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(1)It shall be the duty of the Chief Inspector for England to secure that every school in England to which this section applies is inspected, at such intervals as may be prescribed, by an inspector registered under section 7(1).
(2)It shall be the duty of the Chief Inspector for Wales to secure that every school in Wales to which this section applies is inspected, at such intervals as may be prescribed, by an inspector registered under section 7(2).
(3)Subject to subsection F1. . . [F2(4A)], the schools to which this section applies are—
[F3(a)community, foundation and voluntary schools;]
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(c)community and foundation special schools;]
[F6(d)special schools which are not community or foundation special schools but are for the time being approved by the Secretary of State under section 342 of the M1Education Act 1996 (approval of special schools);]
(e)[F7independent schools approved by the Secretary of State under section 347(1) of the M2Education Act 1996 (approval of independent schools as suitable for admitting children with statements);]
(f)city technology colleges;
(g)city colleges for the technology of the arts; [F8and]
(h)maintained nursery schools.
F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F12(4A)This section does not apply to any school—
(a)which is a closing school (as defined by subsection (4B)), and
(b)in respect of which the Chief Inspector has decided, having regard to the date on which the closure is to take effect, that no useful purpose would be served by the school being inspected under this section.
[F13(4B)In subsection (4A) a “closing school means—
(a)a community, foundation or voluntary or community or foundation special school [F14or maintained nursery school] in respect of which proposals to discontinue the school have been approved, adopted or determined under [F15any enactment] ;
(b)a foundation or voluntary school in respect of which the governing body have given notice of discontinuance under section 30 of that Act;
(c)a community, foundation or voluntary or community or foundation special school in respect of which the Secretary of State has given a direction to discontinue the school under section 19 or 32 of that Act;
(d)a city technology college [F16 , city college for the technology of the arts or [F17Academy]] in respect of which notice of termination of an agreement made under section 482 of the M3Education Act 1996 has been given;
(e)a special school which is not a community or foundation special school but which is for the time being approved by the Secretary of State under section 342 of the Education Act 1996 and which the proprietor has decided to close; or
(f)[F18an independent school falling within subsection (3)(e) which the proprietor has decided to close.]]]
(5)It shall be the general duty of any registered inspector conducting an inspection under this section to report on—
(a)the quality of the education provided by the school;
(b)the educational standards achieved in the school;
[F19(c)the quality of the leadership in and management of the school, including whether the financial resources made available to the school are managed efficiently;]
(d)the spiritual, moral, social and cultural development of pupils at the school.
(6)In prescribing the intervals mentioned in subsections (1) and (2) the Secretary of State may make provision as to the period within which the first inspection of a school under this section is to begin.
(7)Subsections (1) and (2) have effect subject to section 12.
(8)An inspection which is required under this section shall not extend to—
(a)denominational education
[F20(aa)education which is brought within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales by Part IV of the Learning and Skills Act 2000]
, or
(b)the content of collective worship which falls to be inspected under section 23.
(9)Schedule 3 to this Act makes further provision with respect to inspections under this section.
Textual Amendments
F1Words in s. 10(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 191(2)(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F2Words in s. 10(3) inserted (1.9.1997) by 1997 c. 44, s. 42, Sch. 6 para. 6(2); S.I. 1997/1468, art. 2, Sch. 1 Pt. II
F3S. 10(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 191(2)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F4S. 10(3)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 191(2)(c), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F5S. 10(3)(c) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 191(2)(d) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), SCh. 1
F6S. 10(3)(d) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 191(2)(e) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F7S. 10(3)(e) 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 (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
F8Word in s. 10(3)(g) repealed (28.7.2000 for specified purposes and otherwiseprosp.) by 2000 c. 21, ss. 153, 154, Sch. 11
F9S. 10(3)(gg) inserted (28.7.2000 for specified purposes and otherwiseprosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 67(2)
F10Words in s. 10(3)(gg) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65, 216(4), Sch. 7 Pt. 2 para. 7(2)(a)(with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2
F11S. 10(4) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 191(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F12S. 10(4A)(4B) inserted (1.9.1997) by 1997 c. 44, s. 42, Sch. 6 para. 6(3); S.I. 1997/1468, art. 2, Sch. 1 Pt. II
F13S. 10(4B) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 191(4) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F14Words in s. 10(4B)(a) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 59(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
F15Words in s. 10(4B)(a) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 59(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F16Words in s. 10(4B)(d) substituted (28.7.2000 for specified purposes otherwiseprosp.) by virtue of 2000 c. 21, ss. 149, 154, Sch. 9 para. 67(4)
F17Words in s. 10(4B)(d) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65, 216(4), Sch. 7 Pt. 2 para. 7(2)(b)(with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2
F18S. 10(4B)(f) 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 (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
F19S. 10(5)(c) substituted (1.9.2003 for E., 1.12.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 16 para. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 4, Sch, Pt. I
F20S. 10(8)(aa) inserted (28.7.2000 for specified purposes and 1.4.2001 (W.) otherwiseprosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 67(5); S.I. 2001/1274, art. 2(1), Sch. Pt. I
Modifications etc. (not altering text)
C1S. 10 applied (with modifications)(1.9.1997) by S.I. 1994/2103, Sch. 1 Pt. I para. 3A (as substituted (1.9.1997) by S.I. 1997/1966, reg. 1(2), Sch. Pt. II(a))
C2S. 10(3) savings for effects of 2002 c. 32, s. 215(2) Sch. 22 Pt. 3 (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)
C3S. 10(4B) savings for effects of 2002 c. 32, s. 215(2) Sch. 22 Pt. 3 (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)
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