Part 4E+WRegulation and inspection of independent educational provision in England

Chapter 1E+WIndependent educational institutions in England

AppealsE+W

124Appeal by proprietor against decision of Secretary of State to deregisterE+W

(1)The proprietor of a registered independent educational institution may appeal to the Tribunal against a decision of the Secretary of State to remove the institution from the register—

(a)under section 100 (no longer required to register),

(b)under section 105 (unapproved material change),

(c)under section 112 (failure to pay fees),

(d)under section 116 (failure to meet standards),

(e)under section 119 (unsuitable persons), or

(f)by virtue of section 123 (failure to provide information).

(2)Any appeal under this section must be brought within the period of 28 days beginning with the day on which notice of the decision is served on the proprietor.

(3)On an appeal under this section the Tribunal may—

(a)confirm the decision,

(b)direct that the decision is of no effect, or

(c)in the case of an appeal under subsection (1)(b), (d) or (e), direct that the decision is of no effect and make an order imposing a relevant restriction on the proprietor of the institution.

(4)Where the Tribunal confirms the decision, the Secretary of State must remove the institution from the register on such date as the Tribunal may specify or, if it does not specify a date, from such date as the Secretary of State may determine.

(5)In this Chapter “the Tribunal” means the First-tier Tribunal.

Modifications etc. (not altering text)

C4S. 124(2): power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90) (which affecting provision expires (9.12.2020) by virtue of The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 (S.I. 2021/1399), regs. 1(2), 5)

Commencement Information

I1S. 124 in force at 12.10.2009 for specified purposes by S.I. 2009/1606, art. 4 (with art. 5) (which transitional provisions in art. 5 are revoked (22.12.2014) by S.I. 2014/3364, art. 3(3), Sch.)

I2S. 124 in force at 1.1.2011 for specified purposes by S.I. 2010/2906, art. 2(d) (with art. 3(2)) (which transitional provisions in art. 3 are revoked (22.12.2014) by S.I. 2014/3364, art. 3(3), Sch.)

I3S. 124(1)(a) (c)-(f) (2)-(5) in force at 5.1.2015 in so far as not already in force by S.I. 2014/3364, art. 2(r)