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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 571

EDUCATION

The Registration of Independent Schools (Scotland) Regulations 2005

  Made 10th November 2005 
  Laid before the Scottish Parliament 11th November 2005 
  Coming into force 31st December 2005 

The Scottish Ministers, in exercise of the powers conferred by section 98(3) and 98A(2) of the Education (Scotland) Act 1980[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:



PART I

GENERAL

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Registration of Independent Schools (Scotland) Regulations 2005 and shall come into force on 31st December 2005.

    (2) In these Regulations–

    (3) Where these Regulations require a document to be signed, that requirement shall be satisfied–

    (4) References in these Regulations to "relevant person" shall be construed where applicable in accordance with section 103A(6) of the 1980 Act[5].

    (5) References in these Regulations to "employed" shall be construed to include carrying out work of any kind, whether paid or unpaid and whether under a contract of service, contract for services, or otherwise than under a contract.

Revocation
     2. The Registration of Independent Schools (Scotland) Regulations 1957[6] and the Registration of Independent Schools (Scotland) Amendment Regulations 1975[7] are hereby revoked.



PART II

INFORMATION AS TO PARTICULARS TO BE FURNISHED TO THE REGISTRAR

Application for registration of an independent school
     3. Every application for the registration of an independent school[8] shall–

Notification to Registrar of changes to certain particulars
     4. —(1) Within one month of the occurrence of a designated change affecting a registered school[10] the proprietor shall furnish the Registrar[11] with written notification of–

    (2) In paragraph (1), "designated change" means a change in any of the particulars specified in paragraphs 1 to 8 of Schedule 1.

    (3) The specified particulars are–

Annual returns
     5. Information as to the particulars specified in Schedule 2 shall be notified in writing to the Registrar by the proprietor in September of each year.


ROBERT E BROWN
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
10th November 2005



SCHEDULE 1
Regulations 3 and 4


Information as to Particulars required in an Application for Registration


     1. The name of the school.

     2. The postal address, electronic address, telephone number and facsimile number of the school, including a description of the heritable property occupied for the purposes of the school and plans of each building forming part of the school, indicating sanitary facilities and the dimensions of each room.

     3. The type of school, detailing which combination of the following describe the school, and the education or other provision made within it–

     4. The maximum intended number of pupils in the school.

     5. The date from which the school is to be operational.

     6. In the case of an individual proprietor, that person's full name, usual residential address, electronic address, telephone number and facsimile number.

     7. The postal address, electronic address, telephone number and facsimile number to which communications to the proprietor should be sent if different from 6.

     8. Where the proprietor is not an individual–

     9. A copy of the school's–

     10. A statement confirming that criminal record certificates under Part V of the 1997 Act appropriate to the position have been obtained and are in accordance with the school's Child Protection Policy and Procedure, in respect of–



SCHEDULE 2
Regulations 3 and 5


Information as to Particulars required in an Annual Return


     1. The number of pupils in the school arranged by their year of birth, their sex and whether they are day or boarding pupils.

     2. The following particulars in relation to every teacher employed by or in the school as at the date on which the Annual Return is completed–

     3. A statement confirming that criminal record certificates under Part V of the 1997 Act, appropriate to the position, have been obtained and are in accordance with the school's Child Protection Policy and Procedure, in respect of–

employed for the first time by or in, or re employed by or in the school, within the previous 12 month period.

     4. A statement confirming that the assessments undertaken in terms of the School's Fire Risk Assessment Policy and Procedure, and Health and Safety Risk Assessment Policy and Procedure have been reviewed within the previous 12 month period.



EXPLANATORY NOTE

(This note is not part of the Regulations)


Part 2 of the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 revises and amends the legislation governing independent schools within the Education (Scotland) Act 1980.

These Regulations set out the information as to particulars which is to be provided to the Registrar of Independent Schools in relation to an application for registration of an independent school. They also require certain specified changes in those particulars to be notified to the Registrar. Provision is in addition made for the information as to particulars relating to a registered independent school to be notified to the Registrar within an Annual Return, in connection with the continuing registration of the school.

These Regulations revoke the Registration of Independent Schools (Scotland) Regulations 1957 and the Registration of Independent Schools (Scotland) Amendment Regulations 1975.


Notes:

[1] 1980 c.44. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Section 98A of the Education (Scotland) Act 1980 ("the 1980 Act") was replaced by a new section 98A by virtue of section 4(2) of the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (2004 asp 12) ("the 2004 Act").back

[2] 2003 asp 5.back

[3] 1997 c.50.back

[4] 2000 c.7.back

[5] Section 103A(6) was inserted into the 1980 Act by virtue of section 7 of the 2004 Act.back

[6] S.I. 1957/1058.back

[7] S.I. 1975/1412.back

[8] Section 135(1) of the 1980 Act, as amended by section 3 of the 2004 Act, defines "independent school".back

[9] Section 135(1) of the 1980 Act defines "proprietor".back

[10] Section 135(1) of the 1980 Act, as amended by section 8(2) and Schedule 2 to the 2004 Act, defines "registered school".back

[11] "Registrar" is as referred to in Part V of the 1980 Act.back



ISBN 0 11 069809 6


 © Crown copyright 2005

Prepared 22 November 2005


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