Education and Inspections Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Schedule 12 — The Chief Inspector and other inspectors etc.
Part 2 — Inspectors etc. acting on behalf of Chief inspector
215


who is authorised generally or specially for the purpose by the Chief
Inspector.
      (2)
But sub-paragraph (1) has effect subject to—
(a)
sub-paragraph (3) below and paragraphs 10(2) and 11(4), and
(b)
any contrary provision made by any enactment.
5
      (3)
The making of any report of an inspection of a school under section 5 of EA
2005 which states the opinion that special measures are required to be taken
in relation to the school must be personally authorised by—
(a)
the Chief Inspector, or
(b)
an HMI who is authorised by the Chief Inspector for the purposes of
10
this sub-paragraph.
      (4)
Without prejudice to the generality of sub-paragraph (1) above, references to
the Chief Inspector—
(a)
in section 10 of EA 2005 (power of entry for purposes of inspection
under s. 5 or 8), or
15
(b)
in any other enactment by virtue of which any power of entry is
exercisable by the Chief Inspector, or otherwise having effect in
connection with any such power of entry,

include references to any person authorised to act on his behalf under sub-
paragraph (1).
20
      (5)
In sub-paragraph (4) the reference to any power of entry includes a reference
to a power to inspect documents or a power conferred in connection with the
inspection of documents.
Inspectors etc. to have necessary qualifications, experience and skills
10    (1)
This paragraph applies where—
25
(a)
an HMI,
(b)
a member of the staff of the Office, or
(c)
an additional inspector,

is authorised to act on behalf of the Chief Inspector in connection with the
carrying out of any of the activities within his remit.
30
      (2)
The Chief Inspector must ensure that the person concerned has such
qualifications, experience and skills as are necessary to secure that he is able
to perform the function, or (as the case may be) assist with its performance,
in an effective manner.
Additional inspectors
35
11    (1)
The Chief Inspector may enter into arrangements with such persons as he
thinks fit for them to assist him in the performance of his functions in a
particular case or class of case.
      (2)
The Chief Inspector may also enter into arrangements with persons
(“inspection service providers”) under which they provide the services of
40
inspectors to carry out inspections on behalf of the Chief Inspector.
      (3)
A person assisting the Chief Inspector in pursuance of arrangements under
sub-paragraph (1) or (2) is to be known as an additional inspector.

Education and Inspections Bill
Schedule 13 — Interaction with other authorities
216

      (4)
The Chief Inspector may not authorise an additional inspector to conduct an
inspection of a school under section 5 of EA 2005 unless—
(a)
the inspection is to be supervised by an HMI, or
(b)
the additional inspector has previously conducted an inspection
under that section under the supervision of an HMI to the
5
satisfaction of the HMI.
      (5)
In sub-paragraph (4)(b) the reference to an HMI is, in relation to an
inspection conducted before the commencement of this paragraph, to be
read as a reference to one of Her Majesty’s Inspectors of Schools in England.
Provisions relating to additional inspectors provided by inspection service providers
10
12    (1)
This paragraph applies to arrangements made with inspection service
providers under paragraph 11(2) (“ISP arrangements”).
      (2)
In pursuance of his duty under paragraph 10(2), so far as applying to
additional inspectors provided under ISP arrangements, the Chief
Inspector—
15
(a)
must publish in such manner as he thinks fit, and
(b)
may from time to time revise,

a statement of the matters mentioned in sub-paragraph (3).
      (3)
The matters are—
(a)
the qualifications or experience (or both) that are to be required of
20
additional inspectors provided under ISP arrangements, and
(b)
the standards that such additional inspectors are to be required to
meet in the exercise of their functions and the skills that they are to
be required to demonstrate in the exercise of those functions.
      (4)
ISP arrangements must be made on terms that require the inspection service
25
provider to secure compliance with any requirements that are for the time
being published under sub-paragraph (2).
      (5)
Where the Chief Inspector has entered into any ISP arrangements, he must
publish, at intervals of not more than 12 months, a list of the names of the
persons who are, at a specified date, currently notified to him by the
30
inspection service provider as persons with whom the provider proposes to
make arrangements for the carrying out of inspections on behalf of the Chief
Inspector.
Schedule 13
Section 140

Interaction with other authorities
35
Inspection authorities and inspection functions
1     (1)
In this Schedule “the inspection authorities” means—
(a)
the Chief Inspector for Justice, Community Safety and Custody,
(b)
the Commission for Healthcare Audit and Inspection,
(c)
the Commission for Social Care Inspection, and
40
(d)
the Audit Commission for Local Authorities and the National Health
Service in England and Wales.

