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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Lexis+® UK Local Government Education tracker 2018 [Archived] contains a historical record of current awareness, consultations, legislations and developments tracked by the Education tracker from 2018 Developments from and 2017 are available in the Education tracker 2017 [Archived]. For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher Education What's happening? When? Find out more Higher Education (Transparency Condition and Financial Support) (England) Regulations 2018, SI 2018/1382 20 December 2018 SI to make provision ensuring ongoing registration of higher education (HE) providers rated ‘Approved’ or ‘Approved (fee cap)’ includes a transparency condition and provision that those providers are eligible to receive payments from OfS Provisions are made establishing that the Office for Students (OfS) must ensure that the ongoing registration conditions of each registered HE provider in the ‘Approved’ or ‘Approved (fee cap)’ part of the OfS register, includes a
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Lexis+® UK Local Government Education tracker 2019 [Archived] contains a historical record of current awareness, consultations, legislations and developments tracked by the Education tracker from 2019 which have ceased to be current, the period for consultation has ended or legislation that has now come into force. Secondary legislation is archived two months after it is in force. Cases and primary legislation are archived 12 months after coming into force or after judgment is handed down. Developments from 2016–18 are available in the Education tracker archives for each of those respective years. See: Education tracker 2018 [Archived], Education tracker 2017 [Archived] and Education tracker 2016 [Archived]. For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher Education What's happening? When? Find out more Education (Student Finance) (Amendments to Student Eligibility) (Wales) Regulations 2019, SI 2019/1192 19
PRACTICE NOTES
This Lexis+® UK Local Government future Education tracker 2020 [Archived] contains a historical record of current awareness, consultations legislations and developments tracked by the Education tracker covering the entire spectrum of education from early years foundation stage (EFYS) to further and higher education. It does not cover the impact of coronavirus (COVID-19) which are covered in the Coronavirus (COVID-19)—education tracker [Archived] and the Coronavirus (COVID-19)—education tracker 2020 [Archived] respectively. As soon as news, consultations and other developments cease to be current, they are archived in the Education tracker archive. Secondary legislation is archived two months after it is in force. Cases and primary legislation are archived 12 months after coming into force or after judgment is handed down. See Practice Notes: Education tracker 2019 [Archived], Education tracker 2018 [Archived], Education tracker 2017 [Archived] and Education tracker 2016 [Archived]. For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher
PRACTICE NOTES
This Lexis+® UK Local Government future Education tracker 2021 [Archived] contains a historical record of current awareness, consultations legislations and developments tracked by the Education tracker covering the entire spectrum of education from early years foundation stage (EFYS) to further and higher education during the year 2021. As soon as news, consultations and other developments cease to be current, they are archived in the Education tracker archive. Secondary legislation is archived two months after it is in force. Cases and primary legislation are archived 12 months after coming into force or after judgment is handed down. See: Education tracker 2020 [Archived], Education tracker 2019 [Archived], Education tracker 2018 [Archived], Education tracker 2017 [Archived] and Education tracker 2016 [Archived]. For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Consultations and developments of interest • Cases Coronavirus (COVID-19) To keep up-to-date with guidance and content relating to the impact of COVID 19 on the education sector, see the Coronavirus (COVID-19)—local government tracker—post July 2021
PRACTICE NOTES
This Lexis+® UK Local Government Education tracker 2022 [Archived] contains a historical record of current awareness, consultations, legislations and developments tracked by the Education tracker and covers the entire spectrum of education from early years foundation stage (EFYS) to further and higher education. As soon as news, consultations and other developments cease to be current, they are archived in the Education tracker archive. Secondary legislation is archived two months after it is in force. Cases and primary legislation are archived 12 months after coming into force or after judgment is handed down. See: • Education tracker 2021 [Archived] • Education tracker 2020 [Archived] • Education tracker 2019 [Archived] • Education tracker 2018 [Archived] • Education tracker 2017 [Archived] • Education tracker 2016 [Archived] For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher Education What's happening? When? Find out more Skills and Post-16 Education Act 2022 (Commencement No 2) (England)
PRACTICE NOTES
This Lexis+® UK Local Government Education tracker 2023 [Archived] contains a historical record of current awareness, consultations, legislations and developments tracked by the Education tracker and covers the entire spectrum of education from early years foundation stage (EFYS) to further and higher education. As soon as news, consultations and other developments cease to be current, they are archived in the Education tracker archive. Secondary legislation is archived two months after it is in force. Cases and primary legislation are archived 12 months after coming into force or after judgment is handed down. See previously archived trackers: • Education tracker 2022 [Archived] • Education tracker 2021 [Archived] • Education tracker 2020 [Archived] • Education tracker 2019 [Archived] • Education tracker 2018 [Archived] • Education tracker 2017 [Archived] • Education tracker 2016 [Archived] For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher Education What's happening? When? Find out more Tertiary
