Part 4Regulation and inspection of independent educational provision in England
C1C3C2Chapter 1Independent educational institutions in England
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(e), 70(2); S.I. 2018/346, reg. 4(f)
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(e), 70(2); S.I. 2018/346, reg. 4(e)
Independent colleges for 16 to 18 year olds
I1132Providers of independent education or training for 16 to 18 year olds
1
Regulations may provide for any provision of this Chapter to apply in relation to an independent post-16 college as it applies in relation to an independent educational institution, subject to such modifications as may be prescribed.
2
For this purpose, “an independent post-16 college” means an institution in England—
a
at which relevant education or training is provided for—
i
five or more persons who are not under compulsory school age, including at least one who is over compulsory school age but is under the age of 18, or
ii
at least one student to whom subsection (4) applies who is over compulsory school age but is under the age of 18,
b
which is not—
i
an independent educational institution,
ii
a school maintained by a F2local authority,
iii
a special school not so maintained, F11...
F10iiia
an institution solely or principally concerned with the provision of higher education, or
c
which is outside the further education F12sector.
3
In subsection (2)(a), “relevant education or training” provided for a person means education or training which—
a
is provided for the person for at least 16 hours a week, for at least 4 weeks, during an academic year, and
b
is not education or training provided in connection with facilities for adventure activities (within the meaning of section 1 of the Activity Centres (Young Persons' Safety) Act 1995 (c. 15) (adventure activities: licensing)).
4
This subsection applies to a person—
a
for whom F4an EHC plan is maintained, or
b
for whom F5an EHC plan was maintained immediately before—
i
the person ceased to be a pupil at his or her last school F6or (if later) the person ceased to be a student at his or her last post-16 institution, or
ii
the institution F7in England mentioned in subsection (2) started providing relevant education or training for the person.
5
Regulations may—
a
provide that a specified institution or an institution of a specified description is not an independent post-16 college;
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 or training is provided for the purposes of this section;
c
amend subsection (3)(a) so as to substitute a different number of hours or weeks for the number of hours or weeks for the time being mentioned there.
6
In this section—
“an academic year” means a period of 12 months ending with 31 August;
F8“post-16 institution” has the meaning given by section 83(2) of the Children and Families Act 2014;
“specified” means specified in regulations under this section.
I2133Regulations under section 132: supplementary
1
Regulations under section 132(1) applying—
a
section 120, or
b
any of the provisions mentioned in—
i
section 124(1), or
ii
section 125(1),
in relation to an independent post-16 college must also apply any provision conferring a right of appeal against a decision or order made under that provision.
2
No draft of any regulations under section 132(1) may be laid before Parliament unless the Secretary of State has first consulted—
a
the Chief Inspector, and
b
such other persons as the Secretary of State considers appropriate,
about the proposal to make the regulations.
Pt. 4 Ch. 1 modified (22.12.2014) by The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014 (S.I. 2014/3364), art. 3(2)