SCHEDULES
SCHEDULE 26 Inspection of nursery education F53in Wales
Introductory
1
1
In this Schedule “relevant nursery education” means—
F46za
a
F48b
nursery education which is provided by any other person who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a); or
F48b
F52c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In this Schedule “nursery education under consideration for funding” means nursery education provided by a person F49to whom a F73local authorityF58in Wales are considering giving financial assistance and whose provision of nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a).F49with whom a F73local authorityF58in Wales are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements.
F503
Where—
a
any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b), and
b
that education is provided by a person—
i
who proposes to provide nursery education at those premises, and
ii
iii
whose provision of that nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a),
this Schedule shall apply in relation to the education for the time being provided for the children mentioned in paragraph (a) above as it applies in relation to nursery education under consideration for funding.
F503
Where—
a
any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b) (“the prescribed age”), and
b
that education is provided by a person—
i
who proposes to provide nursery education at those premises for children who have attained the prescribed age, and
the education is to be treated for the purposes of this Schedule as nursery education under consideration for funding even though it is provided for children who have not attained the prescribed age.
2
F101
In this Schedule—
F60a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
“the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and
F61c
“the Chief Inspector” (without more) means the Chief Inspector for Wales.
2
In this Schedule references to registered F11Welsh nursery education inspectors are to persons registered under paragraph 8.
F123
In this Schedule “members of the Welsh Inspectorate” means—
a
the Chief Inspector for Wales,
b
Her Majesty's Inspectors of Education and Training in Wales, and
c
additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.
F134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F625
In this Schedule, “well-being” in relation to children for whom nursery education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of the Children Act 2004.
General functions of the Chief Inspector
3
F751
The Chief Inspector has the general duty of keeping F63the Assembly informed about—
a
the quality and standards of relevant nursery education,
F14aa
how far relevant nursery education meets the needs of the range of children for whom it is provided,
ab
the quality of leadership and management in connection with the provision of relevant nursery education,
ac
the contribution of relevant nursery education to the well-being of the children for whom it is provided,F76...
F77ad
the development of children for whom relevant nursery education is provided, by reference to the four purposes of a curriculum for those children, and
b
the spiritual, moral, social and cultural development of children for whom relevant nursery education is provided.
F742
In sub-paragraph (1), the four purposes of a curriculum for the children mentioned in paragraph (ad) are those set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021.
4
5
The Chief Inspector may at any time give advice to F66the Assembly on any matter connected with—
a
relevant nursery education generally, or
b
relevant nursery education, or nursery education under consideration for funding, provided at particular premises.
F15...
Sch. 26 paras. 6A, 6B, 7 and cross-headings substituted for Sch. 26 paras. 6, 7 (1.8.2005 for E. for specified purposes, 3.10.2005 for E. so far as not already in force, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 12 (with s. 119); S.I. 2005/2034, arts. 2, 6; S.I. 2006/1338, art. 3, Sch. 1
F156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15Inspections in England
F676A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspections in Wales
6B
1
The Chief Inspector for Wales—
a
shall secure that relevant nursery education provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at such intervals as may be prescribed,
b
shall secure that relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any time when the National Assembly for Wales requires the Chief Inspector for Wales to secure its inspection, and
c
may secure that any relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any other time when the Chief Inspector for Wales considers that it would be appropriate for it to be inspected.
2
Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 28 of the Education Act 2005 (duty to arrange regular inspections of certain schools) applies.
3
The Chief Inspector for Wales may comply with sub-paragraph (1) either by organising inspections or by making arrangements with others for them to organise inspections.
4
A requirement such as is mentioned in sub-paragraph (1)(b) may relate to nursery education provided at particular premises or a class of premises.
F15Reports of inspections under paragraph F54... 6B
Words in Sch. 26 para. 7 cross-heading repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(11)(b), Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with Sch. 1)
7
A person conducting an inspection under paragraph F68... 6B shall report on—
a
the quality and standards of the nursery education provided,
b
how far that nursery education meets the needs of the range of children for whom the education is provided,
c
the quality of leadership and management in connection with the provision of the nursery education,
d
the contribution made by that nursery education to the well-being of those children, and
e
so far as it is reasonably practicable to do so, the spiritual, moral, social and cultural development of the children for whom the nursery education is provided.
Registration of nursery education inspectors F16for Wales
Words in Sch. 26 para. 8 heading inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 13 (with s. 119); S.I. 2005/2034, art. 6
8
1
C12
The Chief Inspector F9for Wales—
a
b
shall keep under review the system of inspections under paragraph F186B and, in particular, the standard of such inspections and of the reports made of them.
C13
The Chief Inspector F9for Wales shall not register a person under this paragraph unless, having regard to any conditions that he proposes to impose under sub-paragraph F2(5B), it appears to him that the person—
a
is a fit and proper person for discharging the functions of a registered F20Welsh nursery education inspector, and
b
will be capable of conducting inspections under paragraph F216B competently and effectively and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this sub-paragraph.
C1F34
Subject to that, the Chief Inspector F9for Wales shall register such persons as he considers appropriate.
C15
5A
The Chief Inspector F9for Wales may require payment of a fee before registering a person under sub-paragraph (4).
5B
Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector F9for Wales considers it appropriate to impose.
C16
Conditions imposed under sub-paragraph F4(5B) 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.
C17
C18
The period for which any registration is to have effect shall be determined by the Chief Inspector F9for Wales and shall be entered in the register kept by him.
C1F79
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
C21
If the Chief Inspector F24for Wales is satisfied that any of the conditions mentioned in sub-paragraph (2) is satisfied with respect to a nursery education inspector registered in his register, he may remove the name of that inspector from that register.
