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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 324

EDUCATION

The Registration of Independent Schools (Scotland) Regulations 2006

  Made 8th June 2006 
  Laid before the Scottish Parliament 8th June 2006 
  Coming into force 1st July 2006 

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:

Citation , commencement and revocation
     1. —(1) These Regulations may be cited as the Registration of Independent Schools (Scotland) Regulations 2006 and shall come into force on 1st July 2006.

    (2) The Registration of Independent Schools (Scotland) Regulations 2005[
2] are hereby revoked.

Interpretation
     2. —(1) In these Regulations–

    (2) Where these Reg ulations require a document to be signed, that requirement shall be satisfied–

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

    (4) 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.

Application for registration of an independent school
     3. Every application for the registration of an independent school[7] shall–

Particulars information to be furnished to Registrar by proprietors of registered schools
     4. —(1) Subject to paragraph (2), information as to the particulars specified in Schedules 1 and 2 relating to a registered school[9] shall be furnished in writing to the Registrar[10] by the proprietor of that school in September of each year.

    (2) The Registrar may, prior to September of each year, advise in writing the proprietors of registered schools that they do not require to furnish the particulars information specified in Schedules 1 and 2, either in part or in full, if such information is already known to the Registrar.

Notification to Registrar of changes to certain particulars
     5. —(1) Within one month of the occurrence of a designated change affecting a registered school the proprietor shall furnish the Registrar with–

    (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–


PETER J PEACOCK
A member of the Scottish Executive

St Andrew's House, Edinburgh
8th June 2006



SCHEDULE 1
Regulations 3, 4 and 5


Particulars Information – applications for registration and registered schools


     1. The name of the school.

     2. The postal address, electronic address, telephone number and facsimile number of the s chool, 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 prop rietor should be sent if different from paragraph 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 4


Particulars information – registered schools


     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 information in relation to every teacher employed by or in the school as at the date on which such information is furnished to the Registrar under regulation 4–

     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 Polic y 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 (Minister ial Powers and Independent Schools) (Scotland) Act 2004 revises and amends the legislation governing independent schools within the Education (Scotland) Act 1980.

These Regulations revoke the Registration of Independent Schools (Scotland) Regulations 2005 ('the 2005 Regulations'), revising the structure which is set out in those Regulations in relation to the provision of information to the Scottish Ministers, and to the Registrar of Independent Schools, concerning applications for registration of independe nt schools, and for existing registered schools, respectively.

Regulation 3 sets out, under reference to the Schedules to the Regulations, the information as to particulars to be provided to the Scottish Ministers by a proprietor seeking registration of an independent school.

Regulation 4, which represents the main revisal to the structure of the 2005 Regulations, deals with the particulars information which requires to be provided to the Registrar by proprietors of schools which are registered. In terms of regulation 4(1) proprietors require to provide the information which is specified in the Schedules, annually, to the Registrar. This is however qualified by regulation 4(2) which enables the Registrar to advise proprietors of information not required, on the basis of it already being known to the Registrar.

Regulation 5 requires changes which relate to certain specified particulars to be notified to the Registrar within one month of them occurring.


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] S.S.I. 2005/571.back

[3] 2003 asp 5.back

[4] 1997 c.50.back

[5] 2000 c.7.back

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

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

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

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

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



ISBN 0 11 070688 9


 © Crown copyright 2006

Prepared 21 June 2006


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