Report by the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Ambassador Madina Jarbussynova
This Part applies to any person who is resident in England and who—
has ceased to be of compulsory school age,
has not reached the age of 18, and
has not attained a level 3 qualification (see section 3).
A person to whom this Part applies must—
be participating in appropriate full-time education or training (see section 4),
be participating in training in accordance with a contract of apprenticeship, or
both—
be in full-time occupation (see section 5), and
participate in sufficient relevant training or education in each relevant period (see sections 6 to 8).
For the purposes of this Part, a person who is in full-time occupation is to be taken to be participating in sufficient relevant training or education at any particular time if—
arrangements have been made (whether by means of enrolment on a course or courses, or otherwise) for the person to receive sufficient relevant training or education during the current relevant period, and
where the arrangements call for the person to be participating in training or education at the time, the person is so participating.
In this Part, “level 3 qualification” means a prescribed external qualification, or an external qualification of a prescribed description, at level 3.
For this purpose, level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.
A qualification, or description of qualification, prescribed under subsection (1) may be prescribed by reference to an assessment made by the Qualifications and Curriculum Authority of the level of attainment demonstrated by a qualification; and for that purpose regulations under subsection (1) may confer a function (which may include the exercise of a discretion) on the Authority.
In subsection (1), “external qualification” has the meaning given in section 24 of the Education Act 1997 (c. 44).
The Secretary of State may by order amend subsection (2) so as to substitute a different qualification for the qualification for the time being referred to.
In this Part, “appropriate full-time education or training”, in relation to a person, means full-time education or training which is suitable for the person, having regard— and is provided at a school, at a college of further education, at an institution within the higher education sector or otherwise.
to the person’s age, ability and aptitude, and
to any learning difficulty which the person may have,
Regulations may provide that a particular description of— is, or is not, to be treated as being “full-time” for the purposes of this section.
education provided otherwise than at a school, or
training,
Subsections (5) and (6) of section 13 of the Learning and Skills Act 2000 (c. 21) (persons with learning difficulties) apply for the purposes of this section.
For the purposes of this Part, a person is in full-time occupation if the person works for at least 20 hours per week— otherwise than under a short-term contract or arrangement.
under a contract of employment, or
in any other way which may be prescribed,
The power conferred by subsection (1)(b) includes, in particular, power to prescribe the following ways of working—
as a self-employed person,
otherwise than for reward, or
as the holder of an office.
For the purposes of this section, the number of hours for which a person works per week is—
the number of the person’s normal weekly working hours, less
the number of hours of actual guided learning—
which constitute relevant training or education, and
in which the young person participates each week during normal weekly working hours.
In subsection (3)—
in respect of a failure to comply with any sentence imposed for such an offence;
in relation to an institution within paragraph (c) or (f) of that definition, the proprietor;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
has attained the age of 20 but not the age of 25, and
any costs ordered by a court to be paid by the person on whom the fine was imposed in connection with the offence or proceedings relating to the offence or any sentence imposed (including proceedings on appeal);
in relation to an institution within the further education sector, the governing body within the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13).
Section 234 of the Employment Rights Act 1996 (c. 18) (construction of references to normal working hours where employee entitled to overtime pay) applies for the purposes of the definition of “normal weekly working hours” in subsection (4) as it applies for the purposes of that Act.
Regulations may make provision for a person to be, or not to be, treated as working for at least 20 hours per week in cases where the number of hours for which the person works per week (calculated under subsection (3)) varies from week to week.
Where a person works otherwise than under— the number of hours for which the person works per week is the aggregate of the amounts calculated under subsection (3) in relation to each of the contracts or arrangements under which the person works.
a single contract of employment, or
a single arrangement (in the case of a way of working prescribed under subsection (1)(b)),
For the purposes of subsection (1)—
a contract of employment is a short-term contract unless it—
has a fixed term of 8 weeks or longer, or
does not have a fixed term but has been, or can reasonably be expected to be, in force for at least 8 weeks;
an arrangement, in the case of a way of working prescribed under paragraph (b) of that subsection, is a short-term arrangement unless it has been, or can reasonably be expected to be, in force for at least 8 weeks.
In this Part, “relevant training or education” means training or education towards an accredited qualification provided by a course or courses.
For this purpose, “accredited qualification” means a qualification which has been accredited by the Qualifications and Curriculum Authority under section 24(2)(g) of the Education Act 1997 (c. 44) (functions of the Authority in relation to external vocational and academic qualifications).
In this Part, “relevant period”, in relation to a person, means a period beginning with a start date and ending with the next end date.
The following are start dates for the purposes of subsection (1)—
a date on which subsection (4) starts to apply to the person;
the date immediately following the end of a relevant period (if on that date that subsection still applies to the person).
The following are end dates for the purposes of subsection (1)—
a prescribed date;
a date on which subsection (4) ceases to apply to the person.
This subsection applies to a person at any time when—
this Part applies to the person, and
the person is not participating in education or training in accordance with section 2(1)(a) or (b).
For the purposes of this Part, relevant training or education is “sufficient” in relation to any relevant period if it amounts in aggregate to—
at least 280 hours of guided learning, in the case of a relevant period which is one year;
such number of hours of guided learning as is determined in accordance with regulations, in the case of any other relevant period.
For the purposes of this Part, a person participates in a particular number of hours of guided learning by—
participating in actual guided learning for that number of hours, or
completing a course or courses which can reasonably be expected to be adequate to enable persons completing it or them to achieve any standard required to attain an accredited qualification to which that number of hours of guided learning has been assigned.
In subsection (2)—
“actual guided learning”, in relation to a person, means time the person spends— but does not include time spent on unsupervised preparation or study, whether at home or otherwise;
is held by the person for a relevant purpose, and
“proprietor”, in relation to a school or other institution, means the person or body of persons responsible for its management;
Regulations may make provision for attributing to any relevant period a number of hours of guided learning in which a person participates (or is treated by the regulations as participating) by virtue of subsection (2)(b) in cases where courses do not begin and end during a single relevant period.
In section 24 of the Education Act 1997 (functions of Qualifications and Curriculum Authority in relation to external vocational and academic qualifications), after subsection (2A) insert—
A local education authority in England must ensure that its functions are (so far as they are capable of being so exercised) exercised so as to promote the effective participation in education or training of persons belonging to its area to whom this Part applies with a view to ensuring that those persons fulfil the duty imposed by section 2.
The governing body of an institution in England to which this section applies must exercise its functions (so far as they are capable of being so exercised) so as to promote the participation, through regular attendance, of persons to whom this Part applies and for whom the institution provides education or training in that education or training.
This section applies to—
a community, foundation or voluntary school;
a community or foundation special school;
a pupil referral unit;
an institution within the further education sector.
For the purposes of this section, “governing body”—
in relation to a pupil referral unit maintained by a local education authority, means any management committee established for the unit by virtue of paragraph 15 of Schedule 1 to the Education Act 1996 (c. 56) or, if there is no such committee, the authority, and
in relation to an institution within the further education sector has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13).
A local education authority in England must make arrangements to enable it to establish (so far as it is possible to do so) the identities of persons belonging to its area to whom this Part applies but who are failing to fulfil the duty imposed by section 2.
Where— the responsible person must give notice to the appropriate service provider of those circumstances.
arrangements have been made for a person to whom this Part applies to participate in education or training provided by an educational institution in England,
the person is not participating in that education or training at a time when the arrangements call for the person to be so participating, and
the responsible person has reasonable cause to believe that in consequence of that failure to participate the person is failing to fulfil the duty imposed by section 2,
Where a local education authority— it must as soon as reasonably practicable give notice to the service provider for the other local education authority of the circumstances notified to it under subsection (1).
itself provides services in exercise of its functions under section 68(1), and
receives a notice under subsection (1) relating to a person to whom this Part applies who belongs to the area of another local education authority,
Subsection (4) applies where, in exercise of its functions under section 68(3)(b), a local education authority makes arrangements with another person (“the provider”) for the provision of services.
The arrangements must secure that, as soon as reasonably practicable after receiving a notice under subsection (1) relating to a person to whom this Part applies who belongs to the area of another local education authority, the provider gives notice to the service provider for the other local education authority of the circumstances notified to the provider under subsection (1).
In this section—
“educational institution” means—
“parent”, in relation to a child, has the meaning given by section 576 of the Education Act 1996 (c. 56);
a community, foundation or voluntary school,
a pupil referral unit,
a city technology college, a city college for the technology of the arts or an Academy,
Relevant information about a pupil or student— must, on request by a local education authority in England, be provided by the responsible person to the authority.
who is attending an educational institution in England, and
to whom this Part applies,
A local education authority may request information under subsection (1) only for the purpose of enabling or assisting it to exercise its functions under this Part.
For the purpose of subsection (1), “relevant information” means—
the name, address and date of birth of the pupil or student;
the name and address of a parent of the pupil or student;
information in the institution’s possession about the pupil or student.
Information within subsection (3)(c) must not be provided under subsection (1) if— has instructed the responsible person not to provide information of that kind under this section.
the pupil or student concerned, in the case of a pupil or student who has attained the age of 16, or
a parent of the pupil or student concerned, in the case of a pupil or student who has not attained the age of 16,
In this section, “educational institution” and “responsible person” have the same meanings as in section 13.
Social security information may be supplied to a local education authority in England for the purpose of enabling or assisting the authority to exercise its functions under this Part.
In this section “social security information” means personal information about a person which is held for the purposes of functions relating to social security—
by the Secretary of State, or
by a person providing services to the Secretary of State in connection with the provision of those services.
For the purposes of subsection (2) “personal information”, in relation to a person, means—
the person’s name, address and date of birth, and
the name and address of a parent of the person.
A person to whom information is supplied under subsection (1) commits an offence by disclosing the information unless the disclosure is made—
for the purpose of enabling or assisting the exercise of any function of a local education authority under this Part,
for the purpose of the provision of services in pursuance of section 68 or 70(1)(b),
in accordance with section 17 or any other enactment or an order of a court or tribunal,
for the purpose of actual or contemplated proceedings before a court or tribunal,
with consent given by or on behalf of the person to whom the information relates, or
in such a way as to prevent the identification of the person to whom it relates.
It is a defence for a person charged with an offence under this section relating to a disclosure to prove that the person reasonably believed that the disclosure was lawful.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.
In subsection (6)(b) the reference to 12 months is to be read in relation to an offence committed before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on summary conviction of offence triable either way) as a reference to 6 months.
Any of the persons or bodies mentioned in subsection (2) may supply information about a person to a local education authority in England for the purpose of enabling or assisting the authority to exercise its functions under this Part.
Those persons and bodies are—
a local authority,
the Learning and Skills Council for England,
a Primary Care Trust,
a Strategic Health Authority,
a chief officer of police,
a provider of probation services,
a local probation board, and
a youth offending team.
In this section—
Any persons within subsection (2) may provide relevant information to each other.
Those persons are—
a local education authority in England, and
a service provider of that authority.
Information provided under subsection (1) may only be used by the person to whom it is provided for a purpose which is a relevant purpose in relation to that person.
A local education authority in England may use relevant information held by it for any relevant purpose.
A local education authority in England may provide relevant information to any other such authority for a purpose which is a relevant purpose in relation to that other authority.
A service provider of a local education authority in England may provide relevant information to any other service provider of that or any other such authority for a purpose which is a relevant purpose in relation to that other service provider.
