EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made under section 125(1A) of the Education and Inspections Act 2006 (“the 2006 Act”) (inserted by section 42 of the Education Act 2011). Section 125(1A) of the 2006 Act provides that the duty of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills under that section (to inspect all institutions within the further education sector and all 16 to 19 Academies at such intervals as may be specified by the Secretary of State) does not apply to prescribed categories of institution in prescribed circumstances.
Regulation 3 prescribes the categories of institution that may be exempt from routine inspection. It provides that all those institutions falling within section 91(3) of the Further and Higher Education Act 1992 (all categories of institutions within the further education sector) and 16 to 19 Academies are prescribed.
Regulation 4 prescribes the circumstance in which such institutions will be exempt from routine inspection: the institution’s overall effectiveness must have been awarded the highest grade (currently the “outstanding” grade) in its most recent inspection under section 125 of the 2006 Act.
An impact assessment has not been produced for this instrument as it has no impact on businesses or civil society organisations. The instrument has a minimal impact on the public sector. The Explanatory Memorandum is published alongside the regulations on www.legislation.gov.uk.