Learning and Skills Bill [H.L.] - continued        House of Commons
Functions of the Inspectorate and the Chief Inspector - continued

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General powers.     54. - (1) The Inspectorate may give advice to the Secretary of State on any matter relating to education or training within its remit.
      (2) The Inspectorate may inspect, and report on, any education or training within its remit.
      (3) The Inspectorate may inspect any education or training-
    (a) which is not within its remit, but
    (b) which would be if it were funded in one of the ways mentioned in section 51,
  if asked to do so by the provider of the education or training.
      (4) The Inspectorate may charge for the cost of an inspection conducted under subsection (3).
      (5) The Inspectorate must send copies of any report under this section to-
    (a) the Secretary of State;
    (b) the Learning and Skills Council for England;
    (c) any local education authority providing funds for the education or training inspected; and
    (d) the provider of the inspected education or training.
      (6) Copies may also be sent to such other persons as the Inspectorate considers appropriate.
      (7) The Inspectorate must arrange for the report to be published in such manner as it considers appropriate.
      (8) For the purposes of the law of defamation the report is privileged unless its publication is shown to be made with malice.
      (9) Nothing in subsection (8) limits any privilege subsisting apart from that subsection.
Right of entry and offences.     55. - (1) This section applies to an inspection conducted under this Chapter other than one conducted as a result of a request under section 54(3).
      (2) An inspector taking part in the inspection has, at all reasonable times-
    (a) a right of entry to premises on which the education or training being inspected is provided;
    (b) a right of entry to premises of the person providing that education or training used in connection with that provision;
    (c) a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.
      (3) In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.
      (4) The right to inspect records conferred by subsection (2)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
      (5) That right also includes the right to require-
    (a) the person by whom or on whose behalf the computer is or has been so used, or
    (b) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
  to afford the Inspectorate or any inspector such assistance as he may reasonably require.
      (6) It is an offence wilfully to obstruct any person exercising functions in relation to an inspection.
      (7) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
      (8) "Inspector", in relation to an inspection, means an employee of the Inspectorate taking part in the inspection or any person appointed by the Inspectorate to assist with the inspection and includes the Chief Inspector of Adult Learning where the inspection is being conducted by him.
Action plans.     56. - (1) This section applies if the Inspectorate or the Chief Inspector of Adult Learning publishes a report of an inspection conducted otherwise than as a result of a request under section 54(3).
      (2) The person providing the education or training which is the subject of the report must make a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it.
      (3) The person making the statement must-
    (a) publish it within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and
    (b) send copies of it to such persons as may be so prescribed.
      (4) The requirements of subsection (2) may be waived by the Inspectorate or the Chief Inspector.
Annual report.     57. - (1) The Inspectorate must make an annual report to the Secretary of State.
      (2) The Secretary of State must lay a copy of the annual report before each House of Parliament.
      (3) The annual report must be in such form and contain such information as the Secretary of State specifies in directions given to the Inspectorate.
      (4) The Inspectorate may make such other reports to the Secretary of State, with respect to matters relating to education or training within its remit, as it considers appropriate.
      (5) The Inspectorate may publish any report made under this section in such manner as it considers appropriate.
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