The Education (Particulars of Independent Schools) Regulations 1997

PART I GENERAL

Citation and commencement

1.  These Regulations may be cited as the Education (Particulars of Independent Schools) Regulations 1997 and shall come into force on 1st January 1998.

Interpretation provisions

2.—(1) In these Regulations—

(a) “application” means an application to the Registrar for the registration of an independent school made by the proprietor pursuant to section 465(1)(a) of the Education Act 1996;

(b) “annual return” means a return of the type required to be delivered to the Registrar in accordance with regulation 5;

(c) “name” and “address” in relation to a person mean respectively—

(i) in the case of an individual, his forenames (in full) and surname and his usual residential address, and

(ii) in the case of a corporation, a Scottish firm or a body of persons, its corporate or firm name and the address of its registered or principal office;

(d) “the register” means the register kept by the Registrar under section 464 of the Education Act 1996;

(e) “registered school” means a school whose name is entered in the register (including a provisionally registered school);

(f) “the Registrar” means, in relation to a school in England, the Registrar of Independent Schools for England and, in relation to a school in Wales, the Registrar of Independent Schools for Wales;

(g) “relevant date” has the meaning specified in regulation 5(3); and

(h) “the Schedule” means the Schedule to these Regulations.

(2) Any reference in these Regulations to a person employed at a school is a reference to a person engaged to provide designated services (as defined in paragraph (3)) at the school, and includes a person so engaged otherwise than under a contract of employment.

(3) In paragraph (2) “designated services” means services provided in relation to the school which—

(a) are provided by whatever means and whether under contract or otherwise, and

(b) bring the person providing them regularly into contact with pupils attending the school.

(4) Except where the context otherwise requires, any reference in these Regulations to a regulation is a reference to a regulation contained herein and any reference in a regulation or in the Schedule to a paragraph is a reference to a paragraph of that regulation or of the Schedule respectively.

(5) Parts II and III of the Schedule shall be construed in accordance with and subject to the provisions of Part I thereof.

Revocations

3.  The Education (Particulars of Independent Schools) Regulations 1982(1), the Education (Particulars of Independent Schools) (Amendment) Regulations 1991(2) and the Education (Particulars of Independent Schools) (Amendment) Regulations 1994(3) are hereby revoked.

PART II INFORMATION TO BE PROVIDED TO THE REGISTRAR

Application for registration of an independent school

4.  Every application shall—

(a) be made in writing,

(b) state the date from which the school has been or (as the case may be) is intended to be conducted (whether by the applicant or any other person),

(c) contain the information specified in Part II of the Schedule made up to the date of the application, and

(d) contain a certificate signed by the proprietor that, to the best of his knowledge and belief, the statements made in the application are accurate.

Annual returns

5.—(1) The proprietor of a registered school shall deliver to the Registrar an annual return for that school in every school year.

(2) Each return shall—

(a) be provided in writing,

(b) be made up to the relevant date,

(c) be delivered to the Registrar within one month following the relevant date in each school year,

(d) contain the information specified in Part III of the Schedule, and

(e) contain a certificate signed by the proprietor or by a person authorised by him to give the certificate on his behalf that, to the best of his knowledge and belief, the statements made in the annual return are accurate.

(3) “Relevant date” means, in relation to a particular school year and in the case of a particular school, the date specified in, or determined in accordance with, a written notice given to the proprietor for the purposes of these Regulations by the Secretary of State.

Notice of certain changes

6.—(1) Within one month of the occurrence of a designated change affecting a registered school, the proprietor shall deliver to the Registrar a written notification of—

(a) the nature of the designated change,

(b) the date on which it occurred, and

(c) such of the particulars specified in paragraph (3) as are applicable.

(2) In paragraph (1) “designated change” means—

(a) a change of proprietor;

(b) a change of head teacher;

(c) a change of the school’s name;

(d) a change of the school’s location; or

(e) the discontinuance of the school.

(3) The particulars referred to in paragraph (1)(c) are—

(a) where there is a change of proprietor, the name, address and telephone number of the new proprietor;

(b) where there is a change of head teacher, the name, date of birth and qualifications of the new head teacher;

(c) where there is a change of the school’s name, the new name of the school; and

(d) where there is a change of the school’s location, the new address and telephone number of the school.

(4) Where there is an obligation under paragraph (1) to notify the Registrar of a change of proprietor of a registered school, the reference in that paragraph to the proprietor shall mean the new proprietor.

(5) Where the location of a registered school is moved from England to Wales (or vice versa), the notice required by paragraph (1) shall be given to each Registrar; and the notice to be given to the Registrar for the country to which the school has moved shall be accompanied by a written statement containing—

(a) the information required by regulation 5(2)(d) to be given in an annual return made up to the day after the date on which the move occurred; and

(b) a certificate signed by the proprietor or by a person authorised by him to give the certificate on his behalf that, to the best of his knowledge and belief, the said information is accurate.

Misconduct reports

7.—(1) Where a person employed at a registered school ceases to be so employed by reason of his misconduct, the proprietor shall report the facts of the case to the Registrar in writing within one month following the date on which that person ceases to be employed at the school.

(2) Paragraph (1) applies whether or not that person—

(a) is convicted of a criminal offence in relation to the misconduct concerned, or

(b) (where he has a contract of employment) is dismissed by his employer or would have been so dismissed or considered for dismissal but for his resignation.

PART III DE-REGISTRATION

Deletion of a school’s name from the register

8.—(1) If the Secretary of State is satisfied that the proprietor of a school has failed to comply with any requirement specified in regulation 5, 6 or 7 (“a Part II requirement”) he may, subject to paragraphs (2) and (3), order the deletion from the register of the name of that school.

(2) The Secretary of State shall not exercise his power under paragraph (1) without giving the proprietor notice in writing of—

(a) the date (being not sooner than two months after the date of the notice) on which it is intended to make the deletion, and

(b) the specific Part II requirement with which he considers the proprietor has failed to comply.

(3) If, by the date referred to in paragraph 2(a), the proprietor satisfies the Secretary of State that he has complied with the Part II requirement in question (disregarding the fact that he may have been late in so doing) the Secretary of State shall not exercise his power under paragraph (1).

(4) This regulation is without prejudice—

(a) in the case of a school which is discontinued, to the removal of its name from the register; and

(b) in the case of a school whose location is moved from England to Wales (or vice versa), the transfer of the name of the school from the register maintained for one country to that maintained for the other.