OpenLegislation

Section 73 Enforcement.

England and Wales

(1)

Where an order is made by the F1Secretary of State for Education and Science or by an Independent Schools Tribunal directing that any school be struck off the register, the Registrar of Independent Schools shall as from the date on which the direction takes effect strike the school off the register.

C1(2)

If any person uses any premises for purposes for which they are disqualified by virtue of any order made under this Part of this Act, that person shall be liable on summary conviction to a fine not exceeding F2level 4 on the standard scale or in the case of a second or subsequent conviction (whether in respect of the same or other premises) to a fine not exceeding level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(3)

If any person acts as the proprietor of an independent school, or accepts or endeavours to obtain employment as a teacher F3or other employee in any school, while he is disqualified from so acting or from being so employed by virtue of any such order as aforesaid, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or in the case of a second or subsequent conviction to a fine not exceeding level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(4)

No proceedings shall be instituted for an offence against this Part of this Act except by or on behalf of the Secretary of State for Education and Science.

F4(5)

For the purposes of the foregoing provisions of this Part of this Act, a person who is disqualified by an order made under Part IV of the M1Education (Scotland) Act 1945 from being the proprietor of an independent school or from being a teacher in any school shall be deemed to be so disqualified by virtue of an order made under this Part of this Act.

Annotations

Textual amendments

F1

Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F2

Words substituted by virtue of Criminal Law Act (c. 45, SIF 39:1) and of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39(1), 46, Sch.3

F3

Words in s. 73(3) inserted (1.1.1994) by 1993 c. 35, s. 290(2), S.I. 1993/3106, art. 4, Sch. 1

F4

S. 73(5) inserted by Education Act 1946 (c. 50), Sch. 2 Pt. I

Marginal citations

M1

1945 c. 37.

Modifications

C1

Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) applies

Notes on the whole Act

Textual amendments

F1

Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), Sch. 38 Pt.I.

Notes on Part III

Modifications

C1

Functions of Secretary of State for Education and Science under Part III in relation to independent schools in Wales now exercisable by Secretary of State for Wales: S.I. 1970/1536, arts. 2(1), 5(1)