8(1)Her Majesty’s Chief Inspector of Schools in England shall establish and maintain a register of nursery education inspectors for England and [F1Her 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—
(a)shall give guidance to registered nursery education inspectors and such other persons as he considers appropriate in connection with inspections under paragraph 6 and the making of reports of such inspections, and
(b)shall keep under review the system of inspections under paragraph 6 and, in particular, the standard of such inspections and of the reports made of them.
(3)The Chief Inspector shall not register a person under this paragraph unless, having regard to any conditions that he proposes to impose under sub-paragraph [F2(5B)] , it appears to him that the person—
(a)is a fit and proper person for discharging the functions of a registered nursery education inspector, and
(b)will be capable of conducting inspections under paragraph 6 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.
[F3(4)Subject to that, the Chief Inspector shall register such persons as he considers appropriate.
(5)The factors which the Chief Inspector 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 England and Wales.
(5A)The Chief Inspector 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 considers it appropriate to impose.]
(6)Conditions imposed under sub-paragraph [F4(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 [F5(5B)] , he shall be taken to be authorised to act as a registered 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 and shall be entered in the register kept by him.
(9)[F6Nothing in sub-paragraph (8) is to be taken as preventing a registered nursery education inspector from applying for a fresh registration to take effect immediately on the expiry of his current registration.]
Textual Amendments
F1Words 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.
F2Words in Sch. 26 para. 8(3) substituted (2.9.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 155, 216, Sch. 14 para. 2(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4
F3Sch. 26 para. 8(4)-(5B) substituted for para. 8(4)(5) (2.9.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 155, 216, Sch. 14 para. 2(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4
F4Words in Sch. 26 para. 8(6) substituted (2.9.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 155, 216, Sch. 14 para. 2(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4
F5Words in Sch. 26 para. 8(7) substituted (2.9.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 155, 216, Sch. 14 para. 2(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4
F6Sch. 26 para. 8(9) shall cease to have effect (2.9.2002 for E. otherwise prosp.) and repealed (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 155, 215(2), 216, Sch. 14 para. 2(5), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/2439, art. 3 (with 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 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 nursery education inspector under paragraph 6,
(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 [F7paragraph 8(5B)] subject to which his registration has effect,
(d)he has, without reasonable explanation, produced a report of an inspection under paragraph 6 which is, in whole or in part, seriously misleading.
(3)The Chief Inspector 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 [F8paragraph 8(5B)] include a condition imposed under sub-paragraph (3).
(5)Either 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
F7Words in Sch. 26 para. 9(2)(c) substituted (2.9.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 155, 216, Sch. 14 para. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4
F8Words in Sch. 26 para. 9(4) substituted (2.9.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 155, 216, Sch. 14 para. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4
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 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.
[F9(1A)An 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)An appeal under sub-paragraph (1) [F10against 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 M1School 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.
(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—
(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 with directions as to the action to be taken by him.
Textual Amendments
F9Sch. 26 para. 10(1A) inserted (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 155, 216, Sch. 14 para. 5(2) (with ss. 210(8), 214(4), Sch. 14 para. 7 and with savings (23.12.2002) in S.I. 2002/2953, reg. 6); S.I. 2002/2439, art. 3 (with Sch.)
F10Words in Sch. 26 para. 10(2) inserted (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 155, 216, Sch. 14 para. 5(3) (with ss. 210(8), 214(4), Sch. 14 para. 7 and with savings (23.12.2002) in S.I. 2002/2953, reg. 6); S.I. 2002/2439, art. 3 (with Sch.)
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