Section 101 Enforcement of orders.

Scotland

F1(1)

Any person who carries on an independent school which is not registered shall be liable on summary 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 fine and such imprisonment.

(2)

If any person uses

F2(a)

school premises which are or any part of such premises which is; or

(b)

any accommodation provided at such premises which is,

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 F3level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(3)

If any person acts as the proprietor of an independent school, F4..., while he is disqualified from so acting ... by any such order as aforesaid, he shall be liable on summary 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 fine and such imprisonment.

F5(3A)

If any person who is, by virtue of this Part of this Act, disqualified from being a teacher in any school—

(a)

endeavours to obtain a position as a teacher;

(b)

accepts such a position; or

(c)

teaches,

in any school, that person shall be liable on summary 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 fine and such imprisonment.

(4)

For the purposes of the foregoing provisions of this Part of this Act, a person who is F6subject to or deemed to be subject to a direction given under section 142 of the Education Act 2002 (c. 32) shall be deemed to be disqualified from being the proprietor of an independent school or from being a teacher in any school F7... by an order made under this Part of this Act.

Annotations

Textual amendments

F1: S. 101(1) substituted (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), ss. 5(4)(a), 9(2); S.S.I. 2005/570, art. 2(a) (with art. 3(2))
F2: Words in s. 101(2) substituted (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 1 para. 1(5)(a); S.S.I. 2005/570, art. 2(c) (with art. 3(2))
F3: Words in s. 101(2)(3) substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III.
F4: Words in s. 101(3) repealed (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 2; S.S.I. 2005/10, art. 3(d) (with art. 3(2))
F5: S. 101(3A) inserted (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), ss. 5(4)(b), 9(2); S.S.I. 2005/570, art. 2(a) (with art. 3(2))
F6: Words in s. 101(4) substituted (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 1 para. 1(5)(b); S.S.I. 2005/570, art. 2(c) (with art. 3(2))
F7: Words in s. 101(4) repealed (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 2; S.S.I. 2005/10, art. 3(d) (with art. 3(2))