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Education Act 2002
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Changes over time for: Section 167
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Education Act 2002, Section 167 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 167:
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1 by S.I. 2004/571 Sch.
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1A and 2 by S.I. 2005/2570 art. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 27(1A) inserted by 2010 c. 26 s. 4(1)
- s. 29(2A)-(2D) inserted by 2009 c. 22 s. 260(4) (This amendment not applied to legislation.gov.uk. S. 250 omitted (1.9.2012) by virtue of 2011 c. 21, s. 29(9)(d); S.I. 2012/1087, art. 3)
- s. 29B inserted by 2008 c. 25 s. 157
- s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 s. 31(2)
- s. 85A(5) words substituted by 2009 c. 22 Sch. 12 para. 34
- s. 86(1) s. 86 renumbered as s. 86(1) by 2006 c. 40 s. 74(2)(c)
- s. 86(2) inserted by 2006 c. 40 s. 74(2)(c)
- s. 88(2)-(7) inserted by 2006 c. 40 s. 74(3)
- s. 88(7) repealed by S.I. 2010/1080 Sch. 1 para. 45 Sch. 2 Pt. 1 (This amendment not applied to legislation.gov.uk. The insertion of s. 88(2)-(7) by 2006 c. 40, s 74(3) was repealed without ever being brought into force.)
- s. 142(9)(b) words substituted by S.I. 2010/1158 Sch. 2 para. 11(10)(b)
- s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
167 Determination of appealsE+W
This section has no associated Explanatory Notes
(1)This section applies where an appeal is made under section 166 to the [F1First-tier Tribunal].
(2)In the case of an appeal against a refusal under section 162 to approve a material change, the tribunal may—
(a)uphold the refusal to approve, or
(b)itself approve the change.
(3)In the case of an appeal against a determination under section 165 to remove the school from the register, the tribunal may—
(a)uphold the determination, or
(b)revoke the determination.
(4)Where under subsection (3)(a) the tribunal upholds a determination, the registration authority shall remove the school from the register on such date as the tribunal may specify or, if it does not specify a date, on such date as the registration authority may determine.
(5)Where under subsection (3)(b) the tribunal revokes a determination, it may order the proprietor of the school to do one or more of the following by such time as may be specified in the order—
(a)to cease using any part of the school premises for all purposes or purposes specified in the order;
(b)to close any part of the school’s operation;
(c)to cease to admit any new pupils, or new pupils of a description specified in the order.
(6)In the case of an appeal against an order under section 165(8) requiring the taking of specified action, the tribunal may—
(a)uphold the order,
(b)vary the order, or
(c)strike down the order.
(7)In the case of an appeal against a refusal under section 165(10) to vary or revoke an order under section 165(8), the tribunal may—
(a)uphold the refusal, or
(b)if in any case it is satisfied that it is appropriate to do so because of any change of circumstance after the making of the order—
(i)vary the order in such manner as it thinks fit, or
(ii)revoke the order.
(8)The tribunal may, on the application of the proprietor of a registered school, vary or revoke any order made by it under subsection (5) in relation to the school where it is satisfied that it is appropriate to do so because of any change of circumstance.
(9)If the proprietor of a school fails to comply with an order of the tribunal under subsection (5)—
(a)he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and
(b)the tribunal may, on the application of the registration authority, authorise the registration authority to remove the school from the register on such date as the tribunal may determine.
Textual Amendments
F1Words in s. 167(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 195
Commencement Information
I1S. 167 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4
I2S. 167 in force at 1.1.2004 for W. by S.I. 2003/2961, art. 6, Sch. Pt. III
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