Content on this page requires a newer version of Adobe Flash Player.

Get Adobe Flash player

You are viewing : Home » LOCAL COUNCILS UPDATE (view all editions) » 2019 Editions » July 2019

The Independent Educational Provision in England (Inspection Fees and Savings Provisions) Regulations 2019 (SI 2019/995)

These Regulations are made under powers in the Education and Skills Act 2008. Their purpose is to revoke and replace the Independent Educational Provision in England (Inspection Fees) and Independent School Standards (Amendment) Regulations 2018 (SI 2018/205) (“the 2018 Regulations”).

Regulation 2 makes provision for the requirement to pay fees to Her Majesty’s Chief Inspector of Education, Children and Skills (“the Chief Inspector”) in respect of standard Ofsted inspections under section 109 of the Education and Skills Act 2008. Fees are not required to be paid under regulation 2 for certain types of inspections.

Regulation 3 and Table 1 set out the way that the fees are determined. The fees for the inspections referred to in regulation 2 are being increased above the rate of inflation. The fee is payable in instalments known as individual fees, which are all to be paid no later than three years after the inspection to which they relate. The effect of the regulation is that payment may be due under these Regulations before an inspection has happened. Regulation 4 provides for certain circumstances in which a fee payable under regulation 3 will not be refunded, even if the inspection does not take place at all (for example, in circumstances where the fee has been paid, but the school ceases to be registered).

Regulation 5 requires a fee to be payable in respect of inspections of schools that have applied to the Secretary of State to be registered. This fee is being increased above the rate of inflation.

Regulation 6 requires fees to be payable in respect of inspections of schools which appear not to be meeting the required standards (“progress monitoring inspections”). These fees are being increased above the rate of inflation.

Regulation 9 makes revocation and saving provisions. Regulation 9(1) revokes the 2018 Regulations, with two exceptions. The first exception is in respect of regulation 9 of the 2018 Regulations, which amended the Education (Independent School Standards) Regulations 2014. The second exception is regulation 10(3) of the 2018 Regulations, which made saving provisions in respect of the Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009 which are still needed. Savings are made in respect of an inspection which took place under the 2018 Regulations before these Regulations come into force. The effect of regulation 9(3) is to preserve the obligation to make the payment for that inspection under the 2018 Regulations, notwithstanding their revocation.

An impact assessment of the effect that this instrument will have on the costs of business and the public and voluntary sector is available from the Independent Education and Boarding Team, Department for Education, Bishopsgate House, Feethams, Darlington, DL1 5QE and accessible on the Department’s internet website at http://www.education.gov.uk. Copies have also been placed in the Library of each House of Parliament.