Education (Schools) Act 1992

SCHEDULES

Sections 1(6) and 5(6).

SCHEDULE 1 U.K. Her Majesty’s Chief Inspectors

The Chief Inspectors’ other staff E+W

1 E+W The Chief Inspector may, with the approval of the Treasury as to numbers and terms and conditions of service, appoint such staff, in addition to Inspectors who are members of his staff by virtue of section 1(3) or (as the case may be) 5(3), as he thinks fit.

Commencement Information

I1 Sch. 1 para. 1 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Additional inspectors E+W

2 (1) The Chief Inspector may arrange for such persons as he thinks fit to assist him in the discharge of any of his functions in relation to a particular case or class of case. E+W

(2) Any person assisting the Chief Inspector under any such arrangements shall be known as an additional inspector.

(3) Any arrangements which provide for assistance by persons who are not members of the Chief Inspector’s staff shall be made on terms agreed by him with the Treasury.

(4) An additional inspector acting within the authority conferred on him by the Chief Inspector shall have all the powers of an Inspector.

Commencement Information

I2 Sch. 1 para. 2 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Remuneration, pensions etc. E+W

3 (1) There shall be paid to the Chief Inspector such remuneration, and such travelling and other allowances, as the Secretary of State may determine. E+W

(2) In the case of any such Chief Inspector as may be determined by the Secretary of State, there shall be paid such pension, allowance or gratuity to or in respect of him, or such contributions or payments towards provision for such a pension, allowance or gratuity, as may be so determined.

(3) If, when any person ceases to hold office as Chief Inspector, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him such sum by way of compensation as may be determined by the Secretary of State.

(4) The approval of the Treasury shall be required for the making of a determination under this paragraph.

(5) Any determination made under this paragraph with respect to one Chief Inspector may be different to any corresponding determination made with respect to the other Chief Inspector.

Modifications etc. (not altering text)

C1 Sch. 1, para. 3; certain functions of the Treasury transferred (1.4.1995) to the Minister for the Civil Service by S.I. 1995/269 art. 3, Sch. para.19

Commencement Information

I3 Sch. 1 para. 3 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Expenses of the Chief Inspector and his staff E+W

4 E+W There shall be paid out of money provided by Parliament—

(a) the remuneration of, and any travelling or other allowances payable under this Act to, the Chief Inspector and any staff of his;

(b) any sums payable under this Act to or in respect of the Chief Inspector; and

(c) any expenses duly incurred by the Chief Inspector or by any of his staff in consequence of the provisions of this Act.

Commencement Information

I4 Sch. 1 para. 4 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Official seal E+W

5 E+W The Chief Inspector shall have an official seal for the authentication of documents required for the purposes of his functions.

Commencement Information

I5 Sch. 1 para. 5 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Performance of functions E+W

6 (1) Anything authorised or required by or under this Act or any other enactment to be done by the Chief Inspector for England may be done by— E+W

(a) any of Her Majesty’s Inspectors of Schools in England,

(b) any other member of his staff, or

(c) any additional inspector,

who is authorised generally or specially in that behalf by the Chief Inspector for England.

(2) Anything authorised or required by or under this Act or any other enactment to be done by the Chief Inspector for Wales may be done by—

(a) any of Her Majesty’s Inspectors of Schools in Wales,

(b) any other member of his staff, or

(c) any additional inspector,

who is authorised generally or specially in that behalf by the Chief Inspector for Wales.

Commencement Information

I6 Sch. 1 para. 6 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Documentary evidence U.K.

7 U.K. The M1 Documentary Evidence Act 1868 shall have effect, in relation to the Chief Inspector for England and in relation to the Chief Inspector for Wales, as if—

(a) he were included in the first column of the Schedule to that Act;

(b) he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and

(c) the regulations referred to in that Act included any document issued by him or by any such person.

Commencement Information

I7 Sch. 1 para. 7: Sch. 1 not in force at Royal Assent see s. 21(3); by S.I. 1992/1157, art. 2, Sch. it is provided that Sch. 1 shall come into force on 31.8.1992; by S.I. 1993/1190, art. 3 it is provided that Sch. 1 paras. 7-9 shall come into force (so far as they are not already in force) on 1.5.1993.

Marginal Citations

M1 1868 c. 37.

The Parliamentary Commissioner U.K.

8 U.K. In the M2 Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entries shall be inserted at the appropriate places—

“Office of her Majesty’s Chief Inspector of Schools In England.”

“Office of her Majesty’s Chief Inspector of Schools In Wales”

Commencement Information

I8 Sch. 1 para. 8: Sch. 1 not in force at Royal Assent see s. 21(3); by S.I. 1992/1157, art. 2, Sch. it is provided that Sch. 1 shall come into force on 31.8.1992; by S.I. 1993/1190, art. 3 it is provided that Sch. 1 paras. 7-9 shall come into force (so far as they are not already in force) on 1.5.1993.

Marginal Citations

M2 1967 c. 13.

Disqualification U.K.

9 (1) In Part III of Schedule 1 to the M3 House of Commons Disqualification Act 1975 (disqualifying offices) the following entries shall be inserted at the appropriate places— U.K.

“Office of her Majesty’s Chief Inspector of Schools In England.”

“Office of her Majesty’s Chief Inspector of Schools In Wales”

(2) The same entries shall be inserted at the appropriate places in Part III of Schedule 1 to the M4 Northern Ireland Assembly Disqualification Act 1975.

Commencement Information

I9 Sch. 1 para. 9: Sch. 1 not in force at Royal Assent see s. 21(3); by S.I. 1992/1157, art. 2, Sch. it is provided that Sch. 1 shall come into force on 31.8.1992; by S.I. 1993/1190, art. 3 it is provided that Sch. 1 paras. 7-9 shall come into force (so far as they are not already in force) on 1.5.1993.

