(1)No person shall conduct an inspection of any school in England under section 10(1) unless he is registered as an inspector in a register kept by the Chief Inspector for England for the purposes of this Part.
(2)No person shall conduct an inspection of any school in Wales under section 10(2) unless he is registered as an inspector in a register kept by the Chief Inspector for Wales for the purposes of this Part.
(3)The Chief Inspector shall not register a person under this section unless, having regard to any conditions that he proposes to impose under subsection (5)(c), it appears to him that that person—
(a)is a fit and proper person for discharging the functions of a registered inspector; and
(b)will be capable of conducting inspections under this Part competently and effectively.
[F1and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this subsection.]
(4)An application for registration under this section—
(a)shall be made in such manner, and be accompanied by such particulars, as the Chief Inspector may direct; and
(b)shall be accompanied by the prescribed fee.
(5)On an application duly made under this section the Chief Inspector may—
(a)register the applicant;
(b)refuse to register him; or
(c)register him subject to such conditions as the Chief Inspector considers it appropriate to impose.
(6)Conditions imposed under subsection (5)(c) may be conditions applying generally in relation to all cases, or particular classes of case, or such conditions together with specific conditions applying in the particular case.
(7)Where a person is registered subject to conditions imposed under subsection (5)(c), he shall be taken to be authorised to act as a registered inspector only so far as those conditions permit.
(8)The period for which any registration is to have effect shall be determined by the Chief Inspector and shall be entered in the register kept by him.
(9)Nothing in subsection (8) is to be taken as preventing a registered inspector from applying for a fresh registration to take effect immediately on the expiry of his current registration.
(10)Subsections (1) and (2) have effect subject to section 12.
Textual Amendments
F1Words in s. 7(3) added (1.10.1998) by 1998 c. 31, s. 135, Sch. 28 Pt. I para.2 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch.1 Pt. I
(1)If the Chief Inspector is satisfied that any of the conditions mentioned in subsection (2) is satisfied with respect to an inspector registered in his register, he may remove the name of that inspector from that register.
(2)The conditions are that—
(a)he is no longer a fit and proper person for discharging the functions of a registered inspector under this Part;
(b)he is no longer capable of conducting inspections under this Part competently and effectively;
(c)there has been a significant failure on his part to comply with any condition imposed under section 7(5)(c) and subject to which his registration has effect;
(d)he has [F2, without reasonable explanation,] produced a report of an inspection which is, in whole or in part, seriously misleading.
(3)If the Chief Inspector is satisfied—
(a)that he is authorised by subsection (2) to remove the name of an inspector from his register, or
(b)that it would otherwise be in the public interest to act under this subsection,
he may vary any condition subject to which the registration of that inspector has effect or vary that registration by imposing a condition subject to which it will have effect.
(4)Either Chief Inspector may, in exercising his functions under this section with respect to a registered inspector, have regard to any action taken by the other Chief Inspector with respect to that registered inspector.
Textual Amendments
F2Words in s. 8(2)(d) substituted (1.9.1997) by 1997 c. 44, s. 42, Sch. 6 para.4; S.I. 1997/1468, arts. 2,4, Sch. 1 Pt. II, Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. I)
(1)Any person who is aggrieved by—
(a)the refusal of the Chief Inspector to renew his registration under section 7,
(b)the imposition or variation of any condition subject to which he is registered under that section,
(c)the removal of his name from the relevant register under section 8,
may appeal against the Chief Inspector’s decision to a tribunal constituted in accordance with Schedule 2 to this Act.
(2)No such decision of the Chief Inspector shall have effect until—
(a)the disposal of any appeal against it which is duly made under this section; or
(b)the period within which an appeal may be made has expired without an appeal having been made.
(3)Subsection (2) shall not apply where the Chief Inspector—
(a)is satisfied that the circumstances of the case F3. . .justify the decision in question taking effect immediately, or earlier than would otherwise be the case; and
(b)notifies the person concerned to that effect.
(4)On determining any appeal under this section, the tribunal may—
(a)confirm, reverse or vary the decision appealed against; or
(b)remit the case to the Chief Inspector with directions as to the action to be taken by him.
(5)Schedule 2 to this Act makes further provision with respect to tribunals constituted to hear appeals under this section.
Textual Amendments
F3Words in s. 9(3)(a) omitted (1.10.1998) by virtue of 1998 c. 31, s. 135, Sch. 28 Pt. I para.3 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch.1 Pt. I