Education Act 2002

179 Rights of entry in relation to inspections E+W

(1) The School Inspections Act 1996 (c. 57) is amended as follows.

(2) In section 2 (functions of the Chief Inspector for England)—

(a) after subsection (8) (rights of entry etc.) there is inserted—

“(8A) For the purposes of the exercise of any function conferred by or under this section the Chief Inspector for England 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 England, 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.”,

and

(b) in subsection (9)(b) (which makes it an offence to obstruct the exercise by the Chief Inspector of his rights of entry), after “subsection (8)” there is inserted “ or (8A) ”.

(3) In section 3 (power of Chief Inspector for England to arrange for inspections), in subsection (3) (rights of entry etc.)—

(a) after paragraph (a) there is inserted—

“(aa) a right of entry to any other premises on which, by virtue of arrangements made by the school, 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 receiving part of their education from any person (“the provider”);

(ab) a right of entry to any premises of the provider used in connection with the provision by him of that education;”,

and

(b) after paragraph (b) there is inserted “and

(c) a right to inspect and take copies of—

(i) any records kept by the provider relating to the provision of education for pupils registered at the school, and

(ii) any other documents containing information relating to the provision of such education by the provider,

which the Inspector considers relevant to the discharge of his functions.”

(4) In section 5 (functions of the Chief Inspector for Wales)—

(a) after subsection (8) (rights of entry etc.) there is inserted—

“(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.”,

and

(b) in subsection (9)(b) (which makes it an offence to obstruct the exercise by the Chief Inspector of his rights of entry), after “subsection (8)” there is inserted “ or (8A) ”.

(5) In section 6 (power of Chief Inspector for Wales to arrange for inspections), in subsection (3) (rights of entry etc.)—

(a) after paragraph (a) there is inserted—

“(aa) a right of entry to any other premises on which, by virtue of arrangements made by the school, 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 receiving part of their education from any person (“the provider”);

(ab) a right of entry to any premises of the provider used in connection with the provision by him of that education;”,

and

(b) after paragraph (b) there is inserted “and

(c) a right to inspect and take copies of—

(i) any records kept by the provider relating to the provision of education for pupils registered at the school, and

(ii) any other documents containing information relating to the provision of such education by the provider,

which the Inspector considers relevant to the discharge of his functions.”

(6) In Schedule 3 (inspections by registered inspectors under section 10), in paragraph 7 (rights of entry etc.), after sub-paragraph (2) there is inserted—

“(3) A registered inspector conducting an inspection of a school, and the members of his inspection team, shall also 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 the school, 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 receiving part of their education from 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 inspector or (as the case may be) member of the team requires for the purposes of the inspection.”

Commencement Information

I1 S. 179 partly in force; s. 179 not in force at Royal Assent, see s. 216; s. 179 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); s. 179(1)(4)(5)(6) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I