The Education (Particulars of Independent Schools) Regulations 1997

Statutory Instruments

1997 No. 2918

EDUCATION, ENGLAND AND WALES

The Education (Particulars of Independent Schools) Regulations 1997

Made

9th December 1997

Laid before Parliament

10th December 1997

Coming into force

1st January 1998

In exercise of the powers conferred upon the Secretary of State by sections 465(1), 467, 569(4) and 579(1)(1) of the Education Act 1996(2), the Secretary of State for Education and Employment, as regards England, and the Secretary of State for Wales, as regards Wales, hereby make the following Regulations:

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(3), the Education (Particulars of Independent Schools) (Amendment) Regulations 1991(4) and the Education (Particulars of Independent Schools) (Amendment) Regulations 1994(5) 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.

(regulations 4 and 5)

SCHEDULE

PART I INTRODUCTORY

1.—(1) In this Schedule—

(a) “boarding pupil” in relation to a school means a pupil provided with accommodation there (or elsewhere under arrangements made by the school’s proprietor);

(b) “charity” has the meaning specified in section 96(1) of the Charities Act 1993(6);

(c) “relevant examination” means an examination for—

(i) the General Certificate of Education (Advanced or Advanced Supplementary level);

(ii) a General National Vocational Qualification (Advanced level);

(iii) a General National Vocational Qualification (Intermediate or Foundation level);

(iv) a British Technology Education Council First or National Qualification, or a qualification equivalent to either of those awarded by The City and Guilds of London Institute;

(v) a National Vocational Qualification (level 1, 2 or 3); or

(vi) the General Certificate of Secondary Education.

(d) “relevant age group” means a group of pupils attending the school who attain the same age in years during the period of twelve months beginning on 1st September in the school year in which the application is made (or, as the case may be, during the period of twelve months beginning with the 1st September immediately preceding the date to which the annual return is made up); and

(e) “15+ age group” means a relevant age group consisting of pupils who have attained the age of fifteen, or will attain that age by the end of a period of twelve months mentioned in sub-paragraph (d).

(2) Paragraph 13 does not apply in the case of a school approved by the Secretary of State under section 347 of the Education Act 1996; and in that paragraph—

(a) “year” means a period of twelve months, and

(b) “children” means persons under the age of 18.

(3) For the purposes of paragraph 16, paragraphs 7(1)(b) and 13(1) shall have effect as if for “the date referred to in paragraph 2” there were substituted “the relevant date”.

PART II INFORMATION REQUIRED IN AN APPLICATION

2.  The date to which the information contained in the application is made up.

3.—(1) The name of the proprietor, and any previous names by which he has been known.

(2) The proprietor’s address and telephone number.

(3) Where the school has a governing body, the name and address of the chairman of that body.

4.—(1) The name and address of the school and its telephone number.

(2) Whether the premises of the school are at two or more separate locations, and if so the address of each such location.

5.  Where the school is, or is conducted by, a charity, the name of that charity and any number under which it is registered in accordance with section 3 of the Charities Act 1993.

6.—(1) The number of pupils in each relevant age group.

(2) In the case of a co-educational school, the numbers required by this paragraph shall be stated separately for boys and for girls.

(3) In the case of a school providing part-time in addition to full-time education, the numbers required by this paragraph shall be stated separately as respects pupils receiving part-time education and those receiving full-time education.

7.—(1) In the case of a school taking both day and boarding pupils—

(a) the number of boarding pupils; and

(b) the ages (as at the 31st August immediately preceding the date referred to in paragraph 2) of the eldest and of the youngest boarding pupil.

(2) In the case of a co-educational school, the particulars required by this paragraph shall be given separately for boys and for girls.

8.—(1) The number of pupils at the school in respect of whom a local education authority maintains a statement of special educational needs pursuant to section 324 of the Education Act 1996; and in respect of each such pupil—

(a) his name;

(b) the date on which he became a pupil at the school; and

(c) the name of the local education authority maintaining the statement.

(2) The number of pupils at the school who have been identified as having special educational needs but in respect of whom no statement of such needs is maintained pursuant to that section.

9.  The following particulars relating to teachers employed at the school (with numbers given separately for men and for women teachers)—

(a) the number of full-time teachers;

(b) the number of part-time teachers; and

(c) the aggregate number of hours a week normally worked by part-time teachers in term time.

10.  The following particulars relating to every person employed at the school—

(a) his name and any previous names by which he was known,

(b) his sex, date of birth and the capacity in which he is employed, and

(c) in the case of each teacher, his qualifications and a statement as to whether he is the head teacher, a full-time teacher or a part-time teacher.

11.—(1) The amount of annual tuition and other fees the payment of which is a condition of attendance at the school, excluding boarding fees, payable in respect of a pupil at the school.

(2) In the case of a school taking boarding pupils, the amount of annual boarding fees payable in respect of a boarding pupil.

12.—(1) Particulars of advice given by the fire authority, in pursuance of section 1(1)(f) of the Fire Services Act 1947(7), as to fire precautions, restricting the spread of fires and means of escape in case of fire, including the date on which such advice was last given.

