporary closure direction under this paragraph.

(11) In this paragraph, in relation to England—

• “Academy arrangements” has the meaning given by section 1(2) of the Academies Act 2010;

• “educational institution” means—

  (a)

  a school;

  (b)

  a 16 to 19 Academy, within the meaning of section 1B of the Academies Act 2010;

  (c)

  an institution within the further education sector, within the meaning of section 91(3) of the Further and Higher Education Act 1992;

  (d)

  a provider of post-16 education or training—

  (i)

  to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies, and

  (ii)

  in respect of which funding is provided by, or under, arrangements made by the Secretary of State, a local authority or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

  but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees;

  (e)

  a higher education provider within the meaning of section 83(1) of the Higher Education and Research Act 2017;

  (f)

  a provider of higher education within the meaning of section 83(1) of the Higher Education and Research Act 2017 which is not an institution (within the meaning of that section) whether or not it is designated under section 84 of that Act;

• “FE funding agreement” means an agreement, in respect of education or training to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies, that is entered into between—

  (a)

  the Secretary of State, a local authority or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, and

  (b)

  an educational institution,

  but does not include an agreement that is Academy arrangements;

• “local authority” has the same meaning as in section 579(1) of the Education Act 1996;

• “responsible body” means—

  (a)

  in relation to a school or a 16 to 19 Academy, the proprietor, within the meaning of section 579(1) of the Education Act 1996;

  (b)

  in relation to an institution within the further education sector, the governing body within the meaning of section 90(1) of the Further and Higher Education Act 1992;

  (c)

  in relation to a provider of post-16 education or training, the person with legal responsibility and accountability for the provider;

  (d)

  in relation to a higher education provider within the meaning of section 83(1) of the Higher Education and Research Act 2017 or a provider of higher education designated under section 84 of that Act, the governing body within the meaning of section 85(1) of that Act;

  (e)

  in relation to any other provider of higher education not mentioned in paragraph (d), any person responsible for the management of the provider.

(12) In this paragraph, in relation to Wales—

• “educational institution” means—

  (a)

  a school;

  (b)

  an institution within the further education sector, within the meaning of section 91(3) of the Further and Higher Education Act 1992;

  (c)

  an institution within the higher education sector within the meaning of section 91(5) of that Act;

  (d)

  a provider of education or training within the meaning of section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and Skills Act 2000 that—

  (i)

  is not an institution within the meaning of paragraph (b) or (c), and

  (ii)

  is in receipt of funding for provision of that education or training from the Welsh Ministers or a local authority,

  but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees;

  (e)

  a provider of a course of education within the meaning of Schedule 6 to the Education Reform Act 1988 that is not an institution within the meaning of paragraph (b) or (c).

• “local authority” means a county council in Wales or a county borough council;

• “responsible body” means—

  (a)

  in relation to a school, the proprietor, within the meaning of section 579(1) of the Education Act 1996;

  (b)

  in relation to an institution within the meaning of paragraph (b) or (c) of the definition of “educational institution”, the governing body within the meaning of section 90(1) of the Further and Higher Education Act 1992;

  (c)

  in relation to a provider within paragraph (d) or (e) of that definition, the person with legal responsibility and accountability for the provider.]