Education Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
12

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Functions of Chief Inspector
(1)
The Chief Inspector has the general duty of keeping the Assembly informed
about—
(a)
the quality of the education provided by schools in Wales,
(b)
how far that education meets the needs of the range of pupils at those
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schools,
(c)
the educational standards achieved in those schools,
(d)
the quality of the leadership in and management of those schools,
including whether the financial resources made available to those
schools are managed efficiently,
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(e)
the spiritual, moral, social and cultural development of pupils at those
schools, and
(f)
the contribution made by those schools to the well-being of those
pupils.
(2)
When asked to do so by the Assembly, the Chief Inspector must—
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(a)
give advice to the Assembly on such matters as may be specified in the
Assembly’s request, and
(b)
inspect and report on such school, or class of school, in Wales as may
be so specified.
(3)
In addition, the Chief Inspector has the following specific duties—
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(a)
establishing and maintaining the register mentioned in section 25(1);
(b)
giving guidance to inspectors registered in that register, and such other
persons as he considers appropriate, in connection with inspections of
schools in Wales under section 28 and the making of reports of such
inspections;
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(c)
keeping under review the system of inspecting schools under that
section and, in particular, the standard of such inspections and of the
reports made by registered inspectors;
(d)
keeping under review the extent to which any requirement imposed by
or under this Part, or any other enactment, on any registered inspector,
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local education authority, proprietor of a school or governing body in
relation to inspections of schools in Wales is complied with;
(e)
promoting efficiency in the conduct and reporting of inspections of
schools in Wales by encouraging competition in the provision of
services by registered inspectors.
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(4)
The Chief Inspector may at any time give advice to the Assembly on any matter
connected with schools, or a particular school, in Wales.
(5)
The Chief Inspector is to have such other functions in connection with schools
in Wales, including functions with respect to the training of teachers for such
schools, as may be assigned to him by the Assembly.
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(6)
In exercising his functions, the Chief Inspector must have regard to such
aspects of policy adopted or formulated by the Assembly as the Assembly may
direct.
(7)
This section does not apply in relation to education which is brought within the
remit of the Chief Inspector by Part 4 of the Learning and Skills Act 2000 (c. 21).
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Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
13

21
Annual and other reports to Assembly
(1)
The Chief Inspector—
(a)
must make an annual report to the Assembly,
(b)
may make such other reports to the Assembly, with respect to matters
which fall within the scope of his functions, as he considers
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appropriate, and
(c)
may arrange for any report made by him under this section to be
published in such manner as he considers appropriate.
(2)
The Assembly must publish any report that is made to it under subsection
(1)(a).
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Power of Assembly to establish advisory panel
(1)
The Assembly may by regulations—
(a)
establish a panel for the purpose of providing advice to the Assembly
on matters relating to the functions that are at any time exercisable by
the Chief Inspector under this Part or any other enactment, and
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(b)
make provision as to the functions of the panel.
(2)
The regulations may in particular—
(a)
make provision about the appointment of members of the panel,
(b)
make provision for remuneration and allowances to be paid to
members of the panel,
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(c)
require the panel and the Chief Inspector to co-operate with each other,
(d)
require the panel to make reports to the Assembly.
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Powers of entry etc. of Chief Inspector
(1)
For the purposes of the exercise of any function conferred by or under section
20, the Chief Inspector has at all reasonable times, in relation to any school in
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Wales—
(a)
a right of entry to the premises of the school, and
(b)
a right to inspect, and take copies of, any records kept by the school,
and any other documents containing information relating to the school,
which he requires for those purposes.
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(2)
For the purposes of the exercise of any function conferred by or under section
20, the Chief Inspector has at all reasonable times—
(a)
a right of entry to any premises (other than school premises) on which,
by virtue of arrangements made by a school in Wales, any pupils
who—
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(i)
are registered at the school, and
(ii)
have attained the age of 15, or will attain that age in the current
school year, but have not ceased to be of compulsory school age,

are provided with part of their education by any person (“the
provider”),
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(b)
a right of entry to any premises of the provider used in connection with
the provision by him of that education, and
(c)
a right to inspect and take copies of—
(i)
any records kept by the provider relating to the provision of
that education, and
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Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
14

