- Latest available (Revised)
- Point in Time (01/11/2005)
- Original (As enacted)
Point in time view as at 01/11/2005.
School Standards and Framework Act 1998, SCHEDULE 26 is up to date with all changes known to be in force on or before 31 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 122.
Textual Amendments
F1Sch. 26 para. 8(4)-(5B) substituted (2.9.2002 for E., 1.9.2004 for W.) for Sch. 26 para. 8(4)(5) by Education Act 2002 (c. 32), s. 216(4), Sch. 14 para. 2(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2004/1728, art. 5, Sch. Pt. 2
1(1)In this Schedule “relevant nursery education” means—E+W
(a)nursery education which is provided by a local education authority;
(b)nursery education which is provided by any other person who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a); or
(c)[F2nursery education in respect of which grants are (or are to be) made under arrangements under section 1 of the M1Nursery Education and Grant-Maintained Schools Act 1996.]
(2)In this Schedule “nursery education under consideration for funding” means nursery education provided by a person to whom a local education authority are considering giving financial assistance and whose provision of nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a).
(3)Where—
(a)any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b), and
(b)that education is provided by a person—
(i)who proposes to provide nursery education at those premises, and
(ii)to whom a local education authority are considering giving financial assistance in the event of his providing that nursery education, and
(iii)whose provision of that nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a),
this Schedule shall apply in relation to the education for the time being provided for the children mentioned in paragraph (a) above as it applies in relation to nursery education under consideration for funding.
Textual Amendments
F2Sch. 26 para. 1(1)(c) repealed (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
Marginal Citations
2(1)[F3In this Schedule “the Chief Inspector” means—E+W
(a)as respects nursery education provided in England, Her Majesty’s Chief Inspector of Schools in England, and
(b)as respects nursery education provided in Wales, [F4Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru].]
[F3In this Schedule—
(a)“the Chief Inspector for England” means Her Majesty's Chief Inspector of Schools in England,
(b)“the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and
(c)“the Chief Inspector” (without more) means—
(i)as respects nursery education provided in England, the Chief Inspector for England, and
(ii)as respects nursery education provided in Wales, the Chief Inspector for Wales.]
(2)In this Schedule references to registered [F5Welsh] nursery education inspectors are to persons registered under paragraph 8.
(3)[F6In this Schedule “members of the Inspectorate” means—
(a)the Chief Inspector,
(b)Her Majesty’s Inspectors, and
(c)additional inspectors with whom the Chief Inspector has made arrangements to give him assistance under paragraph 2 of Schedule 1 to the M2School Inspections Act 1996.]
[F6In this Schedule “members of the Welsh Inspectorate” means—
(a)the Chief Inspector for Wales,
(b)Her Majesty's Inspectors of Education and Training in Wales, and
(c)additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.]
(4)[F7In sub-paragraph (3)(b) “Her Majesty’s Inspectors” means—
(a)as respects nursery education provided in England, Her Majesty’s Inspectors of Schools in England, and
(b)as respects nursery education provided in Wales, [F8Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru].]
[F9(5)In this Schedule “well-being”—
(a)in relation to children for whom nursery education is provided in England, is a reference to their well-being having regard to the matters mentioned in section 10(2) of the Children Act 2004, and
(b)in relation to children for whom such education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of that Act.]
Textual Amendments
F3Sch. 26 para. 2(1) substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 10(2) (with s. 119); S.I. 2005/2034, art. 6
F4Words in Sch. 26 para. 2(1)(b) substituted (W.) (1.1.2001) by 2000 c. 21, s. 73(3)(a); S.I. 2000/3230, art. 2, Sch.
F5Word in Sch. 26 para. 2(2) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 10(3) (with s. 119); S.I. 2005/2034, art. 6
F6Sch. 26 para. 2(3) substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 10(4) (with s. 119); S.I. 2005/2034, art. 6
F7Sch. 26 para. 2(4) repealed (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 10(5), Sch. 19 Pt. 1 (with s. 119); S.I. 2005/2034, art. 6
F8Words in Sch. 26 para. 2(4)(b) substituted (W.) (1.1.2001) by 2000 c. 21, s. 73(3)(b); S.I. 2000/3230, art. 2, Sch.
