Education (Scotland) Act 1980

[F1 66B Duty of Her Majesty’s Inspectors to make reference to Scottish Ministers S

(1) This section applies where, after an inspection under subsection (1) or (1AA) of section 66 of this Act of—

(a) a public school; or

(b) a grant-aided school,

Her Majesty’s Inspectors identify that a relevant person requires to take action to secure improvement in a matter relating to the school or the school education provided in it.

(2) If it appears to Her Majesty’s Inspectors that—

(a) having been given sufficient opportunity to secure improvement in a matter identified under subsection (1) above, the relevant person is failing or has failed to take satisfactory action to do so; and

(b) having regard to the seriousness of that failure, an enforcement direction is justified,

they shall make a reference to the Scottish Ministers.

(3) A reference under subsection (2) above shall—

(a) be in writing;

(b) specify the failure mentioned in subsection (2)(a) above; and

(c) include recommendations as to the action which, in the opinion of Her Majesty’s Inspectors, the relevant person requires to take to remedy or prevent the recurrence of that failure.

(4) Where Her Majesty’s Inspectors make a reference under subsection (2) above, they shall inform the relevant person of the making of that reference.

(5) In this section and in sections 66C and 66D of this Act, “relevant person” means—

(a) in relation to a public school, the education authority; and

(b) in relation to a grant-aided school, the managers of the school.]

Textual Amendments

F1 Ss. 66B-66D inserted (31.1.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), ss. 1, 9(2); S.S.I. 2005/10, art. 3(a)