Marginal Citations

M3 1975 c. 24.

M4 1975 c. 25.

Sections 9(7) and 13(9).

SCHEDULE 2 E+W School Inspections

Part I E+W Inspections Under Section 9

1 E+W In this Part of this Schedule—

• “appropriate authority” means—

  (a)

  in the case of a maintained school (other than a grant-maintained school) whose governing body does not have a delegated budget, the local education authority for that school;

  (b)

  in the case of a school falling within paragraph (e), (f) or (g) of section 9(3), the proprietor of the school;

  (c)

  in any other case, the school’s governing body;

• [F1 “inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),

• “member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and

• “section 9 inspection” means an inspection under section 9,

and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education.]

Textual Amendments

F1 Words in Sch. 2 para. 1 substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) by 1993 c. 35, s. 307(1), Sch. 19 para. 173(3); S.I. 1993/1975, art. 4(2)(3).

Selection of registered inspectors E+W

2 Before entering into any arrangement for an inspection, the Chief Inspector shall, after consulting the appropriate authority for the school concerned as to the tender specification, invite tenders from at least two registered inspectors who can reasonably be expected—

(a) to wish to tender for the proposed inspection; and

(b) to tender at arm’s length from each other.

Inspection teams E+W

3 (1) Every inspection shall be conducted by a registered inspector with the assistance of a team (an “inspection team”) consisting of persons who are fit and proper persons for carrying out the inspection.

(2) It shall be the duty of the registered inspector to ensure that—

(a) at least one member of the inspection team is a person—

(i) without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity); and

(ii) whose primary function on the team is not that of providing financial or business expertise; and

(b) no member of the inspection team falls within a category of person prescribed for the purposes of this sub-paragraph.

(3) Otherwise, the composition of the inspection team shall be determined by the registered inspector, subject to his complying with any condition imposed under section 10(5)(c).

(4) Any experience of a kind mentioned in sub-paragraph (2)(a) which it is reasonable to regard as insignificant, having regard to the purposes of sub-paragraph (2), may be ignored by the registered inspector.

(5) It shall be the duty of the registered inspector to ensure that no person takes any part in an inspection if he has, or has at any time had, any connection with—

(a) the school in question,

(b) any person who is employed at the school,

(c) any person who is a member of the school’s governing body, or

(d) the proprietor of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that school.

Training for inspections E+W

4 (1) No person shall conduct an inspection of a school in England, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for England, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.

(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 for England.

(3) Where the Chief Inspector for England 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.

Commencement Information

I10 Sch. 2, para. 4 wholly in force at 31.8.1992 see s. 21(3) and S.I.1992/1157, art.2, Sch.

5 (1) No person shall conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for Wales, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.

(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 for Wales.

(3) Where the Chief Inspector for 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.

Commencement Information

I11 Sch.2, para. 5 wholly in force at 31.8.1992 see s. 21(3) and S.I.1992/1157, art. 2, Sch.

Meeting with parents E+W

6 Where an inspection is arranged, the appropriate authority for the school concerned shall—

(a) take such steps as are reasonably practicable to notify—

(i) the parents of registered pupils at the school, and

(ii) such other persons as may be prescribed,

of the time when the inspection is to take place; and

(b) arrange a meeting, in accordance with such provisions as may be prescribed, between the inspector conducting the inspection and those parents of registered pupils at the school who wish to attend.

Rights of entry etc. E+W

7 A registered inspector conducting an inspection, and the members of his inspection team, shall have at all reasonable times—

(a) a right of entry to the premises of the school concerned; and

(b) a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for the purposes of the inspection.

Offence of obstructing inspector or inspection team E+W

8 (1) It shall be an offence wilfully to obstruct— E+W

(a) a registered inspector, or

(b) a member of an inspection team,

in the exercise of his functions in relation to the inspection of a school.

(2) Any person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level four on the standard scale.

Inspectors’ reports E+W

[F2 F3 9 (1) Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report. E+W

(2) Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.

(3) If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.

(4) The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector’s opinion.

(5) Where—

(a) the Chief Inspector informs the inspector that he disagrees with the inspector’s opinion, but

(b) the inspector remains of the opinion that special measures are required to be taken in relation to the school,

the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.

(6) Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.

(7) A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school shall—

(a) state his opinion, and

(b) state whether the Chief Inspector agrees or disagrees with his opinion.

(8) If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the person making the report shall state his opinion in the report.]

Textual Amendments

F2 Sch. 2 paras. 9-12 shall cease to have effect in relation to county, voluntary, maintained special, grant maintained and grant maintained special schools (1.9.1993) by virtue of 1993 c. 35, s. 204(4); S.I. 1993/1975, art.7.

F3 Sch. 2 paras. 9-9C substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) for para. 9 by 1993 c. 35, s. 307(1), Sch. 19 para. 173(5); S.I. 1993/1975, art. 4(2)(3).

F4 9A (1) Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall— E+W

(a) prepare in writing a report of the inspection and a summary of the report, and

(b) state his opinion in the report.

(2) If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

(3) A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.

(4) If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall state his opinion in the report.

Textual Amendments

F4 Sch. 2 paras. 9-9C substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) for para. 9 by 1993 c. 35, s. 307(1), Sch. 19 para. 173(5); S.I. 1993/1975, art. 4(2)(3).

[F5 9B (1) The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2). E+W

(2) The time, and the period, allowed shall be such as may be prescribed, subject to any such extension of the period as the Chief Inspector may consider necessary to make; but the total period allowed must not exceed the prescribed period extended by three months.