F9Sch. 26 para. 2(5) inserted (3.10.2005 for E. for specified purposes) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 10(6) (with s. 119); S.I. 2005/2034, art. 6
Marginal Citations
3E+WThe Chief Inspector has the general duty of keeping the Secretary of State informed about—
(a)the quality and standards of relevant nursery education,
[F10(aa)how far relevant nursery education meets the needs of the range of children for whom it is provided,
(ab)the quality of leadership and management in connection with the provision of relevant nursery education,
(ac)the contribution of relevant nursery education to the well-being of the children for whom it is provided,] and
(b)the spiritual, moral, social and cultural development of children for whom relevant nursery education is provided.
Textual Amendments
F10Sch. 26 para. 3(aa)-(ac) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 11 (with s. 119); S.I. 2005/2034, art. 6
4E+WWhen asked to do so by the Secretary of State, the Chief Inspector shall give advice to the Secretary of State on such matters relating to relevant nursery education as may be specified in the Secretary of State’s request.
5E+WThe Chief Inspector may at any time give advice to the Secretary of State on any matter connected with—
(a)relevant nursery education generally, or
(b)relevant nursery education, or nursery education under consideration for funding, provided at particular premises.
Textual Amendments
F11Sch. 26 paras. 6A, 6B, 7 and cross-headings substituted for Sch. 26 paras. 6, 7 (1.8.2005 for E. for specified purposes, 3.10.2005 for E. so far as not already in force, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 12 (with s. 119); S.I. 2005/2034, arts. 2, 6; S.I. 2006/1338, art. 3, Sch. 1
F116E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6A(1)The Chief Inspector for England—U.K.
(a)shall at such intervals as may be prescribed inspect relevant nursery education provided in England,
(b)shall inspect relevant nursery education, or nursery education under consideration for funding, provided in England, at any time when the Secretary of State requires the Chief Inspector for England to secure its inspection, and
(c)may inspect relevant nursery education, or nursery education under consideration for funding, provided in England, at any other time when the Chief Inspector for England considers that it would be appropriate for it to be inspected.
(2)Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 5 of the Education Act 2005 (inspections of certain schools) applies.
(3)A requirement such as is mentioned in sub-paragraph (1)(b) may be imposed in relation to nursery education provided at particular premises or a class of premises.
(4)Regulations may make provision requiring the responsible person to notify prescribed persons of the fact that relevant nursery education or nursery education under consideration for funding provided by the responsible person is to be inspected under this paragraph.
(5)In sub-paragraph (4) “the responsible person”, in relation to any relevant nursery education or nursery education under consideration for funding, means such person as may be prescribed.
6B(1)The Chief Inspector for Wales—U.K.
(a)shall secure that relevant nursery education provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at such intervals as may be prescribed,
(b)shall secure that relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any time when the National Assembly for Wales requires the Chief Inspector for Wales to secure its inspection, and
(c)may secure that any relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any other time when the Chief Inspector for Wales considers that it would be appropriate for it to be inspected.
(2)Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 28 of the Education Act 2005 (duty to arrange regular inspections of certain schools) applies.
(3)The Chief Inspector for Wales may comply with sub-paragraph (1) either by organising inspections or by making arrangements with others for them to organise inspections.
(4)A requirement such as is mentioned in sub-paragraph (1)(b) may relate to nursery education provided at particular premises or a class of premises.
7U.K.A person conducting an inspection under paragraph 6A or 6B shall report on—
(a)the quality and standards of the nursery education provided,
(b)how far that nursery education meets the needs of the range of children for whom the education is provided,
(c)the quality of leadership and management in connection with the provision of the nursery education,
(d)the contribution made by that nursery education to the well-being of those children, and
(e)so far as it is reasonably practicable to do so, the spiritual, moral, social and cultural development of the children for whom the nursery education is provided.]
