Explanatory note
(This note is not part of the Regulations)
These Regulations are being made to correct a defect in the Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009 (S.I. 2009/1607) (“the 2009 Regulations”). The 2009 Regulations make provision about fees to be paid by independent educational institutions under Chapter 1 of Part 4 of the Education and Skills Act 2008. The Regulations are concerned with independent educational institutions that are independent schools within the meaning in section 463 of the Education Act 1996 but are not Academies, city technology colleges or city colleges for the technology of the arts. The fees are fees for inspections by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”).
The level of fee paid by an independent school for an inspection by the Chief Inspector depends (in part) on whether the school is a “large school” or a “small school”. Those terms are defined in regulation 1(3) of the 2009 Regulations. These Regulations substitute those definitions so that—
the number of pupils is determined by reference to the age of the pupils on the date in the year on which the school makes its annual return to the Secretary of State, and
pupils who are within the description in regulation 1(5) (as substituted) on the date in question, or who are older than that, are included when determining whether a school is “large” or “small”.
An impact assessment of the effect the 2009 Regulations will have on the costs of business and the voluntary sector is available from Margaret Pattinson, Department for Children, Schools and Families, Mowden Hall, Staindrop Road, Darlington DL3 9BG and is annexed to the Explanatory Memorandum which is available alongside the 2009 Regulations on the OPSI website (www.opsi.gov.uk).