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Version Superseded: 01/04/2007
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Teaching and Higher Education Act 1998, Section 35 is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies to relevant services provided in Wales in pursuance of arrangements made or directions given by the Secretary of State under section 10 of the M1Employment and Training Act 1973.
(2)The Chief Inspector shall, if requested to do so by the Secretary of State, arrange for any person providing, or arranging for the provision of, relevant services in accordance with such arrangements or directions to be inspected under this section.
(3)An inspection of any such person under this section shall consist of a review of the way in which he is discharging his responsibilities under or by virtue of the arrangements or directions in question, having regard to any guidance given by the Secretary of State with respect to the provision of relevant services.
(4)A request by the Secretary of State under this section may relate to one or more such persons, and shall specify both—
(a)the person or persons concerned, and
(b)the relevant services to which the inspection is to relate.
(5)Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (4).
[F2(6)Any inspection under this section shall be conducted by one or more of the following—
(a)any of Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, or
(b)any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996;
but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.
(6A)In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instruction or guidelines given from time to time by the National Assembly for Wales.
(6B)Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection and shall send the report to the National Assembly for Wales.
(6C)The National Assembly for Wales may arrange for any report of an inspection under this section to be published in such manner as the National Assembly for Wales considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the National Assembly for Wales as they apply to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2).]
(7)In this section— “the Chief Inspector” means [F3Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru]; “relevant services” has the same meaning as in sections 8 and 9 of the M2Employment and Training Act 1973 (provision of careers services).
Textual Amendments
F1s. 35: words in sidenote substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.
F2S. 35(6)-(6C) substituted for s. 35(6) (28.7.2000 for specified purposes and otherwise 1.4.2001 (W.) and 1.9.2001 (E.)) by 2000 c. 21, s. 149, Sch. 9 para. 77; S.I. 2001/654, art. 2, Sch. Pt. III; S.I. 2001/1274, art. 2(1), Sch. Pt. I
F3Words in s. 35(7) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.
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