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( 2 ), 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( 3 ); 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( 4 ).

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( 5 );

“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( 6 ) 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( 7 ) and the Education (Provision of Information by Independent Schools) (England) (Amendment) Regulations 2004( 8 ) are revoked.

Regulations 3, 4 and 5

SCHEDULE

PART 1 INTRODUCTORY

1. —(1) In this Schedule—

“charity” means a body of persons or trust established for charitable purposes only;

“the relevant date”—

“year group”, in relation to a school, means—

(2) Any reference in this Schedule to a person employed at a school is a reference to a person—

(a) providing education at the school;

(b) taking part in the management of the school; or

(c) carrying on work which—

(i) brings the person regularly into contact with children who are students at the school; and

(ii) is carried out at the request of or with the consent of the proprietor of the school (whether or not under a contract).

PART 2 INFORMATION REQUIRED IN AN APPLICATION

2. —(1) If the proprietor( 9 ) is an individual—

(a) the individual’s full name and any previous names by which the individual has been known; and

(b) the individual’s usual residential address, telephone number and date of birth.

(2) If the proprietor is a body of persons corporate or unincorporate—

(a) the body of persons’ name;

(b) the address and telephone number of its registered or principal office; and

(c) in relation to each member of the body of persons—

(i) their full name and any previous names by which they have been known; and

(ii) their usual residential address and date of birth.

(3) The name and address of the school, its telephone number and any e-mail address.

(4) If the school has a governing body, the full name, usual residential address and telephone number of the chair of that body.

3. —(1) A statement that the school is an independent school.

(2) The age range of students.

(3) The maximum number of students.

(4) Whether the school is for male students or female students or both.

(5) Whether the school provides accommodation for students or makes arrangements for the provision of such accommodation.

(6) Whether the school is specially organised to make special educational provision for students with special educational needs.

(7) If the school is within sub-paragraph (6), the type or types of special educational needs for which the school is specially organised to make special educational provision.

(8) A plan showing the layout of the school premises and any accommodation provided.

(9) Detailed curriculum plans, schemes of work and student assessment procedures.

(10) The written policy required by paragraph 9 of Schedule 1 to the Education (Independent School Standards) (England) Regulations 2010( 10 ).

(11) Particulars of the arrangements for meeting the standards contained in paragraphs 7, 10 and 12 of that Schedule.

(12) The complaints procedure required by paragraph 25 of that Schedule.

(13) Whether the proprietor intends to provide any child with accommodation at the school (or elsewhere pursuant to arrangements made by the proprietor) for more than 295 days in any year.

(14) The religious ethos of the school, if any.

(15) Whether the premises of the school, including any accommodation provided, are at two or more separate locations, and if so, the address of each of those locations.

(16) If the school is a charity, or is conducted by a charity, the name of the charity and the number under which it is registered.

PART 3 INFORMATION REQUIRED IN AN INITIAL RETURN

4. —(1) The number of students in each year group.

(2) If the school provides accommodation, or makes arrangements for the provision of accommodation, the number of boarding students.

(3) If the school also provides part-time education—

(a) the number of students in each year group who receive part-time education; and

(b) the number of students in each year group who receive full-time education.

(4) If the school is co-educational, the numbers required by sub-paragraphs (1) to (3) are to be given separately for male and female students.

5. —(1) The number of students at the school in respect of whom a local authority maintain a statement of special educational needs pursuant to section 324 of the Education Act 1996( 11 ).

(2) The number of students at the school who—

(a) are not within sub-paragraph (1); but

(b) have been identified as having special educational needs.

6. The number of students at the school who are looked after by a local authority (within the meaning in section 22(1) of the Children Act 1989( 12 )).

7. —(1) In relation to teachers employed at the school—

(a) the number of full-time teachers;

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

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

(2) The numbers required by sub-paragraph (1) are to be given separately for male and female teachers.

8. —(1) In relation to every person employed at the school—

(a) the person’s full name and any previous names by which the person has been known; and

(b) the capacity in which the person is employed.

(2) In relation to every teacher employed at the school, a statement as to whether the teacher is the head teacher, a full-time teacher or a part-time teacher.

9. —(1) The amount of annual tuition and other fees (excluding fees for accommodation) payable in respect of a student at the school as a condition of the student’s attendance.

(2) In the case of a school which provides accommodation for students, or makes arrangements for the provision of accommodation, the amount of annual fees payable in respect of a boarding student for accommodation.

PART 4 INFORMATION REQUIRED IN AN ANNUAL RETURN

10. All the information specified in Parts 2 and 3 of this Schedule with the exception of that in paragraphs 2(2)(c), 3(1) to (15) and 8.

11. —(1) In relation to every person who has started or ceased to be employed at the school since the relevant date—

(a) the person’s full name and any previous names by which the person has been known; and

(b) the capacity in which the person is or was employed.

(2) In relation to every teacher who has started or ceased to be employed at the school since the relevant date, a statement as to whether the teacher is or was the head teacher, a full-time teacher or a part-time teacher.

12. —(1) The number of students attending the school for whom accommodation was provided there (or elsewhere pursuant to arrangements made by the proprietor) for more than 295 days in any year.

(2) The information required by sub-paragraph (1) must relate to—

(a) the year immediately before the date to which the return is made up, in the case of the first annual return; or

(b) the two years immediately before that date, in any other case.

13. —(1) The number of students in each year group of students aged 15, 16, 17 and 18 years who are pursuing courses for examinations.

(2) The number of students in each year group of students aged 15, 16, 17 and 18 years who have completed courses for an examination in a qualification determined by the Office of Qualifications and Examinations Regulation( 13 ) as a level 3 qualification but who remain at the school for a purpose other than for pursuing a further course of that nature.

(3) The number of students in each year group of students aged 15, 16, 17 and 18 years (except for those within sub-paragraph (2)) who attend the school for a purpose other than for pursuing courses for an examination mentioned in sub-paragraph (2).

(4) The numbers required by sub-paragraphs (1) and (2) are to be given separately for male and female students.

14. If a change has occurred in the premises of, or accommodation provided at, the school since the relevant date, particulars of the change.

15. If a change has occurred since the relevant date in the membership of a body of persons named as the proprietor in the register or in an application to enter the school in the register, for any new member, the information required by paragraph 2(2)(c) of this Schedule.