Textual Amendments
F12Words in Sch. 26 para. 8 heading inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 13 (with s. 119); S.I. 2005/2034, art. 6
8(1)[F13Her Majesty’s Chief Inspector of Schools in England shall establish and maintain a register of nursery education inspectors for England and] [F14Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru]shall establish and maintain a register of nursery education inspectors for Wales.E+W
(2)The Chief Inspector [F15for Wales] —
(a)shall give guidance to registered [F16Welsh] nursery education inspectors and such other persons as he considers appropriate in connection with inspections under paragraph [F176] [F176B] and the making of reports of such inspections, and
(b)shall keep under review the system of inspections under paragraph [F176] [F176B] and, in particular, the standard of such inspections and of the reports made of them.
(3)The Chief Inspector [F15for Wales] shall not register a person under this paragraph unless, having regard to any conditions that he proposes to impose under sub-paragraph [F18(5B)], it appears to him that the person—
(a)is a fit and proper person for discharging the functions of a registered [F19Welsh] nursery education inspector, and
(b)will be capable of conducting inspections under paragraph [F206] [F206B] competently and effectively and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this sub-paragraph.
[F1(4)Subject to that, the Chief Inspector [F15for Wales] shall register such persons as he considers appropriate.
(5)The factors which the Chief Inspector [F15for Wales] may take into account for the purposes of sub-paragraph (4) include the extent to which there is a need for registered inspectors in any part of [F21England and] Wales.
(5A)The Chief Inspector [F15for Wales] may require payment of a fee before registering a person under sub-paragraph (4).
(5B)Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector [F15for Wales] considers it appropriate to impose.]
(6)Conditions imposed under sub-paragraph [F22(5B)] 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 sub-paragraph [F22(5B)], he shall be taken to be authorised to act as a [F23registered nursery education inspector] [F23registered Welsh nursery education 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 [F15for Wales] and shall be entered in the register kept by him.
F24(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Words in Sch. 26 para. 8(1) repealed (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 14(2), Sch. 19 Pt. 1 (with s. 119); S.I. 2005/2034, art. 6
F14Words in Sch. 26 para. 8(1) substituted (W.) (1.1.2001) by 2000 c. 21, s. 73(3)(a); S.I. 2000/3230, art. 2, Sch.
F15Words in Sch. 26 para. 8(2)-(8) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 14(3) (with s. 119); S.I. 2005/2034, art. 6
F16Word in Sch. 26 para. 8(2)(a) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 14(4)(b) (with s. 119); S.I. 2005/2034, art. 6
F17Word in Sch. 26 para. 8(2) substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 14(4)(a) (with s. 119); S.I. 2005/2034, art. 6
F18Words in Sch. 26 para. 8(3) substituted (2.9.2002 for E., 1.9.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 14 para. 2(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2004/1728, art. 5, Sch. Pt. 2
F19Word in Sch. 26 para. 8(3)(a) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 14(5)(a) (with s. 119); S.I. 2005/2034, art. 6
F20Word in Sch. 26 para. 8(3)(b) substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 14(5)(b) (with s. 119); S.I. 2005/2034, art. 6
F21Words in Sch. 26 para. 8(5) repealed (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 14(6), Sch. 19 Pt. 1 (with s. 119); S.I. 2005/2034, art. 6
F22Word in Sch. 26 para. 8(6)(7) substituted (2.9.2002 for E., 1.9.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 14 para. 2(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2004/1728, art. 5, Sch. Pt. 2
F23Words in Sch. 26 para. 8(7) substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 14(7) (with s. 119); S.I. 2005/2034, art. 6
F24Sch. 26 para. 8(9) repealed (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2005/1395, art. 4, Sch.
