IntroductoryE+W
11 Application of provisions of Chapter II.E+W
(1)Except as is otherwise provided in section 15, sections 13 to 15, in their application to—
(a)inspections under section 2(2)(b), 3(1), 5(2)(b) or 6(1) by a member of the Inspectorate, or
(b)inspections under section 10,
apply irrespective of the nature of the schools inspected.
(2)Except as is otherwise provided in section 18, sections 16 to 19, in their application to such inspections, apply with respect to [F1community, foundation or voluntary or community or foundation special schools.]
(3)Sections 20 to 22, in their application to such inspections, apply with respect to schools not falling within subsection (2) above.
(4)In this Chapter, in its application to an inspection of a school falling within subsection (2)—
“appropriate appointing authority means, in relation to any [F2voluntary aided]school—
(a)the appropriate diocesan authority, if it is a Church of England school, Church in Wales school or Roman Catholic Church school, and
(b)in any other case, the person who appoints the foundation governors; and
[F3“appropriate authority means in relation to a community, foundation or voluntary or community or foundation special school, the school’s governing body or, if the school does not have a delegated budget within the meaning of section 49 of the School Standards and Framework Act 1998, the local education authority.]
(5)In this Chapter, in its application to an inspection of a school falling within subsection (3), “appropriate authority means—
(a)in the case of a school falling within [F4paragraph (d), (e),](f) [F5, (g) or (gg)] of section 10(3), the proprietor of the school;
(b)in the case of a maintained nursery school [F6. . .], the local education authority; and
(c)in any other case, the school’s governing body.
(6)In this Chapter “section 10 inspection means an inspection under section 10.
Textual Amendments
F1Words in s. 11(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 192(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. art. 2(1), Sch. 1
F2Words in definition of “appropriate appointing authority in s. 11(4) substituted (1.9.1999) by virtue of 1998 c. 31, s. 140(1), Sch. 30 para. 192(3)(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F3Definition of “appropriate authority in s. 11(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 192(3)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F4Words in s. 11(5)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 192(4)(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F5Words in s. 11(5)(a) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65, 216(4), Sch. 7 Pt. II para. 7(3)(with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2
F6Words in s. 11(5)(b) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 192(4)(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1
12 Inspections by members of the Inspectorate.E+W
(1)Where an inspection of a school is required under section 10 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.
(2)Where such an inspection is conducted by a member of the Inspectorate by virtue of this section, the following provisions, namely—
(a)section 10(1), (2) and (5) and Schedule 3, and
(b)section 13(1),
shall (unless the context otherwise requires) have effect in relation to the inspection as if the member of the Inspectorate were a registered inspector.
(3)If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 5(2)(b) or 6(1), that inspection shall be treated for the purposes of the relevant provisions—
(a)as if it were an inspection under section 10, and
(b)in the case of sections 10(1) and (2) and 13(1), as if the member of the Inspectorate were a registered inspector.
(4)In subsection (3) “the relevant provisions means sections 10(1) and (2), 13(1) and 14 and—
(a)(in the case of an inspection of a school falling within section 11(2)) sections 16 to 19; and
(b)(in the case of an inspection of a school falling within section 11(3)) sections 20 to 22.