(3) The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to—

(a) the inspector,

(b) the appropriate authority, and

(c) the Secretary of State, except in the case of a maintained nursery school.

(4) This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.]

Textual Amendments

F5 Sch. 2 paras. 9-9C substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) for para. 9 by 1993 c. 35, s. 307(1), Sch. 19 para. 173(5); S.I. 1993/1975, art. 4(2)(3).

F6 9C (1) In the case of a report of a section 9 inspection of a school, the person making it shall without delay— E+W

(a) send a copy of the report together with the summary of it to the appropriate authority for the school, and

(b) if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.

(2) In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.

(3) In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).

(4) In the case of—

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,

(b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.

Textual Amendments

F6 Sch. 2 paras. 9-9C substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) for para. 9 by 1993 c. 35, s. 307(1) Sch. 19 para. 173(5); S.I. 1993/1975, art. 4(2)(3).

Modifications etc. (not altering text)

C2 Sch. 2 para. 9C(4) modified (1.8.1993) by S.I. 1993/1975, art. 5(1)

Inspectors’ reports E+W

[F2 F3 9 (1) Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report. E+W

(2) Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.

(3) If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.

(4) The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector’s opinion.

(5) Where—

(a) the Chief Inspector informs the inspector that he disagrees with the inspector’s opinion, but

(b) the inspector remains of the opinion that special measures are required to be taken in relation to the school,

the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.

(6) Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.

(7) A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school shall—

(a) state his opinion, and

(b) state whether the Chief Inspector agrees or disagrees with his opinion.

(8) If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the person making the report shall state his opinion in the report.]

Textual Amendments

F2 Sch. 2 paras. 9-12 shall cease to have effect in relation to county, voluntary, maintained special, grant maintained and grant maintained special schools (1.9.1993) by virtue of 1993 c. 35, s. 204(4); S.I. 1993/1975, art.7.

F3 Sch. 2 paras. 9-9C substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) for para. 9 by 1993 c. 35, s. 307(1), Sch. 19 para. 173(5); S.I. 1993/1975, art. 4(2)(3).

Action plans E+W

[F7 F8 10 (1) Where— E+W

(a) a report of a section 9 inspection of a school, or

(b) a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(2) It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—

(a) such period as may be prescribed, or

(b) if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3) Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a) to the Chief Inspector,

(b) to the Secretary of State, except in the case of a maintained nursery school, and

(c) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

(4) In the case of—

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,

(b) provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.]

Textual Amendments

F7 Sch. 2 paras. 9-12 shall cease to have effect in relation to county, voluntary, maintained special, grant maintained and grant maintained special schools (1.9.1993) by virtue of 1993 c. 35, s. 204(4); S.I. 1993/1975, art.7.

F8 Sch. 2 para. 10 substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) by 1993 c. 35, s. 307(1), Sch. 19 para. 173(6); S.I. 1993/1975, art. 4(2)(3).

Modifications etc. (not altering text)

C3 Sch. 2 para. 10(4) modified (1.8.1993) by 1993/1975, art. 5(1)

10 (1) The appropriate authority to whom an inspector has reported under this Part of this Schedule shall, before the end of the prescribed period, prepare a written statement (“the action plan”) of the action which they propose to take in the light of his report and the period within which they propose to take it.

(2) Where an action plan has been prepared by an appropriate authority they shall, before the end of the prescribed period, send copies of it to the Chief Inspector and—

(a) where the appropriate authority are the governing body of a maintained school (other than a grant-maintained school), to the local education authority,

(b) where the appropriate authority are the local education authority, to the governing body (if any), or

(c) in any other case, to the Secretary of State,

and to such other persons (if any), in such circumstances, as may be prescribed.

(3) In the case of—

(a) a voluntary school, or

(b) a grant-maintained school which was a voluntary school immediately before it became a grant-maintained school,

the appropriate authority shall also send a copy of the action plan to the person who appoints the school’s foundation governors.

(4) In addition—

(a) the governing body of a special school which is not maintained by a local education authority, and

(b) the proprietor of an independent school approved by the Secretary of State under section 11(3)(a) of the M8 Education Act 1981 (schools suitable for children for whom statements are maintained under section 7 of that Act),

shall, without delay, send a copy of any action plan prepared by the governing body or proprietor to any local education authority who are paying fees to the school concerned in respect of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any action plan prepared by them available for inspection by members of the public, at such times and at such a place as may be reasonable;

(b) provide a copy of the action plan, free of charge or in prescribed cases on payment of the prescribed fee, to any person who asks for one; and

(c) take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school receives a copy of the action plan as soon as is reasonably practicable.

(6) Where the governing body of a maintained school which is not a nursery school have prepared an action plan, they shall include in their governors’ report a statement of the extent to which the proposals set out in the action plan have been carried into effect.

(7) In sub-paragraph (6) “governors’ report” means—

(a) in the case of a grant-maintained school, the report referred to in section 58(5)(j) of the M9 Education Reform Act 1988; and

(b) in the case of any other kind of maintained school, the report referred to in section 30 of the M10 Education (No.2) Act 1986.

(8) Sub-paragraph (6) applies only in relation to the most recent action plan for the school in question.

Marginal Citations

M8 1981 c. 60.

M9 1988 c. 40.

M10 1986 c. 61.

