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Part IIIGeneral

Inspection of computer records

42Inspection of computer records for purposes of Part I

Any person authorised by Part I to inspect records—

(a)shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

(b)may require—

(i)the person by whom or on whose behalf the computer is or has been so used; or

(ii)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require.

Financial provisions

43Payment of fees into Consolidated Fund

Any sums received by the Chief Inspector under—

(a)section 7(4)(b), or

(b)paragraph 4(2) or 5(2) of Schedule 3,

shall be paid into the Consolidated Fund.

44Stamp duty

(1)Subject to subsection (2) below, stamp duty shall not be chargeable in respect of—

(a)any transfer effected under section 39;

(b)any transfer—

(i)to a funding authority, or

(ii)to the governing body of a grant-maintained school,

by virtue of section 38(3); or

(c)any transfer to a local education authority by virtue of section 38(3) of property which immediately after the transfer is held by the authority for the purposes of—

(i)a county or voluntary school or maintained special school not established in a hospital, or

(ii)a new county school.

(2)No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsection (1) shall be treated as duly stamped unless—

(a)it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the [1982 c. 39.] Finance Act 1982), be liable, or

(b)it has, in accordance with the provisions of section 12 of the [1891 c. 39.] Stamp Duty Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

Orders and regulations

45Orders and regulations

(1)Any power conferred by this Act to make an order or regulations (except an order under section 38) shall be exercisable by statutory instrument.

(2)Any statutory instrument containing any such order or regulations (except an order under section 31, 33 or 39) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Any order or regulations made under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

(4)Without prejudice to the generality of subsection (3), any such regulations may include provision for the designation by the Secretary of State, in accordance with the regulations, of particular schools or classes of school for the purposes of the application of particular provisions of the regulations in relation to such schools.

Construction

46Interpretation

(1)In this Act—

(2)References in this Act to special measures being, or not being, required to be taken in relation to a school shall be construed in accordance with section 13(9).

(3)For the purposes of this Act any reference to a condition imposed under section 7(5)(c) includes a reference to a condition imposed under section 8(3).

(4)This Act and the Education Act 1996 shall be construed as one.

Final provisions

47Consequential amendments, repeals and transitional provisions

(1)The enactments specified in Schedule 6 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

(2)The enactments specified in Schedule 7 are repealed to the extent specified.

(3)The transitional provisions contained in Schedule 8 shall have effect.

48Short title, commencement and extent

(1)This Act may be cited as the School Inspections Act 1996.

(2)This Act shall come into force on 1st November 1996.

(3)Subject to subsections (4) and (5), this Act extends to England and Wales only.

(4)This section and paragraph 6 of Schedule 1 also extend to Scotland and Northern Ireland.

(5)The amendments in Schedule 6 and the repeals in Schedule 7 have the same extent as the enactments to which they refer.