In this section—
“relevant information”, in relation to a person providing or holding information, means information which—
In subsection (7)—
“young person” means a person who has attained the age of 13 but not the age of 20, and
“relevant young adult” means a person who— and subsections (5) and (6) of section 13 of the Learning and Skills Act 2000 (c. 21) (construction of references to learning difficulties) apply for this purpose.
has attained the age of 20 but not the age of 25, and
has a learning difficulty;
In exercising its functions under this Part, a local education authority must have regard to any guidance given by the Secretary of State.
In this Chapter, “relevant contract of employment” means a contract of employment—
under which the employee is required to work for at least 20 hours per week,
which—
has a fixed term of 8 weeks or longer, or
does not have a fixed term but can reasonably be expected to be, or has been, in force for at least 8 weeks, and
under which the place of work, or one of the places where the employee may be required to work, is in England.
But a contract is not a “relevant contract of employment” if—
the employer has undertaken to provide the employee with sufficient relevant training or education in each relevant period, and
by virtue of the contract, the employee is in full-time occupation for the purposes of this Part.
For the purposes of this Chapter, a person to whom this Part applies has made appropriate arrangements for training or education if—
the person has enrolled on a course or courses constituting relevant training or education (or arrangements have otherwise been made for the person to receive relevant training or education), or
the person is participating in full-time education or training.
References in this Chapter to appropriate arrangements made by the person are to the arrangements (of whatever kind and whether or not made by the person) for the person to receive the training or education in question.
A person must not, as employer, enter into a relevant contract of employment with a person to whom this Part applies without being satisfied, having taken all such steps as are reasonable to ascertain, that the person has made appropriate arrangements for training or education.
In the case of a relevant contract of employment which provides for commencement of the employment to be conditional on the employee’s having made such arrangements—
subsection (1) does not apply, but
the employer must not permit the employment to commence, at a time when the employee is a person to whom this Part applies, without being satisfied, having taken all such steps as are reasonable to ascertain, that the employee has made appropriate arrangements for training or education.
Failure to comply with this section in relation to a contract of employment is not to be taken to affect the validity of the contract.
Where a relevant local education authority is satisfied that a person (“the employer”) has contravened section 21, the authority may by notice (a “penalty notice”) require the employer to pay a financial penalty.
The amount of the financial penalty is to be determined in accordance with regulations.
A penalty notice must state—
particulars of the contravention of section 21 in respect of which the penalty is imposed,
the amount of the penalty,
how payment may be made,
the period within which the penalty must be paid (which must be not less than 4 weeks beginning with the date on which the notice is given),
the steps that the employer may take if the employer objects to the giving of the penalty notice, including how the employer may appeal against it, and
the consequences of non-payment.
For the purposes of subsection (1), a local education authority is a relevant local education authority in relation to a contract of employment under which a person to whom this Part applies is employed if—
the person belongs to the authority’s area, or
the person’s place of work, or one of the places at which the person works, under the contract is in the authority’s area.
Without prejudice to section 166(6), regulations under subsection (2) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).
This section applies where a penalty notice has been given to a person (“the employer”) under section 22 by a local education authority.
The employer may, by giving notice (a “notice of objection”) to the authority, object to the giving of the penalty notice on either or both of the following grounds—
that the employer did not commit the contravention of section 21 stated in the penalty notice;
that the amount of the penalty stated in the penalty notice is too high.
A notice of objection—
may be given to the authority only during the period of 2 weeks beginning with the day on which the penalty notice was given to the employer, and
must state the grounds of the objection and the employer’s reasons for objecting on those grounds.
A local education authority must consider a notice of objection given under subsection (2) and, by giving notice (a “determination notice”) to the employer—
withdraw the penalty notice,
if the amount of the penalty determined in accordance with regulations under section 22(2) is smaller than the amount stated in the penalty notice, replace the penalty with the smaller amount, or
confirm the penalty notice.
The determination notice must be given within the prescribed period beginning with the day on which the notice of objection was given.
Where, under subsection (4)(b), the amount of a penalty stated in a penalty notice is replaced with a smaller amount, the notice is to have effect as if it had originally stated the smaller amount.
This section applies where a penalty notice has been given to a person (“the employer”) under section 22 and—
the period during which a notice of objection may be given in relation to the penalty notice has expired, and
if a notice of objection has been given in relation to the penalty notice, a determination notice has been given in relation to the notice of objection.
The employer may appeal to the First-tier Tribunal against the giving of the penalty notice on one or more of the following grounds—
that the employer did not contravene section 21 in the way stated in the penalty notice;
that the circumstances of the contravention of section 21 stated in the penalty notice make the giving of the notice unreasonable;
that the amount of the penalty stated in the penalty notice is too high.
On an appeal under this section, the First-tier Tribunal may—
allow the appeal and cancel the penalty notice,
if the amount of the penalty determined in accordance with regulations under section 22(2) is smaller than the amount stated in the penalty notice, allow the appeal and replace the penalty with the smaller amount, or
dismiss the appeal.
Where, under subsection (3)(b), the amount of a penalty stated in a penalty notice is replaced with a smaller amount, the notice is to have effect as if it had originally stated the smaller amount.
In subsection (1), “notice of objection” and “determination notice” have the same meanings as in section 23.
This section applies where—
a penalty notice has been given to a person (“the employer”) under section 22 by a local education authority, and
any appeal made under section 24 in respect of the penalty notice has not been determined.
The authority may withdraw the penalty notice by giving notice of the withdrawal to the employer.
If a penalty notice is withdrawn under section 23 or 25, any sum already paid or recovered in respect of the penalty notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.
If the amount of a penalty is reduced under section 23, any sum already paid or recovered must, to the extent that it was paid or recovered in respect of any amount in excess of the reduced amount, be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.
In this section “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838 (c. 110).
This section applies where—
a person to whom this Part applies is employed under a relevant contract of employment, and
before commencement of the employment the person notified the employer in accordance with subsection (3) of appropriate arrangements which the person had made.
The employer must permit the employee to participate in training or education in accordance with those appropriate arrangements.
A person notifies an employer (or a prospective employer) of appropriate arrangements in accordance with this subsection by giving a notice which—
specifies the arrangements,
states the times when the person would need to be not at work in order to participate in training or education in accordance with those arrangements, and
if so required under subsection (4), is given in writing.
Such a notice need not be given in writing, but, if it is not, the employer may, on the occasion when the notice is given, require it to be given in writing; and, if the employer does so, the notice is not to be treated as having been given until given in writing.
The obligation in subsection (2) operates as a requirement, in relation to each of the times specified in the notice under subsection (3)(b) which falls during normal working time, for the employer—
if the contract was entered into before the notice was given, to offer to vary the terms and conditions of the contract of employment so as to secure that that time does not fall during normal working time, or
in any case, to permit the employee to take that time off.
In this section, “normal working time”, in relation to a contract of employment, means any time when, in accordance with the contract, the employee is required to be at work.
This section applies where—
a person to whom this Part applies is employed under a relevant contract of employment, and
after commencement of the employment the person notifies the employer in accordance with subsection (4) of appropriate arrangements which the person has made.
The employer must, so far as is reasonable having regard to the matters mentioned in subsection (3), permit the person to participate in training or education in accordance with those appropriate arrangements.
Those matters are—
the needs of the person in order to fulfil the duty imposed by section 2;
the circumstances of the employer’s business;
the effect of the person’s absence from work on the running of that business.
A person notifies an employer of appropriate arrangements in accordance with this subsection by giving a notice which—
specifies the arrangements,
states the times when the employee needs to be not at work in order to participate in education or training in accordance with those arrangements, and
if so required under subsection (5), is given in writing.
Such a notice need not be given in writing but, if it is not, the employer may, on the occasion when the notice is given, require it to be given in writing; and, if the employer does so, the notice is not to be treated as having been given until given in writing.
The obligation in subsection (2) operates as a requirement, in relation to each of the times specified in the notice under subsection (4)(b) which falls during normal working time, for the employer—
to offer to vary the terms and conditions of the contract of employment so as to secure that, so far as is reasonable having regard to the matters mentioned in subsection (3), that time does not fall during normal working time, or
so far as is reasonable having regard to those matters, to permit the employee to take that time off.
In this section, “normal working time”, in relation to a contract of employment, means any time when, in accordance with the contract, the employee is required to be at work.
This section applies where—
a person to whom this Part applies is employed under a relevant contract of employment,
the person reaches the age of 18, and
at that time the person is participating in a course of education or training for the purpose of fulfilling the duty imposed by section 2.
The person is to continue to be treated, for the purposes of sections 27, 28 and 30 to 36, as a person to whom this Part applies until one of the following occurs—
the course of education or training concludes;
the person reaches the age of 19;
the person ceases to be resident in England;
the person attains a level 3 qualification.
This section applies where a person to whom this Part applies is employed under a relevant contract of employment.
Where a relevant local education authority in England is satisfied that the employer has contravened section 27 or 28, the authority may give the employer a notice (an “enforcement notice”).
An enforcement notice means a notice requiring the employer to take such steps as are specified in the notice.
The steps that may be specified in the notice are—
to offer to vary the terms and conditions of employment in the manner specified in the notice;
to permit the employee to take time off during normal working time at the times specified in the notice.
But—
any variation specified under subsection (4)(a) must be a variation only for the purpose of securing that normal working time does not include any time when, in order to be able to participate in education or training in accordance with appropriate arrangements notified to the employer under section 27(1)(b) or 28(1)(b), the employee needs to be not at work;
any time specified under subsection (4)(b) must be a time when the employee needs to be not at work in order to participate in education or training in accordance with appropriate arrangements so notified to the employer;
in the case of an enforcement notice given in respect of a contravention of section 28, any steps specified in the notice must be steps which it would be reasonable for the employer to take having regard to the matters mentioned in subsection (3) of that section.
An enforcement notice must also specify—
particulars of the contravention of section 27 or 28 in respect of which the notice is given, and
the consequences of failure to comply with any requirement imposed by it.
Where an enforcement notice requires the employer to offer to vary the terms and conditions of employment under subsection (4)(a)—
the employer must make the offer within the time specified in the notice,
the employer’s offer must not be made directly or indirectly conditional on the employee’s agreeing to any other variation of the terms and conditions of employment, and
if the employee accepts the employer’s offer to vary the terms and conditions of employment, those terms and conditions have effect subject to the variation (but subject to any subsequent variation that may be agreed between the employer and employee).
Where an enforcement notice requires the employer, under subsection (4)(b), to permit the employee to take time off at specified times during normal working time, the enforcement notice remains in force until—
the last of the times so specified, or
if earlier, the termination of the contract of employment.
For the purposes of subsection (2), a local education authority is a relevant local education authority in relation to a contract of employment under which a person to whom this Part applies is employed if—
the person belongs to the authority’s area, or
the person’s place of work, or one of the places at which the person works, under the contract is in the authority’s area.
In this section, “normal working time”, in relation to a contract of employment, means any time when, in accordance with the contract, the employee is required to be at work.
This section applies where a local education authority has given an enforcement notice to a person (“the employer”) under section 30.
Where the local education authority is satisfied— the authority may by notice (a “penalty notice”) require the employer to pay a financial penalty.
that the employer has failed to comply with the notice, or
in the case of an enforcement notice requiring the employer to offer to vary the terms and conditions of employment by virtue of section 30(4)(a), the employee has agreed to the variation but the employer has failed to give effect to the variation,
The amount of the financial penalty is to be determined in accordance with regulations.