Schools considered to be at risk E+W

F9 F10 11 [(1) This paragraph applies in circumstances where— E+W

(a) in a report of an inspection of a school the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c) a statement has been prepared under paragraph 10 or the period prescribed for the purposes of sub-paragraph (3) of that paragraph has expired, and

(d) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

(2) Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3) The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4) The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5) In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of sub-paragraph (4) above—

(a) states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b) states that, in the opinion of that person, special measures are not required to be taken in relation to the school,

the regulations may make provision corresponding to any of the provisions made by this Part of this Schedule.]

Textual Amendments

F9 Sch. 2 paras. 9-12 shall cease to have effect in relation to county, voluntary, maintained special, grant maintained and grant maintained special schools (1.9.1993) by virtue of 1993 c. 35, s. 204(4); S.I. 1993/1975, art.7.

F10 Sch. 2 para. 11 substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) by 1993 c. 35, s. 307(1), Sch. 19 para. 173(6); S.I. 1993/1975, art. 4(2)(3).

Reserve powers of the Chief Inspectors E+W

12 (1) Where an inspection of a school is required under section 9 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—

(a) if it is a school in England, by one of Her Majesty’s Inspectors of Schools in England; and

(b) if it is a school in Wales, by one of Her Majesty’s Inspectors of Schools in Wales.

(2) Where an inspection is conducted by an Inspector by virtue of this paragraph, the provisions of this Act shall have effect in relation to the inspection as if the Inspector were a registered inspector.

Part I E+W Inspections Under Section 9

Training for inspections E+W

4 (1) No person shall conduct an inspection of a school in England, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for England, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.

(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 for England.

(3) Where the Chief Inspector for England 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.

Commencement Information

I10 Sch. 2, para. 4 wholly in force at 31.8.1992 see s. 21(3) and S.I.1992/1157, art.2, Sch.

5 (1) No person shall conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for Wales, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.

(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 for Wales.

(3) Where the Chief Inspector for 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.

Commencement Information

I11 Sch.2, para. 5 wholly in force at 31.8.1992 see s. 21(3) and S.I.1992/1157, art. 2, Sch.

Part I E+W Inspections Under Section 9

1 E+W In this Part of this Schedule—

• “appropriate authority” means—

  (a)

  in the case of a maintained school (other than a grant-maintained school) whose governing body does not have a delegated budget, the local education authority for that school;

  (b)

  in the case of a school falling within paragraph (e), (f) or (g) of section 9(3), the proprietor of the school;

  (c)

  in any other case, the school’s governing body;

• [F1 “inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),

• “member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and

• “section 9 inspection” means an inspection under section 9,

and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education.]

Textual Amendments

F1 Words in Sch. 2 para. 1 substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) by 1993 c. 35, s. 307(1), Sch. 19 para. 173(3); S.I. 1993/1975, art. 4(2)(3).

Selection of registered inspectors E+W

2 Before entering into any arrangement for an inspection, the Chief Inspector shall, after consulting the appropriate authority for the school concerned as to the tender specification, invite tenders from at least two registered inspectors who can reasonably be expected—

(a) to wish to tender for the proposed inspection; and

(b) to tender at arm’s length from each other.

Inspection teams E+W

3 (1) Every inspection shall be conducted by a registered inspector with the assistance of a team (an “inspection team”) consisting of persons who are fit and proper persons for carrying out the inspection.

(2) It shall be the duty of the registered inspector to ensure that—

(a) at least one member of the inspection team is a person—

(i) without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity); and

(ii) whose primary function on the team is not that of providing financial or business expertise; and

(b) no member of the inspection team falls within a category of person prescribed for the purposes of this sub-paragraph.

(3) Otherwise, the composition of the inspection team shall be determined by the registered inspector, subject to his complying with any condition imposed under section 10(5)(c).

(4) Any experience of a kind mentioned in sub-paragraph (2)(a) which it is reasonable to regard as insignificant, having regard to the purposes of sub-paragraph (2), may be ignored by the registered inspector.

(5) It shall be the duty of the registered inspector to ensure that no person takes any part in an inspection if he has, or has at any time had, any connection with—

(a) the school in question,

(b) any person who is employed at the school,

(c) any person who is a member of the school’s governing body, or

(d) the proprietor of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that school.

Training for inspections E+W

4 (1) No person shall conduct an inspection of a school in England, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for England, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.

(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 for England.

(3) Where the Chief Inspector for England 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.

Commencement Information

I10 Sch. 2, para. 4 wholly in force at 31.8.1992 see s. 21(3) and S.I.1992/1157, art.2, Sch.

5 (1) No person shall conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for Wales, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.

(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 for Wales.

(3) Where the Chief Inspector for 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.

Commencement Information

I11 Sch.2, para. 5 wholly in force at 31.8.1992 see s. 21(3) and S.I.1992/1157, art. 2, Sch.

Part II E+W Inspections of Denominational Education

13 E+W In this Part of this Schedule—

• “inspection” means an inspection of a school under section 13; and

• “inspector” means the person conducting the inspection.

Inspectors’ reports E+W

14 (1) An inspection shall be carried out within such period as may be prescribed.

(2) When an inspection has been completed, the inspector shall, before the end of the prescribed period, prepare in writing a report of the inspection and a summary of the report.

(3) The inspector shall, without delay, send the report and summary to the governing body for the school concerned.

(4) The governing body shall—

(a) make any such report and its accompanying summary available for inspection by members of the public, at such times and at such a place as may be reasonable;

(b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of [F11 such fee as they think fit (not exceeding the cost of supply)], to any person who asks for one; and

(c) take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school for whom the school provides denominational education receives a copy of the summary as soon as is reasonably practicable.

Textual Amendments

F11 Words in Sch. 2 para. 14(4)(b) substituted (1.8.1993 for specified purposes and 1.10.1993 so far as not already in force) by 1993 c. 35, s. 307(1), Sch. 19 para. 173(8)(a); S.I. 1993/1975, art. 4(2)(4).