Modifications etc. (not altering text)
C1Sch. 26 para. 8(2)-(9) applied (with modifications) (in force at 16.3.2001 for specified purposes and otherwise 2.9.2002 for E., 1.7.2001 for specified purposes and otherwise 1.4.2002 for W.) by 1989 c. 41, s. 79P(3) (as inserted (in force at 16.3.2001 for specified purposes and otherwise 2.9.2002 for E., 1.7.2001 for specified purposes and otherwise 1.4.2002 for W.) by 2000 c. 14, ss. 79(1), 122); S.I. 2001/1210, art. 2(a); S.I. 2001/2190, art. 2(1), Sch.; S.I. 2002/920, arts. 2, 3 (subject to Schs. 1-3); S.I. 2002/2215, arts. 2, 3
9(1)If the Chief Inspector [F25for Wales] is satisfied that any of the conditions mentioned in sub-paragraph (2) is satisfied with respect to a nursery education inspector registered in his register, he may remove the name of that inspector from that register.E+W
(2)The conditions are that—
(a)he is no longer a fit and proper person for discharging the functions of a registered [F26Welsh] nursery education inspector under paragraph [F276] [F276B],
(b)he is no longer capable of conducting inspections under that paragraph competently and effectively,
(c)there has been a significant failure on his part to comply with any condition imposed under [F28paragraph 8(5B)] subject to which his registration has effect,
(d)he has, without reasonable explanation, produced a report of an inspection under paragraph [F296] [F296B] which is, in whole or in part, seriously misleading.
(3)The Chief Inspector [F30for Wales] may vary any condition subject to which the registration of an inspector has effect, or vary the registration of an inspector by imposing a condition subject to which it will have effect, if he is satisfied—
(a)that he is authorised by sub-paragraph (1) to remove the name of the inspector from his register, or
(b)that it would otherwise be in the public interest for him to do so.
(4)References in this Schedule to a condition imposed under [F31paragraph 8(5B)] include a condition imposed under sub-paragraph (3).
(5)[F32Either Chief Inspector may, in exercising his functions under this paragraph with respect to a registered nursery education inspector, have regard to any action taken by the other Chief Inspector with respect to that inspector.]
Textual Amendments
F25Words in Sch. 26 para. 9(1) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 15(2) (with s. 119); S.I. 2005/2034, art. 6
F26Word in Sch. 26 para. 9(2)(a) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 15(3)(a) (with s. 119); S.I. 2005/2034, art. 6
F27Word in Sch. 26 para. 9(2)(a) substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 15(3)(b) (with s. 119); S.I. 2005/2034, art. 6
F28Words in Sch. 26 para. 9(2)(c) substituted (2.9.2002 for E., 1.9.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 14 para. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2004/1728, art. 5, Sch. Pt. 2
F29Word in Sch. 26 para. 9(2)(d) substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 15(3)(b) (with s. 119); S.I. 2005/2034, art. 6
F30Words in Sch. 26 para. 9(3) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 15(4) (with s. 119); S.I. 2005/2034, art. 6
F31Words in Sch. 26 para. 9(4) substituted (2.9.2002 for E., 1.9.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 14 para. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2004/1728, art. 5, Sch. Pt. 2
F32Sch. 26 para. 9(5) repealed (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 15(5), Sch. 19 Pt. 1 (with s. 119); S.I. 2005/2034, art. 6
Modifications etc. (not altering text)
C2Sch. 26 para. 9(1)-(4) applied (with modifications) (in force at 16.3.2001 for specified purposes and otherwise 2.9.2002 for E., 1.7.2001 for specified purposes and otherwise 1.4.2002 for W.) by 1989 c. 41, s. 79P(3) (as inserted (in force at 16.3.2001 for specified purposes and otherwise 2.9.2002 for E., 1.7.2001 for specified purposes and otherwise 1.4.2002 for W.) by 2000 c. 14, ss. 79(1), 122); S.I. 2001/1210, art. 2(a); S.I. 2001/2190, art. 2(1), Sch.; S.I. 2002/920, arts. 2, 3 (subject to Schs. 1-3); S.I. 2002/2215, arts. 2, 3
10(1)Any person who is aggrieved by—E+W
(a)the refusal of the Chief Inspector [F33for Wales] to renew his registration under paragraph 8,
(b)the imposition or variation of any condition subject to which he is registered under that paragraph, or
(c)the removal of his name from the register under paragraph 9,
may appeal against the Chief Inspector’s decision.