A penalty notice must state—
particulars of the failure by the employer in respect of which the penalty notice is given,
the amount of the penalty,
how payment may be made,
the period within which the penalty must be paid (which must be not less than 4 weeks beginning with the date on which the notice is given),
the steps that the employer may take if the employer objects to the giving of the penalty notice, including how the employer may appeal against it, and
the consequences of non-payment.
Without prejudice to section 166(6), regulations under subsection (3) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).
This section applies where—
an enforcement notice has been given to a person (“the employer”) under section 30 by a local education authority, and
if a penalty notice has been given in respect of the enforcement notice under section 31, any appeal made under section 34 in respect of the penalty notice has not been determined.
The local education authority may withdraw the enforcement notice by giving notice of the withdrawal to the employer.
After the withdrawal, no penalty notice may be given under section 31 in respect of— which occurred before the enforcement notice was withdrawn.
any failure to comply with the enforcement notice, or
any failure to give effect to any variation of terms and conditions of employment required by the enforcement notice to be offered,
Where an enforcement notice is withdrawn—
any penalty notice given under section 31 in respect of the enforcement notice ceases to have effect, and
any sum paid or recovered in respect of any such penalty notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.
In subsection (4)(b) “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838 (c. 110).
A notice of withdrawal under subsection (2) must state the effect of the withdrawal (but a failure to do so does not make the notice of withdrawal ineffective).
This section applies where a penalty notice has been given to a person (“the employer”) under section 31 by a local education authority in respect of a failure of a kind mentioned in subsection (2) of that section relating to an enforcement notice.
The employer may, by giving notice (a “notice of objection”) to the authority, object to the giving of the penalty notice on one or more of the following grounds—
that the employer did not contravene section 27 or 28 in the way stated in the enforcement notice;
that the requirements imposed by the enforcement notice were unreasonable;
that the employer did not fail in the way stated in the penalty notice;
that the amount of the penalty stated in the penalty notice is too high.
A notice of objection—
may be given to the authority only during the period of 2 weeks beginning with the day on which the penalty notice was given to the employer, and
must set out the grounds of the objection and the employer’s reasons for objecting on those grounds.
A local education authority must consider a notice of objection given under subsection (2) and, by giving notice (a “determination notice”) to the employer—
withdraw the penalty notice,
if the amount of the penalty determined in accordance with regulations under section 31(3) is smaller than the amount stated in the penalty notice, replace the penalty with the smaller amount, or
confirm the penalty notice.
The determination notice must be given within the prescribed period beginning with the day on which the notice of objection was given.
Where, under subsection (4)(b), the amount of a penalty stated in a penalty notice is replaced with a smaller amount, the notice is to have effect as if it had originally stated the smaller amount.
This section applies where a penalty notice has been given to a person under section 31 in respect of a failure of a kind mentioned in subsection (2) of that section in relation to an enforcement notice and—
the period during which a notice of objection may be given in relation to the penalty notice has expired, and
if a notice of objection has been given in relation to the penalty notice, a determination notice has been given in relation to the notice of objection.
The person may appeal to the First-tier Tribunal against the giving of the penalty notice on one or more of the following grounds—
that the person did not contravene section 27 or 28 in the way stated in the enforcement notice;
that the circumstances of the contravention of section 27 or 28 stated in the enforcement notice make the giving of an enforcement notice under section 30 unreasonable;
that the requirements imposed by the enforcement notice were unreasonable;
that the person did not fail in the way stated in the penalty notice;
that the circumstances of the failure stated in the penalty notice make the giving of the notice unreasonable;
that the amount of the penalty stated in the penalty notice is too high.
On an appeal under this section, the First-tier Tribunal may—
allow the appeal and cancel the penalty notice,
if the amount of the penalty determined in accordance with regulations under section 31(3) is smaller than the amount stated in the penalty notice, allow the appeal and replace the penalty with the smaller amount, or
dismiss the appeal.
Where, under subsection (3)(b), the amount of a penalty stated in a penalty notice is replaced with a smaller amount, the notice is to have effect as if it had originally stated the smaller amount.
In subsection (1), “notice of objection” and “determination notice” have the same meanings as in section 33.
This section applies where—
a penalty notice has been given to a person (“the employer”) under section 31 by a local education authority, and
any appeal made under section 34 in respect of the penalty notice has not been determined.
The authority may withdraw the penalty notice by giving notice of the withdrawal to the employer.
If a penalty notice is withdrawn under section 33 or 35, any sum already paid or recovered in respect of the penalty notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.
If the amount of a penalty is reduced under section 33, any sum already paid or recovered must, to the extent that it was paid or recovered in respect of any amount in excess of the reduced amount, be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.
In this section “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838 (c. 110).
After section 47A of the Employment Rights Act 1996 (c. 18) insert—
After section 101A of the Employment Rights Act 1996 insert—
The Employment Rights Act 1996 is further amended as follows.
In section 63A (right to time off for young person for study or training), after subsection (5) insert—; and, in the title, after “young person” insert “in Wales or Scotland”.
In section 105 (redundancy), after subsection (4A) insert—
In section 108 (qualifying period of employment), after subsection (3)(dd) insert—.
In section 194 (House of Lords staff), in subsection (2)(c), after “47,” insert “47AA,”.
In section 195 (House of Commons staff), in subsection (2)(c), after “47,” insert “47AA,”.
This section applies where a person to whom this Part applies (“the young person”) is failing to fulfil the duty imposed by section 2.
A local education authority in England may enter into a parenting contract with a parent of the young person—
if the parent is resident in England, and
the authority considers that entering into the parenting contract would be desirable in the interests of the young person’s fulfilment of that duty.
A parenting contract is a document which contains—
a statement by the parent that the parent agrees to comply with such requirements as may be specified in the document for such period as may be so specified, and
a statement by the local education authority that it agrees to provide support to the parent for the purpose of complying with those requirements.
The requirements mentioned in subsection (3) may include (in particular) a requirement to attend a counselling or guidance programme.
A parenting contract must be signed by the parent and signed on behalf of the local education authority.
A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.
This section applies where a person to whom this Part applies (“the young person”) is failing to fulfil the duty imposed by section 2.
A local education authority in England may apply to a magistrates' court for a parenting order in respect of a parent of the young person, if the parent is resident in England.
If such an application is made, the court may make a parenting order in respect of the parent if it is satisfied that—
the young person is failing to fulfil the duty imposed by section 2, and
the making of the order would be desirable in the interests of the young person’s fulfilment of that duty.
A parenting order is an order which requires the parent—
to comply, for a period not exceeding 12 months, with such requirements as are specified in the order, and
subject to subsection (5), to attend, for a concurrent period not exceeding 3 months, such counselling or guidance programme as may be specified in directions given by the responsible officer.
A parenting order under this section may, but need not, include a requirement mentioned in subsection (4)(b) in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.
A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.
The first condition is that the attendance of the parent at a residential course is likely to be more effective than attendance at a non-residential course in the interests of the young person’s fulfilment of the duty imposed by section 2.
The second condition is that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.
In deciding whether to make a parenting order under section 41, a court must take into account (amongst other things)—
any refusal by the parent to enter into a parenting contract under section 40 in respect of the person to whom this Part applies, or
if the parent has entered into such a parenting contract, any failure by the parent to comply with the requirements specified in the contract.
Subsections (3) to (7) of section 9 of the Crime and Disorder Act 1998 (c. 37) (supplemental provisions about parenting orders) apply in relation to a parenting order under section 41 as they apply in relation to a parenting order under section 8 of that Act.
An appeal lies to the Crown Court against the making of a parenting order under section 41.
Subsections (2) and (3) of section 10 of the Crime and Disorder Act 1998 (appeals against parenting orders) apply in relation to an appeal under this section as they apply in relation to an appeal under subsection (1)(b) of that section.
Local education authorities in England and responsible officers must, in carrying out their functions in relation to parenting contracts under section 40 and parenting orders under section 41, have regard to the extent to which any failure by, or anything done by, a parent of a person to whom this Part applies is affecting, or is likely to affect, that person’s fulfilment of the duty imposed by section 2.
Regulations may make further provision about the exercise by local education authorities in England of their functions relating to—
parenting contracts under section 40, or
parenting orders under section 41.
The provision that may be made under subsection (2) includes—
provision limiting the power of a local education authority to enter into a parenting contract, or apply for a parenting order, in prescribed cases;
provision requiring one local education authority to consult with another before taking any prescribed step;
provision requiring the provision of information by one local education authority in England to another;
provision as to how the costs associated with parenting contracts under section 40 or parenting orders under section 41 (including in each case the costs of providing counselling or guidance programmes) are to be met.
In this Chapter—
This section applies where it appears to a local education authority that a person to whom this Part applies and who belongs to the authority’s area is failing to fulfil the duty imposed by section 2.
The authority may give a written notice to the person stating— and explaining the effect of an attendance notice.
that it appears to the authority that the person—
is a person to whom this Part applies, and
is failing without reasonable excuse to fulfil that duty, and
that if, after the date specified in the notice, the person appears to the authority to be failing, without reasonable excuse, to fulfil that duty, the authority may issue an attendance notice under section 46,
The date specified under subsection (2)(b) must not be less than 15 days after the date on which the notice is given.
Subsections (5) and (6) apply where an authority proposes to give a notice to a person under subsection (2).
The authority—
must take all reasonable steps to secure that relevant support is offered to the person, and
may not give the notice unless satisfied that the person has been afforded an opportunity to take advantage of the support offered.
The authority—
must give the person an opportunity to make representations, and
may not give the notice—
in a case within subsection (7), unless, having regard to any representations made, the person appears to the authority to have no reasonable excuse for the failure;
in any other case, if, having regard to any representations made, the person appears to the authority to have a reasonable excuse for the failure.
This subsection applies where—
arrangements have been made for the person to participate during the current relevant period in a course or courses constituting relevant training or education,
the only failure by the person during that relevant period is that the relevant education and training to which the arrangements relate is not sufficient relevant education and training,
the course has not, or the courses have not all, concluded, and
further arrangements for relevant training or education after the conclusion of the course or courses could be made which would enable the person to participate in sufficient relevant training or education during the current relevant period.
In subsection (5), “relevant support” means support provided by means of services made available by the local education authority in exercise of its functions under section 68.
This section applies where—
a local education authority has given a notice to a person under section 45(2),
this Part still applies to the person, and
at any time after the date specified in the notice under section 45(2)(b), it appears to the local education authority that the person is, without reasonable excuse, failing to fulfil the duty imposed by section 2.
The local education authority may, before the end of the period of 6 months beginning with the day on which the notice under section 45(2) was given to the person, give the person a further notice in accordance with this section (an “attendance notice”) requiring the person to participate in education or training specified in the notice.
Subsections (6) and (7) of section 45 apply in relation to the giving of attendance notices as they apply in relation to the giving of notices under subsection (2) of that section.
The education or training specified under subsection (2) must satisfy section 47.
Where the education or training specified is education or training provided by means of a course, the attendance notice must specify—
the school, college or other training or educational establishment at which the education or training is to be provided, and
the name and description of the course.
Where the education or training specified is training provided in accordance with a contract of apprenticeship otherwise than by a course, the attendance notice must specify prescribed details of the contract of apprenticeship.
An attendance notice given to a person must specify— and may specify other prescribed requirements relating to the description of education or training specified in the notice.
the place or places at which the person is required to attend,
the time or times at which the person is required to attend,
the person or persons to whom the person must present himself or herself,
An attendance notice must state—
the period for which the notice has effect,
the consequences of failing to comply with any requirement imposed by the notice, and
such other matters as may be prescribed.
An attendance notice given by a local education authority to a person has effect for the period beginning with the day on which it is given and ending with—
the last day on which the person is a person to whom this Part applies, or
if earlier, the day on which it is revoked.
This section must be satisfied in relation to education or training specified in an attendance notice given to a person to whom this Part applies by a local education authority.
The education or training must be provided—
at a school, college or other training or educational establishment by means of a course, or
in accordance with a contract of apprenticeship.
The education or training must be such that, by participating in it, the young person would fulfil the duty imposed by section 2.
For that purpose, account may be taken of any contract of employment of the person or other arrangement under which the person works.
The education or training must—
be appropriate full-time education or training, or
otherwise be suitable for the person, having regard—
to the person’s age, ability and aptitude, and
to any learning difficulty which the person may have.
Subsections (5) and (6) of section 13 of the Learning and Skills Act 2000 (c. 21) (persons with learning difficulties) apply for the purposes of subsection (5)(b).
Where the education or training is to be provided by means of a course, the local education authority—
must have consulted the governing body or proprietor of the school, college or other training or educational establishment at which the education or training is to be provided, and
must have made arrangements, or be satisfied that arrangements have been made, for the education or training to be provided there for the person.
Where the education or training is training provided in accordance with a contract of apprenticeship, the local education authority must have consulted the employer in relation to the contract of apprenticeship.
A local education authority in England must establish a panel (an “attendance panel”), constituted in accordance with regulations.
An attendance panel of a local education authority in England has the following functions—
functions conferred on it by virtue of section 49 in relation to appeals against attendance notices;
functions conferred on it by virtue of section 50(6)(b);
functions conferred on it by section 52(5) and (6);
functions conferred on it by virtue of section 54 in relation to appeals against fixed penalty notices.
Regulations under subsection (1)—
must require a local education authority to secure that any person who chairs an attendance panel is not a member of the authority; and
may make provision for the payment by the local education authority of allowances to members of an appeal panel.
Regulations made by virtue of subsection (3)(b) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (c. 70) (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an attendance panel.
A local education authority in England must make arrangements for enabling a young person to whom an attendance notice is given by the authority to appeal against—
the giving of the attendance notice;
the description of education or training specified in the attendance notice;
any variation of the notice—
under subsection (2) of section 50;
by virtue of subsection (5) or (6)(b) of that section.
The arrangements must provide for any appeal under the arrangements to be to an attendance panel established under section 48.
Regulations may make provision about the making of appeals under arrangements under this section, including provision—
as to the procedure on such appeals; and
as to the powers of the attendance panel in relation to such appeals.
Subsection (2) applies where a local education authority has given an attendance notice under section 46 to a person to whom this Part applies.
If the attendance notice still has effect when— the local education authority may by notice to the person specify other education or training.
the education or training specified in the notice ends, or
it becomes impracticable for the person to comply with the requirements specified in the notice because of a change of residence,
Subsections (4) to (7) and (8)(c) of section 46 apply in relation to specifying education or training under subsection (2) as they apply in relation to the giving of an attendance notice.
Where the local education authority gives a notice under subsection (2), the attendance notice has effect as if it specified the education or training specified in the notice under that subsection.
Prescribed matters specified in an attendance notice given by a local education authority may be varied by the authority by notice given to the person to whom the attendance notice was given.
Regulations may provide for other matters specified in an attendance notice given by a local education authority to be varied—
with the consent of the person to whom the notice was given, or
with the consent of an attendance panel established by the local education authority under section 48.
Regulations under subsection (6)(b) may in particular make provision as to the procedure to be followed in relation to the giving of any consent under the regulations.
An attendance notice given by a local education authority may be revoked by the authority by notice given to the person to whom the attendance notice was given.
It is an offence for a person to whom an attendance notice has been given to fail, without reasonable excuse, to comply with the requirements of the attendance notice.
It is a defence for a person charged with an offence under subsection (1) to show that he or she is, and since the giving of the attendance notice has been, fulfilling the duty imposed by section 2.
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
This section applies to proceedings for an alleged offence under section 51 relating to an attendance notice.
The proceedings may not be instituted except by the local education authority which gave the attendance notice.
The proceedings may not be instituted if the attendance notice has been—
rescinded on an appeal by virtue of section 49, or
revoked under section 50(8).
The proceedings may not be instituted unless—
a penalty notice has been given under section 53 in respect of the alleged offence and has not been rescinded on an appeal by virtue of section 54,
the penalty imposed by the notice has not been paid in accordance with the notice, and
an attendance panel established by the local education authority under section 48 has, on being consulted by the local education authority about the question whether the proceedings should be instituted, recommended to the authority that the proceedings should be instituted.
Regulations—
must make provision to secure that, before a recommendation under subsection (4)(c) is made by an attendance panel in a person’s case, the person has an opportunity to make representations to the panel, and
may make other provision as to the procedure to be followed in relation to the making of such recommendations.
The proceedings may not be instituted after this Part has ceased to apply to the person alleged to have committed the offence under section 51.
Subsection (6) does not affect proceedings for such an offence by a person which were instituted while this Part applied to the person.
Where a local education authority which has given an attendance notice to a person under section 46 has reason to believe that the person has committed an offence under section 51 relating to the notice, the authority may give the person a penalty notice in respect of the offence.
A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction in respect of the offence to which the notice relates by payment of a penalty in accordance with the notice.
Where a person is given a penalty notice—
proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed; and
the person cannot be convicted of the offence to which the notice relates if a penalty is paid in accordance with the notice.
Regulations may make—
provision as to the form and content of penalty notices;
provision as to the amount of any penalty and the time by which it is to be paid (but subject to subsection (6));
provision as to the methods by which penalties may be paid;
provision as to the records which are to be kept in relation to penalty notices;
provision for or in connection with the withdrawal of a penalty notice, or its ceasing to have effect, in prescribed circumstances, including—
provision about repayment of any amount paid by way of penalty under a penalty notice which is withdrawn or ceases to have effect; and
provision prohibiting the institution or continuation of proceedings for the offence to which such a notice relates;
provision for a certificate— to be received in evidence of the matters so stated;
purporting to be signed by or on behalf of a prescribed person, and
stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,
provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice;
provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices;
such other provision in relation to penalties under penalty notices or in relation to penalty notices as the Secretary of State thinks necessary or expedient.
Without prejudice to section 166(6), regulations under subsection (4)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).
The amount of any penalty payable by virtue of regulations under subsection (4)(b) must not exceed the amount for the time being specified as level 1 on the standard scale of fines for summary offences.
A local education authority in England must make arrangements for enabling a young person to whom a penalty notice is given by the authority under section 53 to appeal against the notice.
The arrangements must provide for any appeal under the arrangements to be to an attendance panel established under section 48.
Regulations may make provision about the making of appeals under arrangements under this section, including provision—
as to the procedure on such appeals; and
as to the powers of an attendance panel in relation to such appeals.
In this section and sections 56 to 59—
References in those sections to a fine being imposed are, in the case of a fine varied or confirmed on appeal, references to its being varied or confirmed.
This section applies where—
a non-participation fine has been imposed on a person aged under 18, and
the relevant sum, or any part of it, remains unpaid when the person reaches the age of 18.
When the person reaches the age of 18, the relevant sum ceases to be enforceable as a sum adjudged to be paid by a conviction of a magistrates' court.
Accordingly, after the person has reached the age of 18— except so far as necessary to permit current enforcement processes to be concluded.
the normal enforcement provisions do not apply in relation to the relevant sum, and
the normal enforcement powers are not exercisable in relation to the relevant sum,
Any order or warrant made or issued in relation to the non-participation fine, other than— ceases to have effect when the person reaches the age of 18.
an order under section 75 of the Magistrates' Courts Act 1980 (c. 43) (power to dispense with immediate payment),
an order under section 85A of that Act (variation of instalments of sum adjudged to be paid by conviction), or
a current enforcement process,
A magistrates' court may, after the person has reached the age of 18, order that payment of so much of the relevant sum as remains unpaid may be enforced as if it were a sum due to the relevant local education authority in pursuance of a judgment or order of a county court.
An order under subsection (5) may not be made unless—
the person appears to the court to have sufficient means to pay the sum forthwith, and
any current enforcement processes have been concluded.
For the purposes of this section, “current enforcement process” means an order or warrant mentioned in paragraph (a), (b) or (c) and any reference to its conclusion is to be read in accordance with that paragraph—
a warrant of control— is concluded when property in all goods of the person has, in accordance with paragraph 6 of that Schedule, ceased to be bound by virtue of the warrant;
issued under section 76 of the Magistrates' Courts Act 1980 (warrants of control etc) for the purpose of recovering the relevant sum (or any part of it), and
by virtue of which an enforcement agent has, before the person reaches the age of 18, taken control of any goods of the person under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (taking control of goods),
an order in force when the person reaches the age of 18 under— requiring that the relevant sum (or any part of it) be paid by a parent or guardian of the person is concluded when it is revoked;
section 81(1)(b) of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders), or
section 137(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (power to order parent or guardian to pay fine, costs, compensation or surcharge),
an order in force when the person reaches the age of 18 under section 39 of the Criminal Justice and Immigration Act 2008 (c. 4) (youth default orders) in respect of the relevant sum (or any part of it) is concluded when it is revoked.
Subsection (2) does not affect the exercise of any power, or any order made, in respect of the offence before the person reached the age of 18.
The Lord Chancellor may by order amend subsection (4) or (7) by—
adding to it provision about any warrant or order that may be issued or made, or step that may be taken, in relation to a non-participation fine before the person on whom it is imposed reaches the age of 18, or
removing any such provision for the time being made by that subsection.
This section applies where a non-participation fine is imposed on a person who has reached the age of 18.
Payment of the relevant sum may be enforced as if it were a sum due to the relevant local education authority in pursuance of a judgment or order of a county court.
The relevant sum is not enforceable as a sum adjudged to be paid by a conviction of a magistrates' court.
Accordingly—
the normal enforcement provisions do not apply in relation to the relevant sum, and
the normal enforcement powers are not exercisable in relation to the relevant sum.
But subsections (3) and (4) do not prevent a magistrates' court, on imposing the fine, from—
making an order under section 75 of the Magistrates' Courts Act 1980 (c. 43) (power to dispense with immediate payment), or
making an order under section 80 of that Act (application of money found on defaulter to satisfy sum adjudged) for the person to be searched before leaving the precincts of the court-house; and subsections (2) and (3) of that section apply in relation to a search in pursuance of any such order.
In sections 56 and 57, “the normal enforcement provisions” means—
Part 3 of the Magistrates' Courts Act 1980 (satisfaction and enforcement);
sections 135 and 136 of that Act (committal and detention for short period);
section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention of persons aged at least 18 but under 21 for default or contempt);
Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc and discharge of fines by unpaid work); and
section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter).
In sections 56 and 57, “the normal enforcement powers”, in relation to any sum, means—
any power of a magistrates' court or an officer of such a court—
to enforce payment of the sum; or
which is exercisable in consequence of a default in payment of the sum or any part of it;
in the case of a fine imposed, varied or confirmed by a decision of any other court on an appeal, any power of that other court to enforce the decision.
The Lord Chancellor may by order amend subsection (1) or (2) by—
adding a reference to any statutory provision which relates to enforcement of fines, costs or surcharges, or to any power to enforce payment of such sums, or
removing a reference to any provision or power for the time being listed in that section.
Where— the sum is to be treated as so payable to that authority at the time or times referred to in paragraph (a) by virtue of an order of the county court under section 71(1) of the County Courts Act 1984 (c. 28) (satisfaction of judgments and orders for payment of money).
a sum is payable at a time or times specified by—
an order under section 75 of the Magistrates' Courts Act 1980 (c. 43) (power to dispense with immediate payment), or
orders under that section and section 85A of that Act (variation of instalments of sum adjudged to be paid by conviction), and
the sum would (but for this subsection) be treated by virtue of section 56 or 57 as due to a local education authority in pursuance of a judgment or order of a county court,
The Lord Chancellor may by regulations make provision as to the application of amounts recovered by local education authorities by virtue of sections 56 and 57.
Any such regulations must make provision for securing that any such amount recovered, so far as not— is repaid to the person on whom the non-participation fine to which it relates was imposed (or other person who paid the amount).
attributable to county court enforcement costs, or
paid to a magistrates' court, or to an officer of such a court,
Regulations under this section may make provision, in particular, as to—
the extent to which amounts recovered by virtue of section 56 or 57 are attributable to county court enforcement costs;
further payments, or repayments, to be made in consequence of any appeal, or of any remission or variation of a non-participation fine or any other amount required to be paid.
In this section, “county court enforcement costs” in relation to a non-participation fine means costs incurred by a local education authority in connection with the recovery of the relevant sum in a county court.
The Secretary of State must appoint a person to conduct a review of the initial operation of this Chapter.
The person appointed must make a report to the Secretary of State on the review within a reasonable period after the school leaving date for 2016.
The Secretary of State must lay a copy of the report before Parliament.
The Secretary of State may pay to the person appointed such remuneration and expenses as the Secretary of State may determine.
Regulations may—
provide for who is to be treated as the employer for the purposes of this Part in relation to any way of working prescribed by regulations under section 5(1)(b), and
provide for any provision of this Part to apply with modifications in relation to any such way of working.
Regulations may provide for any provision of this Part to apply with modifications in cases where a person to whom this Part applies—
is employed under a contract of employment, and
is for the time being supplied by the employer to another person (“the principal”) to perform work in accordance with a contract made between the employer and the principal.
For the purposes of section 5— are each to be treated as working under a contract of employment.
Crown employment, and
service as a member of the armed forces of the Crown,
Regulations may provide for Chapter 1 to have effect subject to modifications in relation to persons working in either of those ways.
Chapter 3 applies in relation to Crown employment and persons in Crown employment as it applies in relation to other employment and other employees, but subject to subsection (4).
For the purposes of the application of Chapter 3 in relation to Crown employment and persons in Crown employment—
references to a contract of employment are to be construed, in relation to a person in Crown employment, as references to the terms and conditions under which the person works, and
references to an employee are to be construed as references to a person in Crown employment.
In this section, “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by statutory provision, but subject to subsection (6).
Crown employment—
does not include service as a member of the armed forces of the Crown, but
does include employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996 (c. 14).
The following provisions apply in relation to employment under a contract of employment with the Corporate Officer of the House of Lords as they apply in relation to other employment—
sections 19 to 21;
sections 27 to 29.
For the purposes of section 5, working as a relevant member of the House of Commons staff is to be treated as working under a contract of employment.
Regulations may provide for Chapter 1 to have effect subject to modifications in relation to persons working in that way.
The following provisions apply in relation to employment as a relevant member of the House of Commons staff as they apply in relation to other employment—
sections 19 to 21;
sections 27 to 29.
For the purposes of the application of Chapter 3 in relation to a relevant member of the House of Commons staff—
references to a contract of employment are to be construed as including references to the terms of employment of a relevant member of the House of Commons staff, and
references to an employee are to be construed as references to a relevant member of the House of Commons staff.
In this section, “relevant member of the House of Commons staff” has the same meaning as in section 195 of the Employment Rights Act 1996 (c. 18).
Subsections (6), (7) and (12) of that section (person to be treated as employer of relevant member of House of Commons staff) apply (with any necessary modifications) for the purposes of the provisions mentioned in subsection (3) as applied by virtue of this section.
A penalty payable by virtue of a penalty notice under— is payable to the local education authority which issued the notice.
section 22,
section 31, or
section 53,
Any sums received by a local education authority under any of those sections may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.
A penalty under section 22 or 31 (and any interest or financial penalty for late payment) is recoverable, if a county court so orders, as if it were payable under an order of that court.
Where a person is required by a penalty notice given under section 22 or 31 to pay a financial penalty, and the penalty is not enforceable until the authority has given a determination notice under section 23 or 33 in relation to the penalty notice, or, as the case may be, the appeal has been determined.
has given a notice of objection to the local education authority under section 23 or 33, or
has appealed against the giving of the penalty notice under section 24 or 34,
In this Part—
“appropriate full-time education or training” has the meaning given by section 4;
“contract of employment” means a contract of service, whether express or implied and (if it is express) whether oral or in writing, but does not include a contract of apprenticeship;
an institution within the further education sector, or
“relevant period”, in relation to a person to whom this Part applies, has the meaning given by section 7;
Regulations may provide for a person to be, or not to be, regarded as resident in England for the purposes of any provision of this Part.
Any reference in this Part to a person’s being in full-time occupation is to be construed in accordance with section 5.
For the purposes of this Part, a person is failing to fulfil the duty imposed by section 2 if the person—
is not participating in education or training in accordance with subsection (1)(a) or (b) of that section, and
is not in full-time occupation or is not participating in sufficient relevant training.
A reasonable excuse for a failure to be in full-time occupation is not a reasonable excuse for a failure to fulfil the duty imposed by section 2 (unless it is also a reasonable excuse for any failure to participate as mentioned in subsection (4)).
This section applies if a Measure of the National Assembly for Wales includes provision that appears to the Secretary of State to correspond to provision made by section 2.
The Secretary of State may by order make provision in relation to Wales that corresponds to any provision made by sections 19 to 36.
Without prejudice to section 166(6), the power conferred by this section includes power to make provision in relation to Wales that corresponds to any of the following—
the provisions of the Employment Rights Act 1996 (c. 18) inserted by sections 37 to 39;
section 61;
section 62;
section 65 so far as relating to financial penalties under sections 22 and 31.
Power conferred by this section to make provision in relation to Wales that corresponds to any other provision includes power—
to apply that other provision in relation to Wales, with or without modification;
to amend that other provision so that it applies in relation to Wales, with or without modification.
A local education authority in England must make available to young persons and relevant young adults for whom it is responsible such services as it considers appropriate to encourage, enable or assist the effective participation of those persons in education or training.
Subsection (1) is subject to any direction given by the Secretary of State under section 69.
For the purposes of this section and section 69, a local education authority makes services available if it—
provides them, or
makes arrangements with another local education authority or another person for their provision.
In carrying out its functions under this section, a local education authority must—
comply with any direction given by the Secretary of State under section 69, and
have regard to any guidance issued by the Secretary of State.
Nothing in this section requires a local education authority to make services available to a young person or relevant young adult for whom it is responsible if—
another local education authority in England is also responsible for the person, and
services are being provided to the person by, or under arrangements made by, the other authority in exercise of its functions under subsection (1).
The Secretary of State may give directions to a local education authority—
specifying the services to be made available to young persons and relevant young adults in the exercise of the authority’s functions under section 68(1);
specifying the descriptions of individual who may be involved, in ways specified in the direction, in the provision of such services;
requiring the authority to secure that any person by whom such services are provided (whether the authority or any other person) co-operates with—
any person providing services under section 74;
any person exercising functions, or providing services, which relate to social security or are connected with finding suitable employment, education or training for young persons or relevant young adults;
as to the names and symbols to be used, in ways specified in the direction, in connection with services provided in pursuance of section 68(1);
imposing requirements as to— in connection with the provision of such services.
the keeping of records, or
the provision of information to local education authorities and persons providing services in pursuance of section 68(1),
The Secretary of State may direct a local education authority to exercise its functions under section 68(1) in such a way that the person who provides services (whether the local education authority or any other person), or such services as are specified in the direction, as a result of the exercise of those functions is a person who also— as are specified in the direction.
exercises such functions, or
provides such services,
Functions or services specified under subsection (2)—
need not relate to education or training, and
may, in particular, be functions or services relating to social security.
A direction under this section may be varied or revoked by a later direction.
Different directions may be given under this section in relation to different descriptions of service.
A local education authority in England—
may provide, secure the provision of or participate in the provision of services under arrangements entered into by it with another local education authority in pursuance of any function of that other local education authority under section 68, and
may provide, secure the provision of or participate in the provision of services for encouraging, enabling or assisting the effective participation in education or training of— (including such persons from other areas) otherwise than in accordance with section 68 or paragraph (a).
young persons, or
relevant young adults,
Nothing in or done under section 68 or 69 or this section is to be taken to prejudice any powers which a local education authority has with respect to the exercise of its functions otherwise than under those sections.
Services provided for young persons in pursuance of section 68 or 70(1)(b) may include the provision of support on a conditional basis.
For the purposes of this section—
“support” provided for a person means any form of support and includes, in particular—
support in the form of medical or social care, including care provided otherwise than to that person,
support in the form of incentives, including allowances and payments, and
other financial assistance;
support is provided for a young person on a conditional basis if it is provided under arrangements (a “learning and support agreement”) under which its provision is subject to the young person’s agreement to fulfil conditions (“learning and support conditions”).
Subsections (4) to (6) apply where support is provided for a young person on a conditional basis by virtue of subsection (1).
The learning and support agreement must include provision (whether or not in the form of a learning and support condition) relating to the young person’s participation in education or training.
The person providing the support (the “service provider”) must consider that providing it on a conditional basis would be desirable in the interests of encouraging, enabling or assisting the young person—
to fulfil the duty imposed by section 2, in a case where the young person is a person to whom Part 1 applies, or
in any case, to participate effectively in education or training.
The learning and support conditions must be conditions— and the service provider must make arrangements for the learning and support conditions to be reviewed periodically.
determined in consultation between the service provider and the young person, having regard to an assessment of the young person’s needs conducted by the service provider and the young person for the purposes of this section, and
to which in the course of that consultation the young person has agreed;
Learning and support agreements made by virtue of subsection (1) do not create any obligations in respect of whose breach any liability arises in contract or in tort.
Subsection (1) is subject to section 68(2) and (4).
Relevant information about a pupil or student who is attending an educational institution in England must be provided by the responsible person to a person involved in the provision of services in pursuance of section 68 or 70(1)(b), on a request by that person.
A request under subsection (1) by a person involved in the provision of services in pursuance of 68 or 70(1)(b) may be made only for the purposes of the provision of those services.
In subsection (1), “relevant information” means—
the name, address and date of birth of the pupil or student;
the name and address of a parent of the pupil or student;
information in the institution’s possession about the pupil or student.
Information within subsection (3)(c) must not be provided under subsection (1) if— has instructed the responsible person not to provide information of that kind under this section.
the pupil or student concerned, in the case of a pupil or student who has attained the age of 16, or
a parent of the pupil or student concerned, in the case of a pupil or student who has not attained the age of 16,
In this section—
The responsible person in relation to an educational institution in England, must, on a request by a person involved in the provision of services in pursuance of section 68 or 70(1)(b)—
permit that person to have access to a pupil or student attending the institution on the institution’s premises at reasonable times, and
make available to that person, so far as is reasonably convenient, facilities on the institution’s premises for providing services to individual such pupils or students or groups of such pupils or students.
A request under subsection (1) by a person involved in the provision of services in pursuance of section 68 or 70(1)(b) may be made only for the purposes of the provision of those services.
Subject to subsection (4), “educational institution” and “responsible person” have the same meanings in subsection (1) as in section 72.
In relation to a pupil referral unit for which there is a management committee established by virtue of paragraph 15 of Schedule 1 to the Education Act 1996 (c. 56), “responsible person” means that committee.
The Secretary of State may provide or secure the provision of services for encouraging, enabling or assisting the effective participation of young persons and relevant young adults in England in education or training.
The services which may be provided under subsection (1) are services provided by means of—
the publication whether electronically or otherwise of information, advice and guidance;
the provision, in response to requests by young persons and relevant young adults, of information, advice or guidance to those persons by telephone or other electronic means.
In securing the provision of those services the Secretary of State may, in particular, make arrangements with other persons for the provision of services.
Arrangements under subsection (3) may include provision—
for grants, loans and other kinds of financial assistance to be provided by the Secretary of State (whether or not on conditions);
requiring persons with whom arrangements are made to have regard to guidance issued by the Secretary of State.
For the purposes of this section, a young person or relevant young adult is in England if he or she is a person for whom a local education authority in England is responsible.
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills—
must, when requested to do so by the Secretary of State, inspect and report on the provision of services in pursuance of section 68 or 74, and
may undertake such other inspections of the provision of those services as Her Majesty’s Chief Inspector thinks fit.
A request under subsection (1)(a)—
may be in general terms or in relation to specific matters,
may relate to a specific person providing services, or to a specific class of person, and
may relate to a specific area.
A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
Subsections (5) to (7) apply to an inspection under subsection (1) of services provided by a person in pursuance of section 68 or 74.
A person carrying out or participating in the inspection has the same powers as Her Majesty’s Chief Inspector has under the following provisions of the Education Act 2005 (c. 18)—
section 10(1)(a) and (d) (right of access), and
section 58 (computer records).
Section 11 of the Education Act 2005 (publication of inspection reports) applies.
A person who wilfully obstructs a person in carrying out or participating in the inspection—
is guilty of an offence, and
is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Social security information may be supplied to a local education authority or other person involved in the provision of services for young persons in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services.
In this section “social security information” means personal information about a young person which is held for the purposes of functions relating to social security—
by the Secretary of State, or
by a person providing services to the Secretary of State in connection with the provision of those services.
For the purposes of subsection (2) “personal information”, in relation to a young person, means—
the person’s name, address and date of birth, and
the name and address of a parent of the young person.
A person to whom information is supplied under subsection (1) commits an offence by disclosing the information unless the disclosure is made—
for the purpose of the provision of services in pursuance of section 68 or 70(1)(b),
for the purpose of enabling or assisting the exercise of any function of a local education authority under Part 1,
in accordance with section 17 or any other enactment or an order of a court or tribunal,
for the purpose of actual or contemplated proceedings before a court or tribunal,
with consent given by or on behalf of the person to whom the information relates, or
in such a way as to prevent the identification of the person to whom it relates.
It is a defence for a person charged with an offence under this section relating to a disclosure to prove that the person reasonably believed that the disclosure was lawful.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both.
In subsection (6)(b) the reference to 12 months is to be read in relation to an offence committed before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on summary conviction of offence triable either way) as a reference to 6 months.
Any of the persons or bodies mentioned in subsection (2) may supply information about a young person or relevant young adult to any person or body involved in the provision of services in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services.
Those persons and bodies are—
a local authority,
the Learning and Skills Council for England,
a Primary Care Trust,
a Strategic Health Authority,
a chief officer of police,
a provider of probation services,
a local probation board, and
a youth offending team.
In this section—
In sections 68 to 77 and this section—
“young person” means a person who has attained the age of 13 but not the age of 20.
For the purposes of sections 68 to 77, a local education authority is responsible for any young person or relevant young adult who is—
receiving education or training in its area,
normally resident in its area, or
otherwise within its area.
For the purposes of subsection (2)(a), “training” includes vocational, social, physical and recreational training.
Sections 114 to 121 of the Learning and Skills Act 2000 (provision of support services for 13 to 19 year olds) cease to have effect.
Before section 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties) insert—
Part 7 of the Education Act 1997 (c. 44) (careers education and guidance) is amended as follows.
In section 43 (provision of careers education in schools)—
after subsection (2) insert—;
in subsection (3), after “subsection (1)” insert “(and, where applicable, subsection (2B))”;
“16-18 education or training” means education or training suitable to the requirements of persons who have ceased to be of compulsory school age but have not attained the age of 18; “training”, in connection with registered pupils at schools in England, includes a voluntary or other placement apt to enable the development of any skill or competency (whether or not taking place at a time when the person concerned is still such a pupil).
In section 45 (provision of careers information at schools etc.)—
and, in the case of any such school in England, the reference in subsection (1) to persons attending it is a reference to persons who are registered pupils there.
after subsection (2) insert—;
in subsection (3), after “subsection (1)” insert “(and, where applicable, subsection (2B))”;
in subsection (5), for “and careers education” substitute “, “careers education” and “16-18 education or training””.
After section 45 insert—
The Learning and Skills Act 2000 (c. 21) is amended as follows.
In section 2 (education and training for persons aged 16 to 19), in subsection (5), after paragraph (b) insert—.
In section 3 (education and training for persons over 19), in subsection (5), after paragraph (b) insert—.
Section 4 (encouragement of education and training) is amended as follows.
The existing provision is to become subsection (1) of that section.
After that subsection, insert—
In section 509AB of the Education Act 1996 (c. 56) (further provision about transport policy statements), in subsection (3)(c)—
for “distance from” substitute “distances, and journey times, between”; and
for “of establishments” substitute “and establishments”.
In section 509AD of the Education Act 1996 (LEAs in England: duty to have regard to religion or belief in exercise of travel functions), in subsection (1), for the words from “to any wish” to the end substitute—
The arrangements made by a children’s services authority in England (a “children’s authority”) under section 10 of the 2004 Act (co-operation to improve well-being of children) must include arrangements within subsection (2) or (3).
The arrangements within this subsection are arrangements to promote co-operation between—
the children’s authority,
the authority’s relevant partners, and
the other persons and bodies (of any nature) who exercise functions, or are engaged in activities, relevant to the provision of 14-19 education or training in the authority’s area.
The arrangements within this subsection are arrangements made jointly by the children’s authority and one or more other children’s authorities to promote co-operation between—
the authorities,
the authorities' relevant partners, and
the other persons and bodies (of any nature) who exercise functions, or are engaged in activities, relevant to the provision of 14-19 education or training in each of the authorities' areas.
Subsection (1) is not to be read as affecting the generality of the duty imposed by section 10(1) and (2) of the 2004 Act so far as relating to education and training.
In this section—
“children’s services authority in England” has the meaning given by section 65(1) of that Act;
For the purposes of subsection (5)—
“education” means full-time or part-time education, but does not include higher education (namely, education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 (c. 40));
“training” means full-time or part-time training, and includes vocational, social, physical and recreational training;
“academic year” means any period beginning with 1 August and ending with the next 31 July.
The Learning and Skills Act 2000 (c. 21) is amended as follows.
In section 3 (Council’s duty to secure provision of facilities for education and training for persons aged 19 and over), after subsection (1) insert—
After section 4 insert—
In section 13 (Council’s duty to have regard to needs of persons with learning difficulties), in subsection (1), after “3,” insert “4A, 4B,”.
Section 152 (orders and regulations) is amended as set out in subsections (6) and (7).
In subsection (2A), at the end insert “or an order to which subsection (2C) applies”.
After subsection (2B) insert—
After Schedule 1 insert—
Information within subsection (2) or (3) may be—
used in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, or
disclosed to a person for use in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.
Information is within this subsection if—
it is about an individual who has attained the age of 19, and
it is held by the Secretary of State for the purposes of any function of the Secretary of State relating to social security.
Information is within this subsection if—
it is about an individual who has attained the age of 19,
it is held by the Secretary of State or a devolved authority, and
it relates to any training or course of education undertaken by the individual (whether before or after the individual attained the age of 19).
For the purposes of this section and sections 88 to 90, “assessment function” means any of the following functions—
evaluating the effectiveness of training or education provided for persons who have attained the age of 19;
assessing policy in relation to the provision of such training or education;
assessing policy in relation to social security or employment as it affects the provision of or participation in such training or education.
The Commissioners for Her Majesty’s Revenue and Customs may disclose information relating to income tax or tax credits to a person for use in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.
The reference in subsection (1) to the Commissioners for Her Majesty’s Revenue and Customs includes a reference to a person authorised by the Commissioners.
Information disclosed to a person in reliance on section 87(1)(b) or 88 may be used by that person only in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.
Subsection (3) applies where information about an individual is used in connection with the exercise of an assessment function of the Secretary of State or a devolved authority—
in reliance on section 87(1)(a), or
under subsection (1) above.
So far as is reasonably practicable, the information must not be used in such a way that the identity of the individual is disclosed to, or capable of being discovered by, a person carrying out an evaluation or assessment of a kind mentioned in section 87(4)(a) to (c).
This section applies to information—
used in reliance on section 87(1)(a), or
disclosed in reliance on section 87(1)(b) or 88.
A person commits an offence if—
the person discloses the information to another otherwise than in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, and
the information relates to a person whose identity is specified in or can be deduced from the disclosure.
It is a defence to prove that a person charged with the offence reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both;
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.
A prosecution for an offence under this section may be instituted in England and Wales only with the consent of the Director of Public Prosecutions.
In subsection (4)(b), the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed in England and Wales before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (short sentences).
This section applies for the purposes of sections 87 to 90.
Nothing in these sections affects the use or disclosure of information by virtue of—
section 3 of the Social Security Act 1998 (c. 14);
any other enactment or rule of law.
These are the devolved authorities—
the Scottish Ministers;
the Welsh Ministers.
A reference to the Secretary of State includes a reference to a person providing services to the Secretary of State.
A reference to a devolved authority includes a reference to a person providing services to the authority.
A reference to training or education does not include a reference to higher education (within the meaning of the Education Reform Act 1988 (c. 40) or section 38 of the Further and Higher Education (Scotland) Act 1992 (c. 37)).
For the purposes of this Chapter, “an independent educational institution” means—
an independent school, or
an institution other than an independent school which—
provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and
would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.
For the purposes of this section, an institution provides “part-time” education for a person if it provides education for the person— which does not amount to full-time education.
for at least 12.5 hours a week, for at least 28 weeks, during an academic year at the end of which the person is under the age of 12, or
for at least 15 hours a week, for at least 28 weeks, during an academic year at the end of which the person is aged 12 or over,
Regulations may—
provide that a specified institution or an institution of a specified description is not an independent educational institution by virtue of subsection (1)(b);
provide that time spent on a specified activity or on an activity of a specified description is or is not to be treated as time during which education is being provided for the purposes of this section;
amend subsection (2)(a) or (b) so as to substitute a different number of weeks for the number of weeks for the time being mentioned there.
In this section—
“an academic year” means a period of 12 months ending with 31 August;
References in this Chapter to an independent educational institution are to an independent educational institution in England.
For provision regulating independent schools in Wales, see Chapter 1 of Part 10 of the Education Act 2002 (c. 32).
The Secretary of State must by regulations prescribe standards for the purposes of this Chapter about the following matters—
the quality of education provided at independent educational institutions;
the spiritual, moral, social and cultural development of students at independent educational institutions;
the welfare, health and safety of students at independent educational institutions;
the suitability of proprietors of and staff at independent educational institutions;
the premises of and accommodation at independent educational institutions;
the provision of information by independent educational institutions;
the manner in which independent educational institutions handle complaints;
the quality of the leadership in and management of independent educational institutions.
A standard may be prescribed in relation to—
all independent educational institutions,
specified independent educational institutions, or
independent educational institutions of a specified description.
In subsection (2) “specified” means specified in regulations made under this section.
The standards do not apply to early years provision for children who have not attained the age of three (separate requirements as to such provision being imposed by or under Part 3 of the Childcare Act 2006 (c. 21)).
In this Chapter “independent educational institution standards” means—
the standards for the time being prescribed under this section, and
in relation to early years provision for children who have attained the age of three, the Early Years Foundation Stage (see section 39 of the Childcare Act 2006).
The Secretary of State must keep a register of independent educational institutions.
The register is to be known as “the register of independent educational institutions in England”.
The Secretary of State must publish the register in such manner, and at such times, as the Secretary of State considers appropriate.
A person must not conduct an independent educational institution unless it is registered.
A person who conducts an independent educational institution in contravention of subsection (1) is guilty of an offence.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (3) substitute “six months”.
Where the Chief Inspector has reasonable cause to believe that an offence under section 96 is being committed on any premises, the Chief Inspector may at any reasonable time—
enter and inspect the premises, and
inspect and take copies of any records or other documents which the Chief Inspector has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.
Section 58 of the Education Act 2005 (c. 18) (computer records) applies in relation to the inspection of records or other documents under this section.
This section does not confer power to inspect or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material etc).
It is an offence intentionally to obstruct a person in the exercise of the person’s functions in relation to the inspection.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
The proprietor of an independent educational institution may apply to the Secretary of State for the institution to be entered on the register.
An application to enter an institution in the register must—
contain the prescribed information, and
be made in the prescribed manner.
The information prescribed under subsection (2)(a) must include information as to the following matters relating to the institution—
whether the institution is—
an independent school, or
an institution within section 92(1)(b);
the age range of students;
the maximum number of students;
whether the institution is for male or female students or both;
whether the institution provides accommodation for students;
whether the institution is specially organised to make special educational provision for students with special educational needs;
in the case of an institution within paragraph (f), the type or types of special educational needs for which the institution is specially organised to make special educational provision.
The Secretary of State must notify the Chief Inspector of an application under this section.
Where the Chief Inspector is notified under section 98(4) that an institution has applied to be entered on the register, the Chief Inspector must—
inspect the institution, and
make a report to the Secretary of State on the extent to which the independent educational institution standards are likely to be met in relation to the institution once it becomes a registered independent educational institution.
The Secretary of State must then decide, taking into account— whether those standards are likely to be met in relation to the institution once it becomes a registered independent educational institution.
the report of the Chief Inspector, and
any other evidence relating to the independent educational institution standards,
The Secretary of State must notify the proprietor of the institution of the decision made under subsection (2).
If the Secretary of State decides under subsection (2) that the independent educational institution standards are likely to be met in relation to the institution once it becomes a registered independent educational institution, the Secretary of State must enter the institution in the register.
An entry in the register for an independent educational institution must include—
the name and address of the institution,
the name of the proprietor of the institution, and
the information supplied pursuant to section 98(3)(a) to (g).
If the Secretary of State— the Secretary of State may remove the institution from the register.
has reasonable cause to believe that a registered institution has ceased to be an independent educational institution, and
does not have reasonable cause to believe that the institution will become an independent educational institution again within the following twelve months,
The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.
The Secretary of State’s decision does not have effect during the period in which—
an appeal may be brought under section 124 against the decision, or
where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
This section defines “a material change” in relation to an independent educational institution for the purposes of this Chapter.
In relation to an institution other than a special institution, “a material change” means a change in respect of any matter referred to in section 98(3)(e) or (f).
In relation to a special institution, “a material change” means—
a change of proprietor,
a change of address, or
a change in respect of any matter referred to in section 98(3)(a) to (g).
In this section “a special institution” means an independent educational institution that is specially organised to make special educational provision for students with special educational needs.
Where the proprietor of a registered independent educational institution is aware that a material change is to be made in relation to the institution, the proprietor must make an application to the Secretary of State for approval of the change.
An application for approval under this section must be made in writing and, in the case of approval of a change of proprietor, must be made by the proposed new proprietor.
Where an application for approval of a material change is made under section 102, the Secretary of State may direct the Chief Inspector to inspect the institution.
Where such a direction is given, the Chief Inspector must—
inspect the institution, and
make a report to the Secretary of State on the extent to which any relevant standard is likely to continue to be met in relation to the institution if the change is made.
In this section “any relevant standard” means any independent educational institution standard—
specified by the Secretary of State for the purposes of the inspection, or
considered to be relevant by the Chief Inspector in the circumstances of the case.
Where an application for approval of a material change is made under section 102, the Secretary of State must—
approve the change, if satisfied that the independent educational institution standards are likely to continue to be met in relation to the institution if the change is made;
in any other case refuse to approve it.
In coming to a decision under subsection (1) the Secretary of State must take into account—
any report of the Chief Inspector under section 103, and
any other evidence relating to the independent educational institution standards.
The Secretary of State must notify the proprietor of the institution of any decision under subsection (1).
A decision under subsection (1) to refuse to approve a material change does not have effect during the period in which—
an appeal may be brought under section 125 against the decision, or
where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
The Secretary of State may remove an independent educational institution from the register if—
there has been a material change in relation to the institution,
the change has not been approved under this Chapter, and
either—
no application has been made under section 102 for approval of the change, or
such an application has been made but has been refused.
The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.
The Secretary of State’s decision does not have effect during the period in which—
an appeal may be brought under section 124 against the decision, or
where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
The Secretary of State may—
approve a body or bodies to carry out inspections of registered independent educational institutions;
withdraw approval previously given under paragraph (a).
The Secretary of State may approve a body in relation to— In this subsection “specified” means specified by the Secretary of State.
specified registered independent educational institutions, or
registered independent educational institutions of a specified description.
The power in subsection (2)(b) to specify a description of independent educational institution includes power to specify a description by reference to membership of a body.
The Secretary of State may by regulations specify matters that must be taken into account in deciding to approve or withdraw approval from a body under this section.
In this Chapter, “an independent inspectorate” means a body approved under this section.
The Chief Inspector must, at intervals of no more than a year, prepare and send to the Secretary of State a report about independent inspectorates.
In preparing a report under this section the Chief Inspector must have regard to such matters as the Secretary of State may direct.
The Secretary of State may in particular give directions about—
matters to be taken into account in preparing a report, and
the form and contents of a report.
The Chief Inspector must—
inspect each independent educational institution to which this section applies at such intervals as may be prescribed, and
make a report to the Secretary of State, in relation to each inspection, on the extent to which any relevant standard is being met, and is likely to continue to be met, in relation to the institution.
In this section “any relevant standard”, in relation to an inspection, means any independent educational institution standard that is—
specified by the Secretary of State for the purposes of the inspection, or
considered to be relevant by the Chief Inspector in the circumstances of the case.
This section does not require the Chief Inspector to carry out an inspection or make a report if the Chief Inspector has been notified by the Secretary of State that the institution is to be inspected instead by an independent inspectorate.
An interval may be prescribed under subsection (1) by reference to the time of an inspection carried out—
by the Chief Inspector in compliance with subsection (1), or
by an independent inspectorate as mentioned in subsection (3).
This section applies to any registered independent educational institution that is not—
an Academy,
a city technology college, or
a city college for the technology of the arts.
The Secretary of State may at any time direct the Chief Inspector to inspect a registered independent educational institution specified in the direction.
Where such a direction is made the Chief Inspector must—
inspect the institution, and
make a report to the Secretary of State on the extent to which any relevant standard is being met in relation to the institution.
The Secretary of State may at any time arrange for an independent inspectorate—
to inspect a registered independent educational institution in relation to which it is approved under section 106, and
to make a report to the Secretary of State on the extent to which any relevant standard is being met in relation to the institution.
In this section “any relevant standard” means any independent educational institution standard that is—
specified by the Secretary of State for the purposes of the inspection, or
considered to be relevant by the person carrying out the inspection in the circumstances of the case.
This section applies to any inspection of a registered independent educational institution that is carried out by the Chief Inspector under this Chapter.
The Chief Inspector has at all reasonable times—
a right of entry to the premises of the institution for the purposes of the inspection, and
a right to inspect and take copies of any records kept by the institution and any other documents containing information relating to the institution that are required for the purposes of the inspection.
Section 58 of the Education Act 2005 (c. 18) (computer records) applies in relation to the inspection of records or other documents under subsection (2)(b).
This section does not confer power to inspect or take copies of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material etc).
It is an offence intentionally to obstruct a person in the exercise of the person’s functions in relation to the inspection.
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Regulations may require the proprietor of an institution to which this section applies to pay to the Chief Inspector a fee in respect of an inspection of the institution carried out by the Chief Inspector under this Chapter.
Regulations under this section must make provision for determining—
the amount of any fee, and
the time at which it must be paid.
Regulations under this section may make provision—
for determining the amount of a fee by reference to circumstances obtaining at a time before the inspection to which it relates takes place;
requiring two or more fees to be paid in respect of an inspection under section 108 (inspections at prescribed intervals);
requiring a fee to be paid at a time before the inspection to which it relates takes place;
prescribing circumstances in which the amount of a fee may be varied or a fee may be waived;
conferring a discretion on the Secretary of State.
The power in subsection (3)(c)—
does not include power to make provision requiring a fee in respect of an inspection under section 108 to be paid at any time at which an independent inspectorate is approved in relation to the institution;
includes power to make provision as to circumstances in which a fee is not to be refunded (and any requirement to pay a fee is to be unaffected) if the inspection to which it relates does not take place.
Without prejudice to section 166(6), regulations under this section may make different provision—
for inspections of different descriptions of institution, or
for inspections carried out for different purposes or in different circumstances.
This section applies to any registered independent educational institution that is not—
an Academy,
a city technology college, or
a city college for the technology of the arts.
Where the proprietor of an institution fails to pay a fee in accordance with regulations under section 111, the Secretary of State may remove the institution from the register.
The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.
The Secretary of State’s decision does not have effect during the period in which—
an appeal may be brought under section 124 against the decision, or
where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
The Chief Inspector must comply with a direction given by the Secretary of State to publish the report of any inspection carried out by the Chief Inspector under this Chapter.
A report published by virtue of this section must be published in the prescribed manner.
This section applies to a registered independent educational institution if the Secretary of State is satisfied, taking into account relevant evidence, that one or more of the independent educational institution standards is or are not being met in relation to the institution.
In subsection (1) “relevant evidence” means—
the report of an inspection carried out by the Chief Inspector or an independent inspectorate, or
any other evidence in respect of the institution.
The Secretary of State may require the proprietor of a registered independent educational institution to which this section applies to submit an action plan to the Secretary of State for approval.
In this Chapter “an action plan” means a plan specifying—
the steps that will be taken to meet a standard or standards, and
the time by which each step will be taken.
Any requirement imposed under this section to submit an action plan must be imposed by serving a notice on the proprietor of the institution in question—
identifying the standard or standards that the Secretary of State is satisfied is or are not being met in relation to the institution, and
specifying a date by which the action plan must be submitted.
Where an action plan is submitted in pursuance of a requirement imposed under this section (whether or not by the date specified in the notice), the Secretary of State may—
approve it, with or without modifications, or
reject it.
Where the Secretary of State rejects an action plan, the Secretary of State may impose a further requirement under this section to submit an action plan.
An action plan that has been approved may be varied at any time by the proprietor of the institution in question with the agreement of the Secretary of State.
This section applies to a registered independent educational institution if the Secretary of State is satisfied, taking into account relevant evidence, that one or more of the independent educational institution standards is or are not being met in relation to the institution.
In subsection (1) “relevant evidence” means—
the report of an inspection carried out by the Chief Inspector or an independent inspectorate, or
any other evidence in respect of the institution.
The Secretary of State may take enforcement action under section 116 against the proprietor of a registered independent educational institution to which this section applies if either of the following conditions is met.
The first condition is that—
the Secretary of State has, during the period of three years before the enforcement action is taken, required the proprietor of the institution to submit one or more action plans under section 114, and
any action plan required as mentioned in paragraph (a)—
has not been submitted, and the date specified by the Secretary of State under section 114(5)(b) has passed,
was submitted but was rejected, or
was approved but was subsequently not complied with.
The second condition is that—
at least two years before the enforcement action is taken the Secretary of State required the proprietor of the institution to submit an action plan,
at least one inspection of the institution has been carried out, by the Chief Inspector or an independent inspectorate approved under section 106 in relation to the institution, since that requirement was imposed, and
the Secretary of State has not at any time since that requirement was imposed been satisfied that the institution was meeting all of the independent educational institution standards.
Where the Secretary of State is entitled under section 115(3) to take enforcement action against the proprietor of an institution, the Secretary of State may—
impose a relevant restriction on the proprietor, or
remove the institution from the register.
The Secretary of State must notify the proprietor of the institution in question of any decision to take enforcement action under subsection (1).
A decision to take enforcement action under subsection (1) does not have effect during the period in which—
an appeal may be brought under section 124 or 125 against the decision, or
where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
In this Chapter a “relevant restriction” imposed on the proprietor of a registered independent educational institution is a requirement that the proprietor take one or more of the following steps by a specified time or by specified times—
to cease to use any part of the institution’s premises for all purposes or specified purposes;
to close any part of the institution’s operation;
to cease to admit any new students or new students of specified descriptions.
In subsection (1) “specified” means—
in the case of a relevant restriction imposed by the Secretary of State under section 116(1)(a), specified by the Secretary of State;
in the case of a relevant restriction imposed by an order of a justice of the peace under section 120, specified in the order;
in the case of a relevant restriction imposed by an order of the Tribunal under section 124, 125 or 126, specified in the order.
This section applies where the proprietor of an institution is subject to a relevant restriction imposed by the Secretary of State under section 116(1)(a).
If the proprietor fails to comply with the relevant restriction the proprietor is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (2) substitute “six months”.
The proprietor may apply to the Secretary of State for the restriction to be varied or revoked.
On an application under subsection (4) the Secretary of State must—
vary or revoke the restriction as requested in the application, if the Secretary of State is satisfied that it is appropriate to do so because of any change of circumstance, and
in any other case, refuse to do so.
The Secretary of State must notify the proprietor of the decision made under subsection (5).
A decision to vary or revoke the restriction has effect as from the date on which the proprietor receives notice of it.
The Secretary of State may remove an institution from the register if satisfied that a person to whom subsection (2) applies—
carries out work of a prescribed kind in relation to the institution, or
is the proprietor of the institution.
This subsection applies to any person who is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom.
The Secretary of State must notify the proprietor of an institution of any decision to remove it from the register under this section.
The Secretary of State’s decision does not have effect during the period in which—
an appeal may be brought under section 124 against the decision, or
where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
The reference in subsection (1) to the proprietor of the institution is—
in a case in which the proprietor is a company, a reference to any director of the company;
in a case in which the proprietor is any other body of persons, whether corporate or unincorporate, a reference to any member of the body.
The Secretary of State may apply to a justice of the peace for—
an order imposing a relevant restriction on the proprietor of a registered independent educational institution, or
an order that such an institution be removed from the register.
If it appears to the justice that a student at the institution in question is suffering or is likely to suffer significant harm, the justice may make the order.
An application under this section may be made without notice.
An order under this section must be in writing.
A copy of an order under this section must be served on the proprietor of the institution by the Secretary of State as soon as reasonably practicable after the order is made.
An order under this section has effect from the time the copy is served on the proprietor (and, accordingly, in the case of an order under subsection (1)(b), the Secretary of State must not remove the institution from the register in pursuance of the order before that time).
For the purposes of this section, “harm” has the same meaning as in the Children Act 1989 (c. 41) and the question of whether harm is significant is to be determined in accordance with section 31(10) of that Act.
This section applies where the proprietor of an institution is subject to a relevant restriction imposed by an order of a justice of the peace under section 120(1)(a).
If the proprietor fails to comply with the relevant restriction, the proprietor is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (2) substitute “six months”.
The Secretary of State must comply with this section as soon as reasonably practicable after an order is made under section 120 against the proprietor of an institution.
The Secretary of State must serve on the proprietor—
a copy of any written statement in support of the application for the order, and
notice of the right of appeal conferred by section 126.
In the case of an order made against the proprietor of a special institution, the Secretary of State must notify the following that the order has been made—
the local education authority in whose area the institution is situated;
any other local education authority that the Secretary of State, after reasonable enquiry, is aware has specified the institution in a statement of special educational needs in respect of a student at the institution.
In this section “a special institution” means an institution that is specially organised to make special educational provision for students with special educational needs.
Regulations may make provision for requiring the proprietor of a registered independent educational institution to provide the Secretary of State, on request, with such particulars relating to the institution as may be prescribed.
Regulations under this section may in particular—
require the provision of such information as is needed by the local authority in whose area the institution is situated for the purpose of determining whether the institution is a children’s home within the meaning of the Care Standards Act 2000 (c. 14) (see section 1 of that Act);
provide for the Secretary of State to remove from the register any institution in respect of which any requirement imposed by or under the regulations is not complied with;
provide that a person who fails to comply with any specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In subsection (2) “specified” means specified in regulations under this section.
Regulations that include provision by virtue of subsection (2)(b) must include the provision required by subsections (5) and (6).
The regulations must require the Secretary of State to notify the proprietor of an institution of any decision to remove the institution from the register by virtue of subsection (2)(b).
The regulations must provide that a decision by the Secretary of State to remove an institution from the register by virtue of subsection (2)(b) does not have effect during the period in which—
an appeal may be brought under section 124 against the decision, or
where such an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
The proprietor of a registered independent educational institution may appeal to the Tribunal against a decision of the Secretary of State to remove the institution from the register—
under section 100 (no longer required to register),
under section 105 (unapproved material change),
under section 112 (failure to pay fees),
under section 116 (failure to meet standards),
under section 119 (unsuitable persons), or
by virtue of section 123 (failure to provide information).
Any appeal under this section must be brought within the period of 28 days beginning with the day on which notice of the decision is served on the proprietor.
On an appeal under this section the Tribunal may—
confirm the decision,
direct that the decision is of no effect, or
in the case of an appeal under subsection (1)(b), (d) or (e), direct that the decision is of no effect and make an order imposing a relevant restriction on the proprietor of the institution.
Where the Tribunal confirms the decision, the Secretary of State must remove the institution from the register on such date as the Tribunal may specify or, if it does not specify a date, from such date as the Secretary of State may determine.
In this Chapter “the Tribunal” means the First-tier Tribunal.
The proprietor of an institution may appeal to the Tribunal against a decision of the Secretary of State in relation to the institution under—
section 99(2) (standards not likely to be met on registration),
section 104(1) (refusal to approve a material change),
section 116(1)(a) (imposition of relevant restriction on proprietor), or
section 118(5)(b) (refusal to vary or revoke a relevant restriction).
Any appeal under this section must be brought within the period of 28 days beginning with the day on which notice of the decision is served on the proprietor.
On an appeal under subsection (1)(a), the Tribunal may—
confirm the decision, or
require the Secretary of State to reconsider the decision, taking into account, amongst other things, the findings of the Tribunal on the appeal.
Section 99(3) and (4) applies in relation to the Secretary of State’s decision on reconsideration under subsection (3)(b) above as it applies to a decision made under section 99(2).
On an appeal under subsection (1)(b) the Tribunal may—
confirm the decision, or
itself approve the change.
On an appeal under subsection (1)(c), the Tribunal may—
confirm the decision,
direct that the relevant restriction is to cease to have effect, or
direct that the relevant restriction is to cease to have effect and make an order imposing a different relevant restriction on the proprietor.
On an appeal under subsection (1)(d), the Tribunal may—
confirm the refusal, or
if the Tribunal is satisfied that it is appropriate to do so because of a change of circumstance since the restriction in question was imposed—
direct that the relevant restriction is to cease to have effect, or
direct that the relevant restriction is to cease to have effect and make an order imposing a different relevant restriction on the proprietor.
The proprietor of a registered independent educational institution may appeal to the Tribunal against the making of an order under section 120 (order of justice of the peace in an emergency).
On an appeal under this section the Tribunal may—
confirm the making of the order,
direct that the order is to cease to have effect, or
direct that the order is to cease to have effect and make an order—
imposing a relevant restriction on the proprietor of the institution, or
requiring the Secretary of State to remove the institution from the register on such date as the Tribunal may specify or, if it does not specify a date, from such date as the Secretary of State may determine.
Subsection (4) applies where—
an appeal is brought under this section against an order that the institution be removed from the register, and
the Tribunal directs that the order is to cease to have effect.
The institution—
must be restored to the register by the Secretary of State, and
is to be treated as if it had not been removed from the register in pursuance of the order.
This section applies where the Tribunal makes an order under section 124, 125 or 126 imposing a relevant restriction on the proprietor of an institution.
The order in question has effect from the time the proprietor receives notice of it in accordance with Tribunal Procedure Rules or from the Secretary of State.
If the proprietor fails to comply with the relevant restriction, the proprietor is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (3) substitute “six months”.
The proprietor may apply to the Tribunal for the relevant restriction to be varied or revoked.
On an application under subsection (5) the Tribunal must—
vary or revoke the relevant restriction as requested in the application, if the Tribunal is satisfied that it is appropriate to do so because of any change of circumstance, and
in any other case, refuse to do so.