Additional action plans E+W

15 (1) The governing body to whom an inspector has reported under this Part of this Schedule shall, before the end of the prescribed period, prepare a written statement (“the additional action plan”) of the action which they propose to take in the light of his report and the period within which they propose to take it.

(2) Where an additional action plan has been prepared by a governing body, they shall, before the end of the prescribed period, send copies of it to the person who appoints the school’s foundation governors and—

(a) in the case of a voluntary school, to the local education authority, or

(b) in the case of a grant-maintained school, to the Secretary of State,

and to such other persons (if any), in such circumstances, as may be prescribed.

(3) The governing body shall—

(a) make any additional action plan prepared by them available for inspection by members of the public, at such times and at such a place as may be reasonable;

(b) provide a copy of the plan, free of charge or in prescribed cases on payment of [F12 such fee as they think fit (not exceeding the cost of supply)], to any person who asks for one; and

(c) take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school for whom the school provides denominational education receives a copy of the plan as soon as is reasonably practicable.

(4) Where the governing body of a school have prepared an additional action plan, they shall include in their governors’ report a statement of the extent to which the proposals set out in the plan have been carried into effect.

(5) In sub-paragraph (4) “governors’ report” means—

(a) in the case of a voluntary school, the report referred to in section 30 of the M5 Education (No. 2) Act 1986; and

(b) in the case of a grant-maintained school, the report referred to in section 58(5)(j) of the M6 Education Reform Act 1988.

(6) Sub-paragraph (4) applies only in relation to the most recent additional action plan for the school in question.

Textual Amendments

F12 Words in Sch. 2 para. 15(3)(b) substituted (1.8.1993 for specified purposes and 1.10.1993 so far as not already in force) by 1993 c. 35, s. 307(1), Sch. 19 para. 173(9)(a); S.I. 1993/1975, art. 4(2)(4).

Marginal Citations

M5 1986 c. 61.

M6 1988 c. 40.

Sections 9(7) and 13(9).

SCHEDULE 2 E+W School Inspections

Part I E+W Inspections Under Section 9

1 E+W In this Part of this Schedule—

• “appropriate authority” means—

  (a)

  in the case of a maintained school (other than a grant-maintained school) whose governing body does not have a delegated budget, the local education authority for that school;

  (b)

  in the case of a school falling within paragraph (e), (f) or (g) of section 9(3), the proprietor of the school;

  (c)

  in any other case, the school’s governing body;

• [F1 “inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),

• “member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and

• “section 9 inspection” means an inspection under section 9,

and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education.]

Textual Amendments

F1 Words in Sch. 2 para. 1 substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) by 1993 c. 35, s. 307(1), Sch. 19 para. 173(3); S.I. 1993/1975, art. 4(2)(3).

Selection of registered inspectors E+W

2 Before entering into any arrangement for an inspection, the Chief Inspector shall, after consulting the appropriate authority for the school concerned as to the tender specification, invite tenders from at least two registered inspectors who can reasonably be expected—

(a) to wish to tender for the proposed inspection; and

(b) to tender at arm’s length from each other.

Inspection teams E+W

3 (1) Every inspection shall be conducted by a registered inspector with the assistance of a team (an “inspection team”) consisting of persons who are fit and proper persons for carrying out the inspection.

(2) It shall be the duty of the registered inspector to ensure that—

(a) at least one member of the inspection team is a person—

(i) without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity); and

(ii) whose primary function on the team is not that of providing financial or business expertise; and

(b) no member of the inspection team falls within a category of person prescribed for the purposes of this sub-paragraph.

(3) Otherwise, the composition of the inspection team shall be determined by the registered inspector, subject to his complying with any condition imposed under section 10(5)(c).

(4) Any experience of a kind mentioned in sub-paragraph (2)(a) which it is reasonable to regard as insignificant, having regard to the purposes of sub-paragraph (2), may be ignored by the registered inspector.

(5) It shall be the duty of the registered inspector to ensure that no person takes any part in an inspection if he has, or has at any time had, any connection with—

(a) the school in question,

(b) any person who is employed at the school,

(c) any person who is a member of the school’s governing body, or

(d) the proprietor of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that school.

Training for inspections E+W

4 (1) No person shall conduct an inspection of a school in England, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for England, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.

(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 for England.

(3) Where the Chief Inspector for England 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.

Commencement Information

I10 Sch. 2, para. 4 wholly in force at 31.8.1992 see s. 21(3) and S.I.1992/1157, art.2, Sch.

5 (1) No person shall conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has in the opinion of the Chief Inspector for Wales, satisfactorily completed a course of training provided by or complying with arrangements approved by that Chief Inspector.

(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 for Wales.

(3) Where the Chief Inspector for 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.

Commencement Information

I11 Sch.2, para. 5 wholly in force at 31.8.1992 see s. 21(3) and S.I.1992/1157, art. 2, Sch.

Meeting with parents E+W

6 Where an inspection is arranged, the appropriate authority for the school concerned shall—

(a) take such steps as are reasonably practicable to notify—

(i) the parents of registered pupils at the school, and

(ii) such other persons as may be prescribed,

of the time when the inspection is to take place; and

(b) arrange a meeting, in accordance with such provisions as may be prescribed, between the inspector conducting the inspection and those parents of registered pupils at the school who wish to attend.

Rights of entry etc. E+W

7 A registered inspector conducting an inspection, and the members of his inspection team, shall have at all reasonable times—

(a) a right of entry to the premises of the school concerned; and

(b) a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for the purposes of the inspection.