PRACTICE NOTES
This Lexis+® UK Local Government Education tracker 2024 [Archived] contains a historical record of current awareness, consultations, legislations and developments tracked by the Education tracker and covers the entire spectrum of education from early years foundation stage (EFYS) to further and higher education. As soon as news, consultations and other developments cease to be current, they are archived in the Education tracker archive. Secondary legislation is archived two months after it is in force. Cases and primary legislation are archived 12 months after coming into force or after judgment is handed down. See previously archived trackers: • Education tracker 2023 [Archived] • Education tracker 2022 [Archived] • Education tracker 2021 [Archived] • Education tracker 2020 [Archived] • Education tracker 2019 [Archived] • Education tracker 2018 [Archived] • Education tracker 2017 [Archived] • Education tracker 2016 [Archived] For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Guidance, consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher Education What's happening? When? Find
PRACTICE NOTES
This Lexis+® UK Local Government Education tracker 2025 [Archived] contains a historical record of current awareness, consultations, legislations and developments tracked by the Education tracker and covers the entire spectrum of education from early years foundation stage (EFYS) to further and higher education. As soon as news, consultations and other developments cease to be current, they are archived in the Education tracker archive. Secondary legislation is archived two months after it is in force. Cases and primary legislation are archived 12 months after coming into force or after judgment is handed down. See previously archived trackers: • Education tracker 2024 [Archived] • Education tracker 2023 [Archived] • Education tracker 2022 [Archived] • Education tracker 2021 [Archived] • Education tracker 2020 [Archived] • Education tracker 2019 [Archived] • Education tracker 2018 [Archived] • Education tracker 2017 [Archived] • Education tracker 2016 [Archived] For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Guidance, consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher Education What's
GLOSSARY
Educational Recording Agency Ltd operates a licensing scheme for the educational use of copyright material.
Q&As
Legislation The legislation that governs the educational records for maintained schools is The Education (Pupil Information)(England) Regulations 2005, SI 2005/1437 (E(PI)(E)R 2005). Under Reg 5(2): '...the governing body shall make a pupil’s educational record available for inspection by the parent, free of charge, within fifteen school days of receipt of the parent’s written request for access to that record”. So this gives every parent a right of access to the records'. Academies are publicly funded independent schools so the E(PI)(E)R 2005 does not apply to them. They will be governed by the Freedom of Information Act 2000. Informing other parent of request: There are many factors that are relevant in determining whether the other parent should be informed of the request. There is nothing in the regulations
PRACTICE NOTES
Effect of a bankruptcy restrictions order or undertaking The effect of a bankruptcy restrictions order (BRO) or bankruptcy restrictions undertaking (BRU) is to impose wide ranging restrictions on a bankrupt. These include the restrictions that a bankrupt is subject to prior to their discharge from bankruptcy, although there are additional restrictions that apply outside of insolvency law, eg not to act as a local councillor. If a bankrupt is the subject of a BRO or BRU, these restrictions continue for the duration of the BRO or BRU, regardless whether the bankrupt has been discharged. It is a criminal offence not to comply with the terms of a BRO or BRU. If a person is subject to a BRO or BRU and acts contrary to any of the restrictions, they may be prosecuted and may be fined or imprisoned or both. Full details of the restrictions imposed by a BRO and BRU are set out below. Duration of a BRO or BRU A BRO made under the Insolvency Act 1986
PRACTICE NOTES
Effect of administration on LPA/fixed charge receivership The appointment of an administrator creates a moratorium. This will prevent a mortgagee from enforcing its security, including the appointment of a receiver, without the leave of the court or the consent of the administrator. For more information on the moratorium in administration, see Practice Notes: The moratorium in administration and Lifting the administration moratorium—appointment of fixed charge receiver. Where a receiver is already in place and then the company goes into administration, the receiver of part of the company's property must vacate office if the administrator requires it. The case of Promontoria (Chestnut) Limited v Craig considered that an administrator’s decision to require receivers to vacate office may be challenged if it is irrational or improperly reached. For further details, see News Analysis: Administrators’ decision to remove receivers was unreasonable (Promontoria (Chestnut) Ltd v Craig and another). Where a receiver vacates under paragraph 41, remuneration, properly incurred expenses and an applicable indemnity are charged on the property previously in