Education and Inspections Act 2006

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 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.

(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 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 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 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).

(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 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 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.