(2) Particulars of the extent to which any specific recommendations contained in such advice have, or have not, been acted upon.

13.—(1) In each year that fell within the period of two years ending with the date referred to in paragraph 2, the number of children attending the school for whom accommodation was provided there (or elsewhere, pursuant to arrangements made by the proprietor) for more than 295 days in that year.

(2) Whether the proprietor intends to provide more than three such children with accommodation at the school (or elsewhere, pursuant to arrangements made by him) for more than 295 days in any year.

14.  Whether the school has a policy of admitting pupils which is to any extent based on selection by reference to their ability or aptitude.

PART III INFORMATION REQUIRED IN AN ANNUAL RETURN

15.  The date to which the annual return is made up.

16.  The information specified in paragraphs 3, 4(1), 5 to 9 and 11 to 14 in Part II of this Schedule.

17.—(1) The number of pupils in each 15+ year group who are pursuing courses for a relevant examination.

(2) The number of pupils in each 15+ year group who have completed courses for an examination of the nature described in paragraph 1(1)(c)(i) or (ii), but who remain at the school for a purpose other than for pursuing any further course of that nature.

(3) The number of pupils in each 15+ year group (except for those who fall into the category of pupils referred to in sub-paragraph (2)) who attend the school for a purpose other than for pursuing courses for a relevant examination.

(4) The numbers specified in the annual return pursuant to sub-paragraph (1) shall be stated separately for different relevant examinations and, in the case of examinations of the nature described in paragraph 1(1)(c)(i) or (ii), separately for—

(a) courses exclusively in mathematical or scientific subjects;

(b) courses exclusively in other subjects;

(c) courses partly in mathematical or scientific subjects and partly in other subjects; and

(d) boys and girls.

18.—(1) In respect of every person who, since the date to which the immediately preceding annual return was made up (or, in the case of the first annual return, since the date to which the information contained in the application for the registration of the school was made up), either has become employed at the school or has ceased to be employed there, the following particulars—

(a) his name and any previous names by which he was known;

(b) his date of birth and the capacity in which he is or was employed at the school; and

(c) where he is a teacher, his qualifications and a statement as to whether he is or was the head teacher, a full-time teacher or a part-time teacher.

19.  Where, since the date to which the immediately preceding annual return was made up (or, in the case of the first annual return, since the date to which the information contained in the application for the registration of the school was made up), a change has occurred in the accommodation provided at the school premises, particulars of such changes.

Stephen Byers

Minister of State,

Department for Education and Employment

7th December 1997

Peter Hain

Parliamentary Under-Secretary of State, Welsh Office

9th December 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace, with amendments, the Education (Particulars of Independent Schools) Regulations 1982 (as amended by a number of subsequent Regulations). They relate to applications for registration of independent schools under section 465 of the Education Act 1996, and information to be provided periodically by the proprietors of registered schools pursuant to section 467 of the 1996 Act.

Apart from minor drafting amendments, the changes made from the 1982 Regulations are set out below.

Regulation 7 and paragraphs 9, 10 and 18 of the Schedule oblige the proprietor of a registered school to provide information to the Registrar about employees at a school. These provisions are extended so as to require the same information to be supplied as regards persons engaged to provide certain services at a school other than under a contract of employment (regulation 2(2)).

A proprietor is required to notify the Registrar of changes of certain particulars relating to the school within one month of the change taking place. Under the previous Regulations the change had to be notified “forthwith” (regulation 6).

A proprietor is no longer required to state in the application for registration and in each annual return the numbers of teachers employed at the school who are graduates (paragraph 9 of the Schedule).

The particulars to be supplied in an annual return as regards courses of study pursued by pupils who have attained the age of 15 have been changed (paragraph 17 of the Schedule).

A proprietor is no longer required to supply in every annual return the details of all teachers and other staff employed at the school; henceforth he will only have to give details of staff members who have started or ceased to be employed since the previous annual return, or (in the case of the first return) since the application for registration (paragraph 18 of the Schedule).

The Schedule to the Regulations requires a proprietor to provide the following new information in the application for registration and in each annual return:

(a) where the school has a governing body, the name and address of the Chairman of Governors (paragraph 3(3));

(b) (in the case of an application for registration only) whether the school premises are at two or more separate locations, and if so the address of each location (paragraph 4(2));

(c) where the school is, or forms part of, a charity, the name of the charity and its registered charity number (paragraph 5);

(d) the number and details of children at the school who have statements of special educational needs, and number of pupils who have such needs but in respect of whom no statement is maintained (paragraph 8);

(e) whether the school has a policy of admitting pupils which is based wholly or partially by reference to their ability or aptitude (paragraph 14); and

(f) (in the case of annual returns only) details of changes in the accommodation provided at the school since the date of the last annual return (or, in the case of the first return, the date of the application) (paragraph 19).

(1)

Section 579(1) is cited for the meaning of “prescribed” and “regulations”.

(2)

1996 c. 56.

(3)

S.I. 1982/1730.

(4)

S.I. 1991/1034.

(5)

S.I. 1994/537.

(6)

1993 c. 10.

(7)

1947 c. 41.