School Inspections Act 1996 (repealed)

Introductory E+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 [F1 community, foundation or voluntary or community or foundation special schools] [F2 or maintained nursery 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 [F3 voluntary 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

• [F4 “appropriate authority means in relation to a community, foundation or voluntary or community or foundation special school [F5 or a maintained nursery 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 [F6 paragraph (d), [F7 (e)],] (f) [F8 , (g) or (gg)] of section 10(3), the proprietor of the school; [F9 and ]

(b) [F10 in the case of a maintained nursery school F11 . . ., 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

F1 Words 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

F2 Words in s. 11(2) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 60(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F3 Words 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

F4 Definition 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

F5 Words in s. 11(4) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 60(3) (with ss. 210(8), 214(4) and (31.10.2005) (W.) The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913), regs. 1(1), 21); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F6 Words 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

F7 Word in s. 11(5)(a) repealed (1.9.2003 for E., 1.1.2004 for W. ) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4) and (W.) (19.11.2003) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (No.2) (Wales) Regulations 2003 (S.I. 2003/2959), regs. 1(1), 8(2)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

F8 Words 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

F9 Word in s. 11(5)(a) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 60(4)(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F10 S. 11(5)(b) repealed (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 60(4)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4) and (W.) (19.11.2003) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (No.2) (Wales) Regulations 2003 (S.I. 2003/2959), regs. 1(1), 8(2))); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F11 Words 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

[F12 (1) In any case where, by virtue of section 10, an inspection of a school is required to be carried out by a registered inspector, the Chief Inspector may, if he considers it expedient to do so, secure that the school is instead 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.

Textual Amendments

F12 S. 12(1) substituted (19.12.2002 for W., 1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 16 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 4