(ii)
any other documents containing information so relating,

which the Chief Inspector requires for those purposes.
(3)
It is an offence intentionally to obstruct the Chief Inspector—
(a)
in the exercise of his functions in relation to the inspection of a school
for the purposes of section 20(2)(b), or
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(b)
in the exercise of any right under subsection (1) or (2) for the purposes
of the exercise of any other function.
(4)
A person guilty of an offence under subsection (3) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
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Power of Chief Inspector to arrange for inspections
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(1)
The Chief Inspector may cause any school in Wales to be inspected by one or
more of Her Majesty’s Inspectors of Education and Training in Wales (in this
section referred to as “Inspectors”).
(2)
Where an inspection of a school in Wales is being conducted by a registered
inspector under section 28, the Chief Inspector may arrange for that inspection
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to be monitored by one or more Inspectors.
(3)
An Inspector inspecting a school, or monitoring an inspection, under this
section has at all reasonable times—
(a)
a right of entry to the premises of the school,
(b)
a right of entry to any other premises on which, by virtue of
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arrangements made by the school, any pupils who—
(i)
are registered at the school, and
(ii)
have attained the age of 15, or will attain that age in the current
school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person (“the provider”),
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(c)
a right of entry to any premises of the provider used in connection with
the provision by him of that education,
(d)
a right to inspect, and take copies of, any records kept by the school,
and any other documents containing information relating to the school,
which he considers relevant to the discharge of his functions, and
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(e)
a right to inspect and take copies of—
(i)
any records kept by the provider relating to the provision of
education for pupils registered at the school, and
(ii)
any other documents containing information relating to the
provision of such education by the provider,
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which the Inspector considers relevant to the discharge of his functions.
(4)
It is an offence intentionally to obstruct any Inspector in the exercise of any of
his functions under this section.
(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
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(6)
An inspection of a school conducted under subsection (1) may not extend to
any education of a kind brought within the remit of the Chief Inspector by Part
4 of the Learning and Skills Act 2000 that is provided by the school.

Education Bill [HL]
Part 1 — School inspections and other inspections by school inspectors
Chapter 3 — School inspectors and school inspections: Wales
15

Registered inspectors
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Registration of inspectors in Wales
(1)
No person may conduct an inspection of any school in Wales under section 28
unless—
(a)
he is a member of the Inspectorate, or
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(b)
he is registered as an inspector in a register kept by the Chief Inspector
for the purposes of this Chapter.
(2)
The Chief Inspector may not register a person under this section unless, having
regard to any conditions that he proposes to impose under subsection (4)(c), it
appears to him that that person—
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(a)
is a fit and proper person for discharging the functions of a registered
inspector, and
(b)
will be capable of conducting inspections under this Chapter
competently and effectively,

and no person may be so registered if he falls within a category of persons
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prescribed for the purposes of this subsection.
(3)
An application for registration under this section—
(a)
must be made in such manner, and be accompanied by such
particulars, as the Chief Inspector may direct, and
(b)
must be accompanied by the prescribed fee.
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(4)
On an application duly made under this section the Chief Inspector may—
(a)
register the applicant,
(b)
refuse to register him, or
(c)
register him subject to such conditions as the Chief Inspector considers
it appropriate to impose.
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(5)
The matters to which the Chief Inspector may have regard in deciding whether
to register the applicant include, in particular—
(a)
the extent to which the Chief Inspector proposes to exercise his
discretion under subsection (1) of section 28 to secure that inspections
under that section are conducted by members of the Inspectorate rather
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than registered inspectors, and
(b)
the extent to which there is a need for registered inspectors in Wales.
(6)
Conditions under subsection (4)(c) may be conditions applying generally in
relation to all cases, or particular classes of case, or such conditions together
with specific conditions applying in the particular case.
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(7)
Where a person is registered subject to conditions imposed under subsection
(4)(c), he is to be taken to be authorised to act as a registered inspector only so
far as those conditions permit.
(8)
The period for which any registration is to have effect is to be determined by
the Chief Inspector and must be entered in the register kept by him.
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(9)
Nothing in subsection (8) is to be taken as preventing a registered inspector
from applying for a fresh registration to take effect immediately on the expiry
of his current registration.