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Section 111 Fees for inspections by Chief Inspector under this ChapterI1I2

England and Wales

(1)

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.

(2)

Regulations under this section must make provision for determining—

(a)

the amount of any fee, and

(b)

the time at which it must be paid.

(3)

Regulations under this section may make provision—

(a)

for determining the amount of a fee by reference to circumstances obtaining at a time before the inspection to which it relates takes place;

(b)

requiring two or more fees to be paid in respect of an inspection under section 108 (inspections at prescribed intervals);

(c)

requiring a fee to be paid at a time before the inspection to which it relates takes place;

(d)

prescribing circumstances in which the amount of a fee may be varied or a fee may be waived;

(e)

conferring a discretion on the Secretary of State.

(4)

The power in subsection (3)(c)—

(a)

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;

(b)

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.

(5)

Without prejudice to section 166(6), regulations under this section may make different provision—

(a)

for inspections of different descriptions of institution, or

(b)

for inspections carried out for different purposes or in different circumstances.

(6)

This section applies to F1any independent educational institution that is registered, or is the subject of an application to be registered, other than —

(a)

an Academy,

(b)

a city technology college, or

(c)

a city college for the technology of the arts.

Annotations

Textual amendments

F1

Words in s. 111(6) substituted (8.6.2010) by Children, Schools and Families Act 2010 (c. 26), ss. 23, 29(2) (with s. 27)

Commencement

I1

S. 111 in force at 19.6.2009 for specified purposes by S.I. 2009/1513, art. 2(2) (with art. 2A) (which transitory provision was inserted (1.7.2009) by S.I. 2009/1606, art. 7)

I2

S. 111 in force at 1.9.2009 in so far as not already in force by S.I. 2009/1606, art. 3

Notes on Chapter 1

Modifications

C1

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)

C2

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)

C3

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)