Offence of obstructing inspector or inspection team E+W

8 (1) It shall be an offence wilfully to obstruct— E+W

(a) a registered inspector, or

(b) a member of an inspection team,

in the exercise of his functions in relation to the inspection of a school.

(2) Any person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level four on the standard scale.

Inspectors’ reports E+W

[F2 F3 9 (1) Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report. E+W

(2) Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.

(3) If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.

(4) The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector’s opinion.

(5) Where—

(a) the Chief Inspector informs the inspector that he disagrees with the inspector’s opinion, but

(b) the inspector remains of the opinion that special measures are required to be taken in relation to the school,

the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.

(6) Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.

(7) A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school shall—

(a) state his opinion, and

(b) state whether the Chief Inspector agrees or disagrees with his opinion.

(8) If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the person making the report shall state his opinion in the report.]

Textual Amendments

F2 Sch. 2 paras. 9-12 shall cease to have effect in relation to county, voluntary, maintained special, grant maintained and grant maintained special schools (1.9.1993) by virtue of 1993 c. 35, s. 204(4); S.I. 1993/1975, art.7.

F3 Sch. 2 paras. 9-9C substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) for para. 9 by 1993 c. 35, s. 307(1), Sch. 19 para. 173(5); S.I. 1993/1975, art. 4(2)(3).

F4 9A (1) Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall— E+W

(a) prepare in writing a report of the inspection and a summary of the report, and

(b) state his opinion in the report.

(2) If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

(3) A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.

(4) If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall state his opinion in the report.

Textual Amendments

F4 Sch. 2 paras. 9-9C substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) for para. 9 by 1993 c. 35, s. 307(1), Sch. 19 para. 173(5); S.I. 1993/1975, art. 4(2)(3).

[F5 9B (1) The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2). E+W

(2) The time, and the period, allowed shall be such as may be prescribed, subject to any such extension of the period as the Chief Inspector may consider necessary to make; but the total period allowed must not exceed the prescribed period extended by three months.

(3) The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to—

(a) the inspector,

(b) the appropriate authority, and

(c) the Secretary of State, except in the case of a maintained nursery school.

(4) This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.]

Textual Amendments

F5 Sch. 2 paras. 9-9C substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) for para. 9 by 1993 c. 35, s. 307(1), Sch. 19 para. 173(5); S.I. 1993/1975, art. 4(2)(3).

F6 9C (1) In the case of a report of a section 9 inspection of a school, the person making it shall without delay— E+W

(a) send a copy of the report together with the summary of it to the appropriate authority for the school, and

(b) if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.

(2) In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.

(3) In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).

(4) In the case of—

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,

(b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.

Textual Amendments

F6 Sch. 2 paras. 9-9C substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) for para. 9 by 1993 c. 35, s. 307(1) Sch. 19 para. 173(5); S.I. 1993/1975, art. 4(2)(3).

Modifications etc. (not altering text)

C2 Sch. 2 para. 9C(4) modified (1.8.1993) by S.I. 1993/1975, art. 5(1)

Action plans E+W

[F7 F8 10 (1) Where— E+W

(a) a report of a section 9 inspection of a school, or

(b) a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(2) It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—

(a) such period as may be prescribed, or

(b) if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3) Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a) to the Chief Inspector,

(b) to the Secretary of State, except in the case of a maintained nursery school, and

(c) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

(4) In the case of—

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,

(b) provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.]

Textual Amendments

F7 Sch. 2 paras. 9-12 shall cease to have effect in relation to county, voluntary, maintained special, grant maintained and grant maintained special schools (1.9.1993) by virtue of 1993 c. 35, s. 204(4); S.I. 1993/1975, art.7.

F8 Sch. 2 para. 10 substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) by 1993 c. 35, s. 307(1), Sch. 19 para. 173(6); S.I. 1993/1975, art. 4(2)(3).

Modifications etc. (not altering text)

C3 Sch. 2 para. 10(4) modified (1.8.1993) by 1993/1975, art. 5(1)

Schools considered to be at risk E+W

F9 F10 11 [(1) This paragraph applies in circumstances where— E+W

(a) in a report of an inspection of a school the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c) a statement has been prepared under paragraph 10 or the period prescribed for the purposes of sub-paragraph (3) of that paragraph has expired, and

(d) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

(2) Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3) The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4) The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5) In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of sub-paragraph (4) above—

(a) states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b) states that, in the opinion of that person, special measures are not required to be taken in relation to the school,

the regulations may make provision corresponding to any of the provisions made by this Part of this Schedule.]

Textual Amendments

F9 Sch. 2 paras. 9-12 shall cease to have effect in relation to county, voluntary, maintained special, grant maintained and grant maintained special schools (1.9.1993) by virtue of 1993 c. 35, s. 204(4); S.I. 1993/1975, art.7.

F10 Sch. 2 para. 11 substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) by 1993 c. 35, s. 307(1), Sch. 19 para. 173(6); S.I. 1993/1975, art. 4(2)(3).

Reserve powers of the Chief Inspectors E+W

12 (1) Where an inspection of a school is required under section 9 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—

(a) if it is a school in England, by one of Her Majesty’s Inspectors of Schools in England; and

(b) if it is a school in Wales, by one of Her Majesty’s Inspectors of Schools in Wales.

(2) Where an inspection is conducted by an Inspector by virtue of this paragraph, the provisions of this Act shall have effect in relation to the inspection as if the Inspector were a registered inspector.

Section 12(5).

