Memorandum by the Department for Education and Employment
1997 (S.I. 1997/1966)
The Joint Committee asked the following questions:
"(1) Regulation 4(1)(a) prescribes a period during
which the Chief Inspector is to secure that certain primary and
secondary schools are inspected, and the period is expressed to
begin at a date, 1 September 1994, before these regulations come
into force. Explain the effect of imposing this duty in relation
to the period between 1 September 1994 and 1 September 1997 when
these regulations came into force.
(2) The same question as respects the requirement imposed
by regulation 12(1)(b) (denominational schools)."
Question (1): These Regulations consolidate the Eduation
(School Inspection) (No. 2) Regulations 1993 as amended. Regulation
4(1)(a) sets out the period during which the Chief Inspector must
secure that the first inspection of a school falling within that
regulation is to be carried out. As the Regulations are a consolidating
measure they repeat the whole of that period, including the period
prior to the date the Regulations came into force.
The Department does not consider that it is appropriate to
isolate a part of the prescribed period only. Rather, the Department
considers that it is clear that, to take regulation 4(1)(a)(i)
as an example, a school falling within that provision must be
inspected between 1 September 1994 and 1 August 1999 on one occasion.
It follows that such a school which was inspected between 1 September
1994 and 1 September 1997 falls subsequently to be inspected in
accordance with the full-out words to regulation 4(1)(a) and that
such a school which was not inspected between 1 September 1994
and 1 September 1997 must be inspected before 1 August 1999 (and
thereafter in accordance with the full-out words).
In the Department's view, therefore, the effect of including
a reference to the period before the Regulations come into force
is to make clear the Chief Inspector's duty.
Question (2): The Department responds in the same
way as to question (1).