C22
The conditions are that—
a
b
he is no longer capable of conducting inspections under that paragraph competently and effectively,
c
there has been a significant failure on his part to comply with any condition imposed under F5paragraph 8(5B) subject to which his registration has effect,
d
he has, without reasonable explanation, produced a report of an inspection under paragraph F276B which is, in whole or in part, seriously misleading.
C23
The Chief Inspector F28for Wales may vary any condition subject to which the registration of an inspector has effect, or vary the registration of an inspector by imposing a condition subject to which it will have effect, if he is satisfied—
a
that he is authorised by sub-paragraph (1) to remove the name of the inspector from his register, or
b
that it would otherwise be in the public interest for him to do so.
C24
References in this Schedule to a condition imposed under F6paragraph 8(5B) include a condition imposed under sub-paragraph (3).
F295
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C310
1
Any person who is aggrieved by—
a
the refusal of the Chief Inspector F30for Wales to renew his registration under paragraph 8,
b
the imposition or variation of any condition subject to which he is registered under that paragraph, or
c
the removal of his name from the register under paragraph 9,
may appeal against the Chief Inspector’s decision.
F311A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F322
An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.
3
No decision against which an appeal may be made under sub-paragraph (1) shall have effect until—
a
any appeal against it which is duly made is disposed of, or
b
the period within which an appeal may be made expires without an appeal being made.
4
Sub-paragraph (3) shall not apply where the Chief Inspector F33for Wales—
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
On determining any appeal under this paragraph, the tribunal may—
a
confirm, reverse or vary the decision appealed against, or
b
remit the case to the Chief Inspector F33for Wales with directions as to the action to be taken by him.
F34Training of registered Welsh nursery education inspectors
Sch. 26 para. 11 heading substituted (3.10.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 17 (with s. 119); S.I. 2005/2034, art. 6; S.I. 2006/1338, art. 3, Sch. 1
C411
1
A registered F35Welsh nursery education inspector shall not conduct an inspection under paragraph 6 unless he has, in the opinion of the Chief Inspector F36for Wales, satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector F36for Wales.
2
Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector F37for Wales.
3
Where the Chief Inspector F38for Wales provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.
Impartiality
12
A person shall not undertake an inspection under paragraph F396B of nursery education provided by a person at any premises, or accompany a person undertaking such an inspection, if he has, or has at any time had, any connection with—
a
the person by whom the education is provided (or, where it is provided by a body, any member of the body), or
b
any person employed by that person (whether or not at the premises),
of a kind which might reasonably be taken to raise doubts about his ability to act impartially.
F40 Reports of inspections
Sch. 26 paras. 13A, 13B and cross-heading substituted for Sch. 26 para. 13 (1.8.2005 for specified purposes, 3.10.2005 for E. except in relation to Sch. 26 para. 13B, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 20 (with s. 119); S.I. 2005/2034, arts. 2, 6; S.I. 2006/1338, art. 3, Sch. 1
13
1
Where a person has conducted an inspection under paragraph 6 he shall make his report in writing to the Chief Inspector within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector may consider necessary.
2
Once the report of an inspection has been made to the Chief Inspector under sub-paragraph (1) he shall without delay send a copy of it to such authorities and persons as may be prescribed.
3
Section 42A(2) and (3) of the M1School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2).
F40Reports of inspections: England
F6913A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports of inspections: Wales
13B
1
Where a person has conducted an inspection under paragraph 6B he shall make his report in writing to the Chief Inspector for Wales within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector for Wales may consider necessary.
2
Once the report of an inspection has been made to the Chief Inspector for Wales under sub-paragraph (1) he shall without delay send a copy to such authorities and persons as may be prescribed.
3
Regulations may require any prescribed person to whom a copy of the report is sent under subsection (2) to make a copy of the report available for inspection by prescribed persons.
4
Subsections (2) to (4) of section 29 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to Wales as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.
Annual reports of the Chief Inspector
F4114
F511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The annual report of the Chief Inspector for Wales required by subsection (1)(a) of section 21 of the Education Act 2005 to be made to the National Assembly for Wales shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by subsection (1)(b) of that section to make other reports to the Assembly includes a power to make reports which fall within the scope of his functions by virtue of this Schedule.
Reserve powers of the Chief Inspector
F815
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
F4317
Where an inspection in Wales is being conducted by a registered Welsh nursery education inspector under paragraph 6B, the Chief Inspector for Wales may arrange for the inspection to be monitored by one or more members of the Welsh Inspectorate.
Rights of entry
18
1
F44This paragraph applies to—
F71a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a member of the Inspectorate monitoring such an inspection under paragraph 17.
F44This paragraph applies to—
a
the Chief Inspector for England when conducting an inspection under paragraph 6A,
b
a registered Welsh nursery education inspector or member of the Welsh Inspectorate conducting an inspection under paragraph 6B, or
c
a member of the Welsh Inspectorate monitoring under paragraph 17 an inspection under paragraph 6B.
2
A person to whom this paragraph applies shall have at all reasonable times—
a
a right of entry to the premises at which the relevant nursery education concerned is provided; and
b
a right to inspect, and take copies of—
i
any records kept by the person providing that education, and
ii
any other documents containing information relating to the provision of that education,
which he requires for the purposes of conducting or (as the case may be) monitoring the inspection.
3
F45Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.
4
F45It shall be an offence wilfully to obstruct a member of the Inspectorate or a registered nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6.
F45It shall be an offence—
F72a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
intentionally to obstruct a member of the Welsh Inspectorate or a registered Welsh nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6B.
5
Any person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
6
In this paragraph “documents” and “records” each include information recorded in any form.
Words in Sch. 26 title inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(2); S.I. 2008/2261, art. 2 (with Sch. 1)