(1)The Chief Inspector for Wales shall have the general duty of keeping the Secretary of State informed about—
(a)the quality of the education provided by schools in Wales;
(b)the educational standards achieved in those schools;
[F1(c)the quality of the leadership in and management of those schools, including whether the financial resources made available to those schools are managed efficiently;]
(d)the spiritual, moral, social and cultural development of pupils at those schools.
(2)When asked to do so by the Secretary of State, the Chief Inspector for Wales shall—
(a)give advice to the Secretary of State on such matters as may be specified in the Secretary of State’s request;
(b)inspect and report on such school, or class of school, in Wales as may be so specified.
(3)The Chief Inspector for Wales shall, in addition, have the following specific duties—
(a)establishing and maintaining the register mentioned in section 7(2);
(b)giving guidance to inspectors registered in that register, and such other persons as he considers appropriate, in connection with inspections of schools in Wales under section 10 and the making of reports of such inspections;
(c)keeping under review the system of inspecting schools under that section (so far as it relates to schools in Wales) and, in particular, the standard of such inspections and of the reports made by registered inspectors;
(d)keeping under review the extent to which any requirement imposed by or under this Act, or any other enactment, on any registered inspector, local education authority, proprietor of a school or governing body in relation to inspections of schools in Wales is complied with;
(e)promoting efficiency in the conduct and reporting of inspections of schools in Wales by encouraging competition in the provision of services by registered inspectors.
(4)The Chief Inspector for Wales may at any time give advice to the Secretary of State on any matter connected with schools, or a particular school, in Wales.
(5)The Chief Inspector for Wales shall have such other functions in connection with schools in Wales, including functions with respect to the training of teachers for such schools, as may be assigned to him by the Secretary of State.
(6)In exercising his functions the Chief Inspector for Wales shall have regard to such aspects of government policy as the Secretary of State may direct.
(7)The Chief Inspector for Wales—
(a)shall make an annual report to the Secretary of State, who shall lay a copy of it before each House of Parliament;
(b)may make such other reports to the Secretary of State, with respect to matters which fall within the scope of his functions, as he considers appropriate; and
(c)may arrange for any report made by him under this subsection to be published in such manner as he considers appropriate.
[F2(8)For the purposes of the exercise of any function conferred by or under this section the Chief Inspector for Wales shall have at all reasonable times, in relation to any school in Wales—
(a)a right of entry to the premises of the school; 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 those purposes.
[F3(8A)For the purposes of the exercise of any function conferred by or under this section the Chief Inspector for Wales shall have at all reasonable times—
(a)a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by a school in Wales, any pupils who—
(i)are registered at the school, and
(ii)have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,
are provided with part of their education by any person (“the provider”);
(b)a right of entry to any premises of the provider used in connection with the provision by him of that education; and
(c)a right to inspect and take copies of—
(i)any records kept by the provider relating to the provision of that education, and
(ii)any other documents containing information so relating,
which the Chief Inspector requires for those purposes.]
(9)It shall be an offence wilfully to obstruct the Chief Inspector for Wales—
(a)in the exercise of his functions in relation to the inspection of a school for the purposes of subsection (2)(b); or
(b)in the exercise of any right under subsection (8) [F4or (8A)] for the purposes of the exercise of any other function.]
(10)A person guilty of an offence under subsection (9) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
[F5(11)This section does not apply in relation to 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.]
Textual Amendments
F1S. 5(1)(c) substituted (1.12.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 16 para. 2 (with ss. 210(8), 214(4)); S.I. 2003/2961, art. 4, Sch. Pt. I
F2S. 5(8)(9) substituted (1.9.1997) by 1997 c. 44, s. 42, Sch. 6 para. 3; S.I. 1997/1468, art. 2, Sch. 1 Pt. II
F3S. 5(8A) inserted (1.10.2002) by Education Act 2002 (c. 32), ss. 179(4), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
F4Words in s. 5(9)(b) inserted (1.10.2002) by Education Act 2002 (c. 32), ss. 179(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 20002/2439, {art. 3}, S.I. 2002/3185, art. 4, Sch. Pt. I
F5S. 5(11) inserted (28.7.2000 for specified purposes otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 65; S.I. 2001/1274, art. 2, Sch. Pt. I
Modifications etc. (not altering text)
C1S. 5(7)(a) modified (1.10.1998) by 1998 c. 31, s. 122, Sch. 26 para. 14 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I
S. 5(7)(a) modified (1.4.2001) by 2000 c. 21, s. 86(1); S.I. 2001/1274, art. 2, Sch. Pt. I
C2S. 5(7)(b) extended (1.10.1998) by 1998 c. 31, s. 122, Sch. 26 para. 14 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I