SCHEDULE 3 E+W Tribunals Hearing Appeals Under Section 12

Modifications etc. (not altering text)

C4 Sch. 3 restricted (31.3.1995) by 1993 c. 8, ss. 26(8)(h), 31(2), (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631 art. 2

Commencement Information

I12 Sch. 3 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Constitution of tribunals E+W

1 (1) A tribunal constituted to hear an appeal under section 12 (“a tribunal”) shall consist of—

(a) a Chairman appointed by the Lord Chancellor; and

(b) two other members appointed by the Secretary of State.

(2) To be qualified for appointment as Chairman of a tribunal, a person must have a 7 year general qualification (within the meaning of section 71 of the M7 Courts and Legal Services Act 1990).

Commencement Information

I13 Sch. 3 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Marginal Citations

M7 1990 c. 41.

Procedure of tribunals E+W

2 (1) The Secretary of State may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, tribunals. E+W

(2) The regulations may, in particular, make provision—

(a) as to the period within which, and manner in which, appeals must be brought;

(b) for the holding of hearings in private in prescribed circumstances;

(c) as to the persons who may appear on behalf of the parties;

(d) for enabling hearings to be conducted even though a member of the tribunal, other than the Chairman, is absent;

(e) as to the disclosure by the appellant, and others, of documents and the inspection of documents;

(f) requiring persons to attend the proceedings and give evidence;

(g) as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f);

(h) authorising the administration of oaths to witnesses;

(i) as to the withdrawal of appeals;

(j) as to costs and expenses incurred by any party to the proceedings; and

(k) authorising preliminary or incidental matters in relation to an appeal to be dealt with by the Chairman of the tribunal hearing that appeal.

Modifications etc. (not altering text)

C5 Sch. 3, para. 2 applied (1.9.1996) by 1996 c. 50 s. 5, Sch. 1, para. 10(2); S.I. 1996/2022, art.2

Commencement Information

I14 Sch. 3 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Staff E+W

3 (1) The Secretary of State may, with the consent of the Treasury, make such provision as he thinks fit for— E+W

(a) the allocation of staff for any tribunal;

(b) the remuneration of members of tribunals and the reimbursement of their expenses;

(c) defraying any reasonable expenses incurred by any tribunal.

(2) Any sums payable under any provision made by the Secretary of State under sub-paragraph (1) shall be paid out of money provided by Parliament.

Modifications etc. (not altering text)

C6 Sch. 3, para. 3(1) applied (1.9.1996) by 1996 c. 50, s. 5, Sch. 1, para. 10(2); S.I. 1996/2022, art. 2

Commencement Information

I15 Sch. 3 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Section 21(7).

SCHEDULE 4 U.K. Minor and Consequential Amendments

The Education Act 1944 (c. 31) E+W

Prospective

1 In section 77(1) of the Education Act 1944 (inspection of educational establishments)—

(a) the words “a school” shall be omitted; and

(b) for “which is not” there shall be substituted “ which is neither a school nor ”.

The Tribunals and Inquiries Act 1971 (c. 62) U.K.

F13 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 4, para. 2 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4, Pt.I (Note: Sch. 4 paras. 2, 3 were expressed to be brought into force on 1.5.1993 so far as not already in force by S.I. 1993/1190, art. 3.)

F14 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 4 para. 3 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4, Pt. I (Note: Sch. 4 paras. 2, 3 were expressed to be brought into force on 1.5.1993 so far as not already in force by S.I. 1993/1190, art. 3.)

The Education Act 1980 (c. 20) E+W

4 (1) In section 8 of the Education Act 1980 (information as to schools and admission arrangements), the following subsections shall be substituted for subsections (5) and (6)—

“(5) The governors of each school maintained by a local education authority—

(a) shall publish such information as respects that school as may be required by regulations made by the Secretary of State; and

(b) may publish such other information with respect to the school as they think fit.

(5A) For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.

(5B) Every local education authority shall publish such information as may be required by regulations made by the Secretary of State with respect to their policy and arrangements in respect of any matter relating to primary or secondary education in their area.

(6) A local education authority may, with the agreement of the governors of any school maintained by the authority, publish on behalf of the governors the particulars or information relating to the school which are referred to in subsection (2) or (5) above.”

(2) In section 9 of the Act of 1980 (nursery schools and special schools) in subsection (2), for “(5) and (7)” there shall be substituted “ (5) to (7) ”.

The Education (No. 2) Act 1986 (c. 61) E+W

5 In section 30 of the Education (No. 2) Act 1986 (governors’ annual report to parents in case of county, voluntary and maintained special schools), the following subsection shall be added at the end—

“(5) The Secretary of State may by order make such amendments of subsection (2) above as he considers expedient.”

Commencement Information

I16 Sch. 4, para. 5 wholly in force at 16.5.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

The Education Reform Act 1988 (c. 40) E+W

6 (1) Section 22 of the Education Reform Act 1988 (provision of information) shall be amended as follows.

(2) In subsection (2), the following shall be added at the end—

“; and

(d) the educational achievements of pupils at such categories of school as may be prescribed (including results of the kind mentioned in paragraph (c)).”

(3) In subsection (5), the following paragraphs shall be inserted after paragraph (a)—

“(aa) the pupil concerned;

(ab) in the case of a pupil who has transferred to a different school, the head teacher of that school;”.

(4) In subsection (5), in the words following paragraph (c)—

(a) after “governing body” there shall be inserted “ the head teacher ”; and

(b) the words “by that body or authority” shall be omitted.

Commencement Information

I17 Sch. 4, para. 6 wholly in force at 16.5.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

7 E+W In section 226 of the Act of 1988 (services for schools in other member States providing education for British children), in subsection (2)(b), for the words from “school” to the end of the paragraph there shall be substituted “ by, or under the direction of, one or more of Her Majesty’s Inspectors of Schools for England ”.

