2022 No. 905

Education, England

The Independent School Standards and Non-Maintained Special Schools (England) (Amendment) Regulations 2022

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 342(2) and (4) and 569(4) of the Education Act 19961 and sections 94(1)(c), (d) and (e) and (2) and 166(6) of the Education and Skills Act 20082.

Citation, commencement and extent1

1

These Regulations may be cited as the Independent School Standards and Non-Maintained Special Schools (England) (Amendment) Regulations 2022 and come into force on 5th September 2022.

2

These Regulations extend to England and Wales.

Amendments to the Education (Independent School Standards) Regulations 20142

1

The Education (Independent School Standards) Regulations 20143 are amended as follows.

2

In regulation 2(1) (interpretation)—

a

in the definition of “the National Minimum Standards for Boarding Schools”4, for “April 2015” substitute “May 2022”; and

b

in the definition of “the National Minimum Standards for Residential Special Schools”, for “April 2015” substitute “May 2022”.

3

In the Schedule—

a

in each of paragraphs 18(2)(f) and 19(2)(e)—

i

for “Standard 14” where it first occurs substitute “Standard 19”; and

ii

for “Standard 14” where it next occurs substitute “Standard 24”; and

b

in paragraph 30—

i

for “Standard 5” where it first occurs substitute “Standard 4”; and

ii

for “Standard 5” where it next occurs substitute “Standard 9”.

Amendment to Non-Maintained Special Schools (England) Regulations 20153

1

The Non-Maintained Special Schools (England) Regulations 20155 are amended as follows.

2

In regulation 2(1) (interpretation), in the definition of “National Minimum Standards” for “April 2015” substitute “May 2022”.

Transitional provisions4

1

Where after the coming into force of these Regulations, the Secretary of State makes a decision specified in the left-hand column of the following table in the circumstances specified in the right-hand column, that decision is to be taken as if the amendments made by these Regulations had not been made.

Specified decision

Specified Circumstances

Determination under section 162 of the Education Act 2002 6 of an application for approval of a material change.

Where the application was made before the coming into force of these Regulations.

Determination under section 99(2) of the Education and Skills Act 2008 of an application for registration.

Where the application was made before the coming into force of these Regulations.

A decision to require the submission of an action plan under section 114(3) of the Education and Skills Act 2008 or to take enforcement action under section 116 of that Act.

Where the most recent report made to the Secretary of State under section 109 of that Act in relation to the institution in question—

  1. i

    was received by the Secretary of State before the coming into force of these Regulations; or

  2. ii

    is a report of an inspection to which paragraph (2) applies.

A decision whether to approve or reject an action plan under section 114(6) of the Education and Skills Act 2008.

Where the Secretary of State served notice requiring submission of the action plan under section 114(5) of that Act before the coming into force of these Regulations.

2

Where an inspection of a description specified in the left-hand column of the following table is carried out in the circumstances specified in the right-hand column, that inspection is to be carried out, and the report of that inspection made, as though the amendments made by these Regulations had not been made.

Specified inspection

Specified circumstances

An inspection carried out under section 162(4) of the Education Act 2002 or section 99(1) of the Education and Skills Act 2008.

Where the application in respect of which the inspection is carried out was made before the coming into force of these Regulations.

An inspection carried out under section 109 of the Education and Skills Act 2008.

Where inspection of the institution in question began before the coming into force of these Regulations.

BarranParliamentary Under Secretary of StateDepartment for Education
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Independent School Standards) Regulations 2014 (“the 2014 Regulations”) and the Non-Maintained Special Schools (England) Regulations 2015 (“the 2015 Regulations”).

Regulations 2 and 3 amend certain provisions of the 2014 and 2015 Regulations consequential on the publication of new National Minimum Standards for Boarding Schools and the Minimum Standards for Residential Special Schools in May 2022.

Regulation 4 makes transitional provision which sets out circumstances in which the 2014 should continue to apply as they were immediately before the coming into force of these Regulations in order to ensure that no changes are required to the applicable standards in respect of inspections which have already commenced, applications which have already been made and decisions which rely on existing evidence.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.