Legislation – Education and Skills Act 2008

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 4Regulation and inspection of independent educational provision in England

Chapter 1Independent educational institutions in England

Independent colleges for 16 to 18 year olds

132Providers 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 F1local authority,

(iii)

a special school not so maintained, F2…

F3(iiia)

an institution solely or principally concerned with the provision of higher education, or

(iv)

an institution in receipt of funding from the F4F5Secretary of State F6…, and

(c)

which is outside the further education F7sector.

(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 F8an EHC plan is maintained, or

(b)

for whom F9an EHC plan was maintained immediately before—

(i)

the person ceased to be a pupil at his or her last school F10or (if later) the person ceased to be a student at his or her last post-16 institution, or

(ii)

the institution F11in 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;

F12“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.

133Regulations 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.