Explanatory note

These Regulations are made under section 119 of the Education and Skills Act 2008 (“the 2008 Act”). Section 119 confers power on the Secretary of State to remove an independent educational institution from the register of independent educational institutions. “Independent educational institution” (“institution”) is defined in section 92 of the 2008 Act. The institution can be removed from the register if the Secretary of State is satisfied that a person who is subject to a direction, order or decision prescribed in regulation 3 has been carrying out work falling within regulation 2. The power to remove an institution from the register also arises if its proprietor is subject to a direction, order or decision listed in regulation 3 (see section 119(1)(b) of the 2008 Act).

The directions, orders and decisions listed in regulation 3 have the effect of prohibiting the individual who is the subject of the direction, order or decision from some type of work that may be carried out at an independent educational institution.

An impact assessment has not been produced for this instrument as there is no financial burden on institutions.