The register
Other duties (1) — Crown / regulator
- Secretary of State must maintain and publish a register of independent schools Crown / Minister / Government department
UK Act of Parliament
2008
United Kingdom
Education and Skills Act 2008
At a glance
What's here
19 compliance obligations
Penalty landscape
3 of 19 obligations carry imprisonment (51 weeks). 3 carry different penalties and 13 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 7
Plus 12 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 770 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
- Licensing Act 2003 2003 78 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Unregistered independent educational institutions: offence
51 weeks imprisonment- Conduct an unregistered independent educational institution Any Person
Unregistered independent educational institutions: inspection
Fine up to £2,500- Obstructing an inspection of an independent school Any Person
Applications for registration
- Register your independent educational institution Any Person
Determination of applications for registration
Other duties (1) — Crown / regulator
- Secretary of State must decide on school registration applications Crown / Minister / Government department
Institutions no longer required to register: power to deregister
Other duties (1) — Crown / regulator
- Secretary of State must notify proprietors of deregistration decisions Crown / Minister / Government department
Requirement to apply for approval for material change
- Apply for approval before making material changes to an independent school Any Person
Determination of applications for approval
Other duties (1) — Crown / regulator
- Secretary of State must decide on material change applications Crown / Minister / Government department
Power to deregister institution that makes unapproved material change
Other duties (1) — Crown / regulator
- Secretary of State may deregister institutions for unapproved material changes Crown / Minister / Government department
Duty to inspect certain registered institutions at prescribed intervals
Other duties (1) — Crown / regulator
- Ofsted must inspect independent schools at regular intervals Statutory regulator
Duty to inspect registered institution on direction of Secretary of State
Other duties (1) — Crown / regulator
- Secretary of State may direct inspections of independent schools Crown / Minister / Government department
Inspections under this Chapter: power of entry etc
Fine up to £2,500- Obstruct an independent school inspection Any Person
Failure to pay fees
Other duties (1) — Crown / regulator
- Secretary of State may remove institution from register for non-payment Crown / Minister / Government department
Publication of inspection reports
Other duties (1) — Crown / regulator
- Chief Inspector must publish inspection reports when directed Statutory regulator
Enforcement action available to Secretary of State
51 weeks imprisonmentOther duties (1) — Crown / regulator
- Secretary of State must notify and delay enforcement during appeals Crown / Minister / Government department
Unsuitable persons
Other duties (1) — Crown / regulator
- Secretary of State may remove unsuitable persons from the register Crown / Minister / Government department
Relevant restriction imposed by justice of the peace: supplementary
51 weeks imprisonment- Breach an education institution restriction order Any Person
Order of justice of the peace: notification
Other duties (1) — Crown / regulator
- Secretary of State must notify proprietors of justice of the peace orders Crown / Minister / Government department
Provision of information by proprietors
Unlimited fine- Fail to provide required information for an independent school Any Person
Browse 17 other sections — procedural / definitional / commencement
Independent educational institutions in England
Application of Chapter to institutions in England only
Application of Chapter to alternative provision Academies that are not independent educational institutions
Independent educational institution standards
“Material change”
Inspection and report where applications made for approval
Independent inspectorates
Quality assurance of independent inspectorates
Fees for inspections by Chief Inspector under this Chapter
Action plans
Power of Secretary of State to take enforcement action
“Relevant restriction”
Relevant restriction imposed by Secretary of State: supplementary
Application to justice of the peace for order
Appeal by proprietor against decision of Secretary of State to deregister
Appeal by proprietor against other decisions of Secretary of State
Appeal by proprietor against order of justice of the peace
Explore more
Browse legislation
Find other UK business legislation with related guidance.