The Education (Independent Educational Provision in England) (Provision of Information) Regulations 2010

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Independent Educational Provision in England) (Provision of Information) Regulations 2010 and come into force on 1st January 2011.

(2) They apply to independent educational institutions in England which are independent schools(1), except that—

(a) these Regulations do not apply to a school—

(i) established as a city technology college or a city college for the technology of the arts before 26th July 2002 by an agreement under section 482 of the Education Act 1996(2); and

(ii) which is not an Academy; and

(b) regulations 4 and 5 and paragraph 3(6) to (12) of Part 2 of the Schedule do not apply to Academies(3).

Interpretation

2.  In these Regulations—

“the 2008 Act” means the Education and Skills Act 2008;

“accuracy statement” means a statement that, to the best of the knowledge and belief of the person making it, the information contained in the document to which the statement relates is accurate;

“application” means an application under section 98(1) of the 2008 Act for an independent school to be entered on the register(4);

“school” means an independent school.

Application for registration of an independent school

3.  An application must—

(a) be made in writing;

(b) state the first date on which the school intends to admit students;

(c) contain the information specified in Part 2 of the Schedule; and

(d) contain an accuracy statement made by the proprietor.

Initial return

4.—(1) If requested to do so by the Secretary of State, the proprietor of a registered(5) school must provide the Secretary of State with an initial return for the school.

(2) An initial return must—

(a) be made in writing;

(b) contain the information specified in Part 3 of the Schedule; and

(c) contain an accuracy statement made by the proprietor or a person authorised by the proprietor to make the statement on the proprietor’s behalf.

(3) An initial return must be provided within three months of—

(a) the admission date; or

(b) if the Secretary of State’s request for the initial return was made after the admission date, the date of the request.

(4) “The admission date” is the first date on which—

(a) five or more students are admitted to the school, if the school is an independent school by virtue of section 463(1)(a) of the Education Act 1996; or

(b) one student is admitted to the school, if the school is an independent school by virtue of section 463(1)(b) of that Act.

Annual return

5.—(1) If requested to do so by the Secretary of State, the proprietor of a registered school must provide the Secretary of State with an annual return for the school.

(2) An annual return must—

(a) be made in writing;

(b) be made up to the date specified by the Secretary of State;

(c) contain the information specified in Part 4 of the Schedule; and

(d) contain an accuracy statement made by the proprietor or a person authorised by the proprietor to make the statement on the proprietor’s behalf.

(3) An annual return must be provided within one month of the date specified by the Secretary of State by virtue of paragraph (2)(b).

Removal of a school from the register

6.—(1) If the Secretary of State is satisfied that the proprietor of a school has failed to comply with a requirement of regulation 4 or 5, the Secretary of State may remove the school from the register.

(2) If the Secretary of State makes a decision under paragraph (1) to remove a school from the register, the Secretary of State must notify the proprietor of the school of the decision.

(3) A decision under paragraph (1) to remove a school from the register does not have effect during the period in which—

(a) an appeal may be brought under section 124 of the 2008 Act against the decision; or

(b) where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Revocation

7.  The Education (Provision of Information by Independent Schools) (England) Regulations 2003(6) and the Education (Provision of Information by Independent Schools) (England) (Amendment) Regulations 2004(7) are revoked.

Nick Gibb

Minister of State

Department for Education

7th December 2010