2012 No. 1293
The Education (Exemption from School Inspection) (England) Regulations 2012
Made
Laid before Parliament
Coming into force
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 5(4A) and 120(2)(a) of the Education Act 20051.
Citation, commencement and application1
1
These Regulations may be cited as the Education (Exemption from School Inspection) (England) Regulations 2012 and come into force on 8th June 2012.
2
These Regulations apply in relation to schools in England only.
Interpretation.2
In these Regulations –
“the 2005 Act” means the Education Act 2005; and
“the 2010 Act” means the Academies Act 20102.
Categories of school prescribed for the purposes of section 5(4A) of the 2005 Act3
1
The categories of school that are prescribed for the purposes of section 5(4A) of the 2005 Act are those falling within the following subsections of section 53 of that Act—
a
subsection (2)(a) (community, foundation and voluntary schools);
b
subsection (2)(d) (Academy schools) subject to paragraph (2) of this regulation;
c
subsection (2)(e) (city technology colleges); and
d
subsection (2)(f) (city colleges for the technology of the arts).
2
An Academy school is not a prescribed category of school if it is an educational institution of the kind described in section 1A(2) of the 2010 Act4.
Circumstances prescribed for the purposes of section 5(4A) of the 2005 Act4
1
The circumstances prescribed for the purposes of section 5(4A) of the 2005 Act are the circumstances set out in paragraphs (2) and (3).
2
The school’s overall effectiveness was awarded the highest grade in the school’s most recent inspection under section 5 of the 2005 Act.
3
In the case of a school which is an Academy school that has not previously been inspected under section 5 of the 2005 Act and has a predecessor school—
a
its predecessor school’s overall effectiveness was awarded the highest grade in its last inspection under section 5; or
b
if that Academy school has two or more predecessor schools, each predecessor school’s overall effectiveness was awarded the highest grade in its last inspection under section 5.
4
In this regulation—
a
b
a reference to an Academy school’s “predecessor school” is a reference to—
i
the school that was discontinued and which that Academy school replaced; or
ii
the maintained school which converted into that Academy school in accordance with section 4 of the 2010 Act7.
(This note is not part of the Regulations)