[F34(1A)[F35An appeal under sub-paragraph (1) against a decision of Her Majesty’s Chief Inspector of Schools in England shall be made to the Tribunal established under section 9 of the Protection of Children Act 1999.]]
(2)[F36An appeal under sub-paragraph (1) [F37against a decision of Her Majesty’s Chief Inspector of Education and Training in Wales] shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 9 of the M3School Inspections Act 1996; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 2 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.]
[F36An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.]
(3)No decision against which an appeal may be made under sub-paragraph (1) shall have effect until—
(a)any appeal against it which is duly made is disposed of, or
(b)the period within which an appeal may be made expires without an appeal being made.
(4)Sub-paragraph (3) shall not apply where the Chief Inspector [F38for Wales]—
(a)is satisfied that the circumstances of the case 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.
(5)On determining any appeal under this paragraph, the tribunal may—
(a)confirm, reverse or vary the decision appealed against, or
(b)remit the case to the Chief Inspector [F38for Wales] with directions as to the action to be taken by him.
Textual Amendments
F33Words in Sch. 26 para. 10(1) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 16(2) (with s. 119); S.I. 2005/2034, art. 6
F34Sch. 26 para. 10(1A) inserted (1.10.2002 for E., 1.9.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 14 para. 5(2) (with ss. 210(8), 214(4), Sch. 14 para. 7); S.I. 2002/2439, art. 3; S.I. 2004/1728, art. 5, Sch. Pt. 2
F35Sch. 26 para. 10(1A) repealed (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 16(3), Sch. 19 Pt. 1 (with s. 119); S.I. 2005/2034, art. 6
F36Sch. 26 para. 10(2) substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 16(4) (with s. 119); S.I. 2005/2034, art. 6
F37Words in Sch. 26 para. 10(2) inserted (1.10.2002 for E., 1.9.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 14 para. 5(3) (with ss. 210(8), 214(4), Sch. 14 para. 7); S.I. 2002/2439, art. 3; S.I. 2004/1728, art. 5, Sch. Pt. 2
F38Words in Sch. 26 para. 10(4)(5) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 16(5) (with s. 119); S.I. 2005/2034, art. 6
Modifications etc. (not altering text)
C3Sch. 26 para. 10 applied (with modifications) (in force at 16.3.2001 for specified purposes and otherwise 2.9.2002 for E., 1.7.2001 for specified purposes and otherwise 1.4.2002 for W.) by 1989 c. 41, s. 79P(3) (as inserted (in force at 16.3.2001 for specified purposes and otherwise 2.9.2002 for E., 1.7.2001 for specified purposes and otherwise 1.4.2002 for W.) by 2000 c. 14, ss. 79(1), 122); S.I. 2001/1210, art. 2(a); S.I. 2001/2190, art. 2(1), Sch.; S.I. 2002/920, arts. 2, 3 (subject to Schs. 1-3); S.I. 2002/2215, arts. 2, 3
Marginal Citations
Textual Amendments
F39Sch. 26 para. 11 heading substituted (3.10.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 17 (with s. 119); S.I. 2005/2034, art. 6; S.I. 2006/1338, art. 3, Sch. 1
11(1)A registered [F40Welsh] nursery education inspector shall not conduct an inspection under paragraph 6 unless he has, in the opinion of the Chief Inspector [F41for Wales], satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector [F41for Wales].E+W
(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 [F42for Wales].
(3)Where the Chief Inspector [F43for 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.