Education and Inspections Bill
Schedule 13 — Interaction with other authorities
217

      (2)
In sub-paragraph (1) the reference to the Chief Inspector for Justice,
Community Safety and Custody includes, in relation to any time when any
of the inspectorates to be abolished by Part 4 of the Police and Justice Act
2006 remains in existence, a reference to that inspectorate.
      (3)
In this Schedule “inspection functions” means functions relating to, or
5
connected with, inspections.
Public authorities
2     (1)
In this Schedule “public authority”—
(a)
includes any person certain of whose functions are functions of a
public nature, but
10
(b)
does not include either House of Parliament or a person exercising
functions in connection with proceedings in Parliament.
      (2)
Subject to paragraph 8(3), references in this Schedule to a public authority do
not include a public authority outside the United Kingdom.
Delegation of inspection functions to public authorities
15
3     (1)
The Chief Inspector may delegate any of his inspection functions (to such
extent as he may determine) to another public authority.
      (2)
If the carrying out of an inspection is delegated under sub-paragraph (1) it is
nevertheless to be regarded for the purposes of any enactment as carried out
by the Chief Inspector.
20
Inspection programmes and inspection frameworks
4     (1)
The Chief Inspector must from time to time, or at such times as the Secretary
of State may specify by order, prepare—
(a)
a document setting out what inspections he proposes to carry out (an
“inspection programme”);
25
(b)
a document setting out the manner in which he proposes to carry out
his functions of inspecting and reporting (an “inspection
framework”).
      (2)
Before preparing an inspection programme or an inspection framework the
Chief Inspector must consult—
30
(a)
the Secretary of State,
(b)
the inspection authorities, and
(c)
any other person or body specified by an order made by the
Secretary of State;

and he shall send to each of those persons or bodies a copy of each
35
programme or framework once it is prepared.
      (3)
The Secretary of State may by order specify the form that inspection
programmes or inspection frameworks are to take.
      (4)
The Chief Inspector may determine that any document or combination of
documents prepared for the purposes of any other enactment or enactments
40
is to be treated as a document prepared for the purposes of sub-paragraph
(1)(b) (so long as any requirements applying under or by virtue of this
paragraph are complied with in relation to the document or documents
concerned).

Education and Inspections Bill
Schedule 13 — Interaction with other authorities
218

Inspections by other inspectors of institutions within Chief Inspector’s remit
5     (1)
If—
(a)
an inspection authority is proposing to carry out an inspection that
would involve inspecting a specified institution, and
(b)
the Chief Inspector considers that the proposed inspection would
5
impose an unreasonable burden on that institution, or would do so
if carried out in a particular manner,

the Chief Inspector must, subject to sub-paragraph (5), give a notice to that
authority requiring it not to carry out the proposed inspection, or not to
carry it out in that manner.
10
      (2)
In sub-paragraph (1)(a) “specified institution” means a person or body
specified by order made by the Secretary of State.
      (3)
A person or body may be specified under sub-paragraph (2) only if the
person or body—
(a)
discharges functions or carries on other activities in relation to which
15
the Chief Inspector exercises inspection functions by virtue of any
enactment, or
(b)
is a person or body in respect of whom the Chief Inspector is the
registration authority by virtue of any enactment.
      (4)
A person or body may be specified under sub-paragraph (2) in relation to
20
particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read
as referring to an inspection that would involve inspecting the discharge of
any of its functions in relation to which it is specified.
      (5)
The Secretary of State may by order specify cases or circumstances in which
25
a notice need not, or may not, be given under this paragraph.
      (6)
Where a notice is given under this paragraph, the proposed inspection is not
to be carried out, or (as the case may be) is not to be carried out in the manner
mentioned in the notice.

This is subject to sub-paragraph (7).
30
      (7)
The Secretary of State, if satisfied that the proposed inspection—
(a)
would not impose an unreasonable burden on the institution in
question, or
(b)
would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in
35
that manner.
      (8)
The Secretary of State may by order make provision supplementing that
made by this paragraph, including in particular—
(a)
provision about the form of notices;
(b)
provision prescribing the period within which notices are to be
40
given;
(c)
provision prescribing circumstances in which notices are, or are not,
to be made public;
(d)
provision for revising or withdrawing notices;
(e)
provision for setting aside notices not validly given.
45

Education and Inspections Bill
Schedule 13 — Interaction with other authorities
219

Co-operation
6
The Chief Inspector must co-operate with—
(a)
the inspection authorities, and
(b)
any other public authority specified by order made by the Secretary
of State,
5

where it is appropriate to do so for the efficient and effective exercise of his
functions.
Joint action
7
The Chief Inspector may act jointly with another public authority where it is
appropriate to do so for the efficient and effective exercise of his functions.
10
Advice or assistance for other public authorities
8     (1)
The Chief Inspector may, if he thinks it appropriate to do so, provide advice
or assistance to another public authority for the purpose of the exercise by
that authority of its functions.
      (2)
Advice or assistance under this paragraph may be provided on such terms
15
as the Chief Inspector thinks fit.
      (3)
In this paragraph the reference to another public authority includes a public
authority in the Channel Islands or the Isle of Man.
Inspections carried out under arrangements
9     (1)
The Chief Inspector may make arrangements with a public authority for the
20
carrying out by him—
(a)
in England or Wales, or
(b)
in Northern Ireland,

of inspections of any institution or matter which he is not required or
authorised to carry out by virtue of any other enactment.
25
      (2)
The Chief Inspector may make arrangements with a public authority or the
relevant overseas authority for the carrying out by him outside the United
Kingdom of inspections of any institution or matter.
      (3)
“The relevant overseas authority” means the authority in the jurisdiction
concerned that is responsible for the institution or other matter.
30
      (4)
Inspections under this paragraph may be carried out on such terms as the
Chief Inspector thinks fit.
Charges
10
The Chief Inspector may, with the consent of the Secretary of State, enter into
arrangements for charges to be made—
35
(a)
for providing advice or assistance under paragraph 8; or
(b)
for carrying out inspections under paragraph 9.