Statutory Instruments
2012 No. 1293
Education, England
The Education (Exemption from School Inspection) (England) Regulations 2012
Made
15th May 2012
Laid before Parliament
18th May 2012
Coming into force
8th June 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 5(4A) and 120(2)(a) of the Education Act 2005( 1 ).
Citation, commencement and application
1. —(1) These Regulations may be cited as the Education (Exemption from School Inspection) (England) Regulations 2012 and come into force on 8th June 2012.
(2) These Regulations apply in relation to schools in England only.
Interpretation.
2. In these Regulations –
“the 2005 Act” means the Education Act 2005; and
“the 2010 Act” means the Academies Act 2010( 2 ).
Categories of school prescribed for the purposes of section 5(4A) of the 2005 Act
3. —(1) The categories of school that are prescribed for the purposes of section 5(4A) of the 2005 Act are those falling within the following subsections of section 5( 3 ) of that Act—
(a) subsection (2)(a) (community, foundation and voluntary schools);
(b) subsection (2)(d) (Academy schools) subject to paragraph (2) of this regulation;
(c) subsection (2)(e) (city technology colleges); and
(d) subsection (2)(f) (city colleges for the technology of the arts).
(2) An Academy school is not a prescribed category of school if it is an educational institution of the kind described in section 1A(2) of the 2010 Act( 4 ).
Circumstances prescribed for the purposes of section 5(4A) of the 2005 Act
4. —(1) The circumstances prescribed for the purposes of section 5(4A) of the 2005 Act are the circumstances set out in paragraphs (2) and (3).
(2) The school’s overall effectiveness was awarded the highest grade in the school’s most recent inspection under section 5 of the 2005 Act.
(3) In the case of a school which is an Academy school that has not previously been inspected under section 5 of the 2005 Act and has a predecessor school—
(a) its predecessor school’s overall effectiveness was awarded the highest grade in its last inspection under section 5; or
(b) if that Academy school has two or more predecessor schools, each predecessor school’s overall effectiveness was awarded the highest grade in its last inspection under section 5.
(4) In this regulation—
(a) a reference to an inspection under section 5 of the 2005 Act includes a reference to an inspection under section 8 of that Act (other inspections) which has been treated by the Chief Inspector( 5 ) as an inspection under section 5( 6 ); and
(b) a reference to an Academy school’s “predecessor school” is a reference to—
(i) the school that was discontinued and which that Academy school replaced; or
(ii) the maintained school which converted into that Academy school in accordance with section 4 of the 2010 Act( 7 ).
Nick Gibb
Minister of State
Department for Education
15th May 2012
2005 c.18 . Section 5(4A) was inserted by section 40 of the Education Act 2011 (c.21) (“the 2011 Act”). See section 12 of the Education Act 2005 (“the 2005 Act”) for the definitions of “prescribed” and “regulations”.
Section 5 of the 2005 Act was also amended by: paragraph 23 of Schedule 7 to the Education and Inspections Act 2006 (c.40) ; paragraphs 25 and 26 of Schedule 1 to the Education and Skills Act 2008 (c. 25) ; paragraphs 16 and 17 of Schedule 2 to the 2010 Act; and section 41 and paragraphs 1, 2 and 15 of Schedule 13 to the 2011 Act.
Section 1A was inserted by section 53(4) of the 2011 Act.
See section 12 of the 2005 Act for the meaning of Chief Inspector.
Section 9 of the 2005 Act provides the circumstances in which an inspection under section 8 of that Act may be treated as an inspection under section 5.
Section 4 of the 2010 Act provides that an Academy order in respect of a school is an order for the purpose of enabling the school to be converted into an Academy. A maintained school is “converted into” an Academy if Academy arrangements are entered into in relation to the school or the school that replaces it. “Academy arrangements” are defined at section 1 of the 2010 Act. Section 1A of the 2010 Act provides that an Academy which meets the requirements of that section is to be known as an Academy school.