Textual Amendments
F40Word in Sch. 26 para. 11(1) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 18(2)(a) (with s. 119); S.I. 2005/2034, art. 6
F41Words in Sch. 26 para. 11(1) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 18(2)(b) (with s. 119); S.I. 2005/2034, art. 6
F42Words in Sch. 26 para. 11(2) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 18(3) (with s. 119); S.I. 2005/2034, art. 6
F43Words in Sch. 26 para. 11(3) inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 18(3) (with s. 119); S.I. 2005/2034, art. 6
Modifications etc. (not altering text)
C4Sch. 26 para. 11 applied (with modifications) (in force at 16.3.2001 for specified purposes and otherwise 2.9.2002 for E., 1.7.2001 for specified purposes and otherwise 1.4.2002 for W.) by 1989 c. 41, s. 79P(3) (as inserted (in force at 16.3.2001 for specified purposes and otherwise 2.9.2002 for E., 1.7.2001 for specified purposes and otherwise 1.4.2002 for W.) by 2000 c. 14, ss. 79(1), 122); S.I. 2001/1210, art. 2(a); S.I. 2001/2190, art. 2(1), Sch.; S.I. 2002/920, arts. 2, 3 (subject to Schs. 1-3); S.I. 2002/2215, arts. {2}, 3
12E+WA person shall not undertake an inspection under paragraph [F446] [F446B] of nursery education provided by a person at any premises, or accompany a person undertaking such an inspection, if he has, or has at any time had, any connection with—
(a)the person by whom the education is provided (or, where it is provided by a body, any member of the body), or
(b)any person employed by that person (whether or not at the premises),
of a kind which might reasonably be taken to raise doubts about his ability to act impartially.
Textual Amendments
F44Word in Sch. 26 para. 12 substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 19 (with s. 119); S.I. 2005/2034, art. 6
Textual Amendments
F45Sch. 26 paras. 13A, 13B and cross-heading substituted for Sch. 26 para. 13 (1.8.2005 for specified purposes, 3.10.2005 for E. except in relation to Sch. 26 para. 13B, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 20 (with s. 119); S.I. 2005/2034, arts. 2, 6; S.I. 2006/1338, art. 3, Sch. 1
13(1)Where a person has conducted an inspection under paragraph 6 he shall make his report in writing to the Chief Inspector within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector may consider necessary.U.K.
(2)Once the report of an inspection has been made to the Chief Inspector under sub-paragraph (1) he shall without delay send a copy of it to such authorities and persons as may be prescribed.
(3)Section 42A(2) and (3) of the M4School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2).]
Marginal Citations
13A(1)After an inspection under paragraph 6A, the Chief Inspector for England shall—U.K.
(a)make a report in writing, and
(b)ensure that a copy of the report is sent without delay—
(i)to the responsible person, and
(ii)to such other authorities and persons as may be prescribed.
(2)Regulations may make provision—
(a)requiring the responsible person to make a copy of any report sent to him under sub-paragraph (1)(b)(i) available for inspection by prescribed persons,
(b)requiring the responsible person to provide a copy of the report to prescribed persons, and
(c)authorising the responsible person in prescribed cases to charge a fee for providing a copy of the report.
(3)In sub-paragraph (2) “responsible person” has the meaning given by paragraph 6A(5).
(4)Subsections (2) to (4) of section 11 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to England as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.
13B(1)Where a person has conducted an inspection under paragraph 6B he shall make his report in writing to the Chief Inspector for Wales within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector for Wales may consider necessary.U.K.
(2)Once the report of an inspection has been made to the Chief Inspector for Wales under sub-paragraph (1) he shall without delay send a copy to such authorities and persons as may be prescribed.
(3)Regulations may require any prescribed person to whom a copy of the report is sent under subsection (2) to make a copy of the report available for inspection by prescribed persons.
(4)Subsections (2) to (4) of section 29 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to Wales as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.]
