House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
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

13

 

(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).

21      

Annual and other reports to Assembly

(1)   

The Chief Inspector—

(a)   

must make an annual report to the Assembly,

5

(b)   

may make such other reports to the Assembly, with respect to matters

which fall within the scope of his functions, as he considers

appropriate, and

(c)   

may arrange for any report made by him under this section to be

published in such manner as he considers appropriate.

10

(2)   

The Assembly must publish any report that is made to it under subsection

(1)(a).

22      

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

15

on matters relating to the functions that are at any time exercisable by

the Chief Inspector under this Part or any other enactment, and

(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,

20

(b)   

make provision for remuneration and allowances to be paid to

members of the panel,

(c)   

require the panel and the Chief Inspector to co-operate with each other,

(d)   

require the panel to make reports to the Assembly.

23      

Powers of entry etc. of Chief Inspector

25

(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

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,

30

and any other documents containing information relating to the school,

which he requires for those purposes.

(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,

35

by virtue of arrangements made by a school in Wales, 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,

40

   

are provided with part of their education by any person (“the

provider”),

(b)   

a right of entry to any premises of the provider used in connection with

the provision by him of that education, and

 
 

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

14

 

(c)   

a right to inspect and take copies of—

(i)   

any records kept by the provider relating to the provision of

that education, and

(ii)   

any other documents containing information so relating,

   

which the Chief Inspector requires for those purposes.

5

(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

(b)   

in the exercise of any right under subsection (1) or (2) for the purposes

of the exercise of any other function.

10

(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.

24      

Power of Chief Inspector to arrange for inspections

(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

15

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

to be monitored by one or more Inspectors.

(3)   

An Inspector inspecting a school, or monitoring an inspection, under this

20

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

arrangements made by the school, any pupils who—

(i)   

are registered at the school, and

25

(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”),

(c)   

a right of entry to any premises of the provider used in connection with

the provision by him of that education,

30

(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

(e)   

a right to inspect and take copies of—

(i)   

any records kept by the provider relating to the provision of

35

education for pupils registered at the school, and

(ii)   

any other documents containing information relating to the

provision of such education by the provider,

   

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

40

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.

(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

45

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

25      

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

5

(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—

10

(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

15

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.

20

(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.

25

(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

30

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.

35

(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.

40

(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.

 
 

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

16

 

26      

Removal from register and imposition or variation of conditions

(1)   

If the Chief Inspector is satisfied that any of the conditions mentioned in

subsection (2) is satisfied with respect to an inspector registered in the register,

he may remove the name of that inspector from the register.

(2)   

The conditions are that—

5

(a)   

he is no longer a fit and proper person for discharging the functions of

a registered inspector under this Chapter;

(b)   

he is no longer capable of conducting inspections under this Chapter

competently and effectively;

(c)   

there has been a significant failure on his part to comply with any

10

condition imposed under section 25(4)(c) and subject to which his

registration has effect;

(d)   

he has, without reasonable explanation, produced a report of an

inspection which is, in whole or in part, seriously misleading.

(3)   

If the Chief Inspector is satisfied—

15

(a)   

that he is authorised by subsection (2) to remove the name of an

inspector from the register, or

(b)   

that it would otherwise be in the public interest to act under this

subsection,

   

he may vary any condition subject to which the registration of that inspector

20

has effect or vary that registration by imposing a condition subject to which it

will have effect.

27      

Appeals in relation to registration

(1)   

Any person who is aggrieved by—

(a)   

the refusal of the Chief Inspector to renew his registration under section

25

25,

(b)   

the imposition or variation of any condition subject to which he is

registered under that section, or

(c)   

the removal of his name from the register under section 26,

   

may appeal against the Chief Inspector’s decision to a tribunal constituted in

30

accordance with Schedule 3.

(2)   

Where—

(a)   

a decision to refuse to renew a person’s registration under section 25 is

expressed to be based on the ground—

(i)   

that there is a reduced need for registered inspectors in Wales,

35

or

(ii)   

that there is no longer any need for registered inspectors in

Wales, and

(b)   

the tribunal is satisfied that the decision was based on one of those

grounds,

40

   

the tribunal must confirm the decision to refuse renewal.

