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The Education (Particulars of Independent Schools) Regulations 1997

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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.

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