Commencement Information

I18 Sch. 4, para. 7 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Section 21(7).

SCHEDULE 4 U.K. Minor and Consequential Amendments

The Education Act 1944 (c. 31) E+W

Prospective

1 In section 77(1) of the Education Act 1944 (inspection of educational establishments)—

(a) the words “a school” shall be omitted; and

(b) for “which is not” there shall be substituted “ which is neither a school nor ”.

Section 21(7).

SCHEDULE 4 U.K. Minor and Consequential Amendments

The Education Act 1944 (c. 31) E+W

Prospective

1 In section 77(1) of the Education Act 1944 (inspection of educational establishments)—

(a) the words “a school” shall be omitted; and

(b) for “which is not” there shall be substituted “ which is neither a school nor ”.

The Education (No. 2) Act 1986 (c. 61) E+W

5 In section 30 of the Education (No. 2) Act 1986 (governors’ annual report to parents in case of county, voluntary and maintained special schools), the following subsection shall be added at the end—

“(5) The Secretary of State may by order make such amendments of subsection (2) above as he considers expedient.”

Commencement Information

I16 Sch. 4, para. 5 wholly in force at 16.5.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

The Education Reform Act 1988 (c. 40) E+W

6 (1) Section 22 of the Education Reform Act 1988 (provision of information) shall be amended as follows.

(2) In subsection (2), the following shall be added at the end—

“; and

(d) the educational achievements of pupils at such categories of school as may be prescribed (including results of the kind mentioned in paragraph (c)).”

(3) In subsection (5), the following paragraphs shall be inserted after paragraph (a)—

“(aa) the pupil concerned;

(ab) in the case of a pupil who has transferred to a different school, the head teacher of that school;”.

(4) In subsection (5), in the words following paragraph (c)—

(a) after “governing body” there shall be inserted “ the head teacher ”; and

(b) the words “by that body or authority” shall be omitted.

Commencement Information

I17 Sch. 4, para. 6 wholly in force at 16.5.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

7 E+W In section 226 of the Act of 1988 (services for schools in other member States providing education for British children), in subsection (2)(b), for the words from “school” to the end of the paragraph there shall be substituted “ by, or under the direction of, one or more of Her Majesty’s Inspectors of Schools for England ”.

Commencement Information

I18 Sch. 4, para. 7 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Section 21(7).

SCHEDULE 4 U.K. Minor and Consequential Amendments

The Education Act 1944 (c. 31) E+W

Prospective

1 In section 77(1) of the Education Act 1944 (inspection of educational establishments)—

(a) the words “a school” shall be omitted; and

(b) for “which is not” there shall be substituted “ which is neither a school nor ”.

The Tribunals and Inquiries Act 1971 (c. 62) U.K.

F13 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 4, para. 2 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4, Pt.I (Note: Sch. 4 paras. 2, 3 were expressed to be brought into force on 1.5.1993 so far as not already in force by S.I. 1993/1190, art. 3.)

F14 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 4 para. 3 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4, Pt. I (Note: Sch. 4 paras. 2, 3 were expressed to be brought into force on 1.5.1993 so far as not already in force by S.I. 1993/1190, art. 3.)

The Education (No. 2) Act 1986 (c. 61) E+W

5 In section 30 of the Education (No. 2) Act 1986 (governors’ annual report to parents in case of county, voluntary and maintained special schools), the following subsection shall be added at the end—

“(5) The Secretary of State may by order make such amendments of subsection (2) above as he considers expedient.”

Commencement Information

I16 Sch. 4, para. 5 wholly in force at 16.5.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

The Education Reform Act 1988 (c. 40) E+W

6 (1) Section 22 of the Education Reform Act 1988 (provision of information) shall be amended as follows.

(2) In subsection (2), the following shall be added at the end—

“; and

(d) the educational achievements of pupils at such categories of school as may be prescribed (including results of the kind mentioned in paragraph (c)).”

(3) In subsection (5), the following paragraphs shall be inserted after paragraph (a)—

“(aa) the pupil concerned;

(ab) in the case of a pupil who has transferred to a different school, the head teacher of that school;”.

(4) In subsection (5), in the words following paragraph (c)—

(a) after “governing body” there shall be inserted “ the head teacher ”; and

(b) the words “by that body or authority” shall be omitted.

Commencement Information

I17 Sch. 4, para. 6 wholly in force at 16.5.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

7 E+W In section 226 of the Act of 1988 (services for schools in other member States providing education for British children), in subsection (2)(b), for the words from “school” to the end of the paragraph there shall be substituted “ by, or under the direction of, one or more of Her Majesty’s Inspectors of Schools for England ”.

Commencement Information

I18 Sch. 4, para. 7 wholly in force at 31.8.1992 see s. 21(3) and S.I. 1992/1157, art. 2, Sch.

Section 21(8).

SCHEDULE 5 E+W Repeals

Commencement Information

I19 Sch. 5 partly in force; Sch. 5 not in force at Royal Assent see s. 21(3); Sch. 5 in force in relation to specified repeals: at 16.5.1992 by S.I. 1992/1157, art. 2, Sch.; at 12.6.1993, 1.9.1993 and 1.9.1994 by S.I. 1993/1491, art. 3(2)

Chapter	Short title	Extent of repeal
7 & 8 Geo. 6. c. 31.	The Education Act 1944.	In section 77, in subsection (1), the words “a school”, and subsections (5) and (6).
1988 c. 40.	The Education Reform Act 1988.	In section 22, in subsection (2), the second “and” and in subsection (5) the words “by that body or authority”.In Schedule 1, paragraph 5.