(3)   

No decision of the Chief Inspector falling within (1)(b) or (c) is to have effect

until—

(a)   

the disposal of any appeal against the decision which is duly made

under this section, or

45

(b)   

the period within which an appeal may be made has expired without

an appeal having been made.

 
 

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

17

 

(4)   

Subsection (3) does not apply where the Chief Inspector—

(a)   

is satisfied that the circumstances of the case justify the decision in

question taking effect immediately, or earlier than would otherwise be

the case, and

(b)   

notifies the person concerned to that effect.

5

(5)   

On determining any appeal under this section, the tribunal may—

(a)   

confirm, reverse or vary the decision appealed against, or

(b)   

remit the case to the Chief Inspector with directions as to the action to

be taken by him.

(6)   

Schedule 3 makes further provision with respect to tribunals constituted to

10

hear appeals under this section.

Inspections by registered inspectors and members of the Inspectorate

28      

Duty to arrange regular inspections of certain schools

(1)   

It is the duty of the Chief Inspector to secure that every school in Wales to

which this section applies is inspected under this section, at such intervals as

15

may be prescribed, by an inspector registered under section 25 or by a member

of the Inspectorate.

(2)   

Subject to subsection (3), the schools to which this section applies are—

(a)   

community, foundation and voluntary schools,

(b)   

community and foundation special schools,

20

(c)   

maintained nursery schools, and

(d)   

special schools which are not community or foundation special schools

but are for the time being approved by the Assembly under section 342

of the Education Act 1996 (c. 56) (approval of special schools).

(3)   

This section does not apply to any school—

25

(a)   

which is a closing school (as defined by subsection (4)), and

(b)   

in respect of which the Chief Inspector has decided, having regard to

the date on which the closure is to take effect, that no useful purpose

would be served by the school being inspected under this section.

(4)   

In subsection (3)(a) a “closing school” means—

30

(a)   

any community, foundation or voluntary school, community or

foundation special school or maintained nursery school in respect of

which proposals to discontinue the school have been approved,

adopted or determined under any enactment,

(b)   

a foundation or voluntary school in respect of which the governing

35

body have given notice of discontinuance under section 30 of the

School Standards and Framework Act 1998 (c. 31),

(c)   

a community, foundation or voluntary or community or foundation

special school in respect of which the Assembly has given a direction to

discontinue the school under section 19 or 32 of that Act, or

40

(d)   

a special school which is not a community or foundation special school

but is for the time being approved by the Assembly under section 342

of the Education Act 1996 and which the proprietor has decided to

close.

 
 

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

18

 

(5)   

It is the general duty of any inspector conducting an inspection under this

section to report on—

(a)   

the  quality of the education provided in the school,

(b)   

how far the education provided in the school meets the needs of the

range of pupils at the school,

5

(c)   

the educational standards achieved in the school,

(d)   

the quality of the leadership in and management of the school,

including whether the financial resources made available to the school

are managed effectively,

(e)   

the spiritual, moral, social and cultural development of the pupils at the

10

school, and

(f)   

the contribution made by the school to the well-being of those pupils.

(6)   

Subsection (1) has effect subject to section 32.

(7)   

An inspection which is required under this section must not extend to—

(a)   

denominational education,

15

(b)   

education which is brought within the remit of the Chief Inspector by

Part 4 of the Learning and Skills Act 2000 (c. 21), or

(c)   

the content of collective worship which falls to be inspected under

section 50.

(8)   

Schedule 4 makes further provision with respect to inspections under this

20

section.

Publication of inspection reports

29      

Publication of inspection reports

(1)   

The Chief Inspector may, in the case of—

(a)   

any report by a member of the Inspectorate of an inspection carried out

25

by him under any provision of this Chapter (whether the report is

required by any such provision or is otherwise made in pursuance of

his functions under that provision), or

(b)   

any report of an inspection under section 28 made by a registered

inspector,

30

   

arrange for the report to be published in such manner as the Chief Inspector

considers appropriate.

(2)   

Without prejudice to the generality of—

(a)   

section 21(1)(c), or

(b)   

subsection (1),

35

   

the Chief Inspector may arrange for a report to which that provision applies to

be published by electronic means.

(3)   

For the purposes of the law of defamation any report published by the Chief

Inspector under either of those provisions is privileged unless the publication

is shown to have been made with malice.

40

(4)   

Subsection (3) does not limit any privilege subsisting apart from that

subsection.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 23 March 2005