14U.K.[F46The annual reports of the Chief Inspector required by subsection (7)(a) of sections 2 and 5 of the M5School Inspections Act 1996 to be made to the Secretary of State shall include an account of the exercise of the functions imposed or conferred on him by this Schedule; and the power conferred by subsection (7)(b) of those sections to make other reports to the Secretary of State includes a power to make reports with respect to matters which fall within the scope of his functions by virtue of this Schedule.]
[F46(1)The annual report of the Chief Inspector for England required by paragraph (a) of section 3 of the Education Act 2005 to be made to the Secretary of State shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by paragraph (b) of that section to make other reports to the Secretary of State includes a power to make reports which fall within the scope of his functions by virtue of this Schedule.
(2)The annual report of the Chief Inspector for Wales required by subsection (1)(a) of section 21 of the Education Act 2005 to be made to the National Assembly for Wales shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by subsection (1)(b) of that section to make other reports to the Assembly includes a power to make reports which fall within the scope of his functions by virtue of this Schedule.]
Textual Amendments
F46Sch. 26 para. 14 substituted (3.10.2005 for E. for specified purposes) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 21 (with s. 119); S.I. 2005/2034, art. 6
Marginal Citations
F4715E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F47Sch. 26 para. 15 repealed (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2005/1395, art. 4, Sch.
16E+WIf the Chief Inspector elects in the case of an inspection within paragraph (b) or (c) of sub-paragraph (1) of paragraph [F486] [F486A or 6B] that the inspection shall be treated as if it were an inspection within paragraph (a) of that sub-paragraph, the inspection shall be so treated.
Textual Amendments
F48Words in Sch. 26 para. 16 substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 22 (with s. 119); S.I. 2005/2034, art. 6
17E+W[F49Where an inspection is being conducted by a registered nursery education inspector under paragraph 6, the Chief Inspector may arrange for the inspection to be monitored by one or more members of the Inspectorate.]
[F49Where an inspection in Wales is being conducted by a registered Welsh nursery education inspector under paragraph 6B, the Chief Inspector for Wales may arrange for the inspection to be monitored by one or more members of the Welsh Inspectorate.]
Textual Amendments
F49Sch. 26 para. 17 substituted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 23 (with s. 119); S.I. 2005/2034, art. 6
18(1)[F50This paragraph applies to—U.K.
(a)a registered nursery education inspector or member of the Inspectorate conducting an inspection under paragraph 6, or
(b)a member of the Inspectorate monitoring such an inspection under paragraph 17.]
[F50This paragraph applies to—
(a)the Chief Inspector for England when conducting an inspection under paragraph 6A,
(b)a registered Welsh nursery education inspector or member of the Welsh Inspectorate conducting an inspection under paragraph 6B, or
(c)a member of the Welsh Inspectorate monitoring under paragraph 17 an inspection under paragraph 6B.]
(2)A person to whom this paragraph applies shall have at all reasonable times—
(a)a right of entry to the premises at which the relevant nursery education concerned is provided; and
(b)a right to inspect, and take copies of—
(i)any records kept by the person providing that education, and
(ii)any other documents containing information relating to the provision of that education,
which he requires for the purposes of conducting or (as the case may be) monitoring the inspection.
(3)[F51Section 42 of the M6School Inspections Act 1996 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part I of that Act.]
[F51Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.]
(4)[F51It shall be an offence wilfully to obstruct a member of the Inspectorate or a registered nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6.]
[F51It shall be an offence—
(a)intentionally to obstruct the Chief Inspector for England in the exercise of his functions in relation to an inspection under paragraph 6A, or
(b)intentionally to obstruct a member of the Welsh Inspectorate or a registered Welsh nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6B.]
(5)Any person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6)In this paragraph “documents” and “records” each include information recorded in any form.
Textual Amendments
F50Sch. 26 para. 18(1) substituted (3.10.2005 for E. for specified purposes) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 24(2) (with s. 119); S.I. 2005/2034, art. 6
F51Sch. 26 para. 18(3)(4) substituted (3.10.2005 for E. for specified purposes) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 24(3) (with s. 119); S.I. 2005/2034, art. 6
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: