The Independent Educational Provision in England (Inspection Fees and Savings Provisions) Regulations 2019

Document Number:2019 No. 995
Coming into force:Coming into force on the 01/07/2019
 
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Statutory Instruments

Education, England

Made

5 th June 2019

Laid before Parliament

7 th June 2019

Coming into force

1 st July 2019

The Secretary of State, in exercise of the powers conferred by sections 111(1) , (2) , (3)(a) and (c) and (4)(b) , and 166(6) of the Education and Skills Act 2008(1) , makes the following Regulations.

Citation, commencement and interpretation

  1. —(1) These Regulations may be cited as the Independent Educational Provision in England (Inspection Fees and Savings Provisions) Regulations 2019 and come into force on 1 st July 2019.

    (2) In these Regulations—

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

    “the independent school standards” means—

    standards prescribed by the Education (Independent School Standards) Regulations 2014(2); or

    in relation to early years provision for children who have attained the age of two, the Early Years Foundation Stage within the meaning of section 39 of the Childcare Act 2006(3);

    “progress monitoring inspection” means an inspection of a relevant institution by the Chief Inspector(4) which is prompted by evidence from an earlier inspection that one or more of the independent school standards is or are not being met in relation to that institution;

    “pupil” has the meaning given in section 3 of the Education Act 1996 (definition of pupil etc.)(5);

    “relevant date” means 1 st July 2019;

    “relevant institution” means an institution to which section 111 of the 2008 Act (fees for inspections by the Chief Inspector under Chapter 1 of Part 4)(6) applies.

    Fees for inspections by the Chief Inspector

  2. —(1) The proprietor(7) of a relevant institution must pay to the Chief Inspector the overall inspection fee in respect of an inspection to which paragraph (2) applies.

    (2) This paragraph applies in respect of an inspection of a relevant institution under section 109 of the 2008 Act (duty to inspect registered institution on direction of Secretary of State) which is to take place on or after the relevant date which is not—

    (a) an inspection prompted by a complaint or allegation about that relevant institution;

    (b) an inspection prompted by a request by the Tribunal(8) in relation to an appeal to the Tribunal in relation to that relevant institution; or

    (c) a progress monitoring inspection.

    Composition of the overall inspection fee and time for payment

  3. —(1) The overall inspection fee in respect of an inspection to which regulation 2 applies comprises three individual fees and is to be paid, in accordance with this regulation, within the three-year period beginning with the day on which the inspection is completed.

    (2) The amount of each individual fee is determined...

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