School Standards and Framework Act 1998

9 (1) If the Chief Inspector [F1 for 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 [F2 Welsh] nursery education inspector under paragraph [F3 6] [F3 6B],

(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 [F4 paragraph 8(5B)] subject to which his registration has effect,

(d) he has, without reasonable explanation, produced a report of an inspection under paragraph [F5 6] [F5 6B] which is, in whole or in part, seriously misleading.

(3) The Chief Inspector [F6 for 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 [F7 paragraph 8(5B)] include a condition imposed under sub-paragraph (3).

(5) [F8 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

F1 Words 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

F2 Word 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

F3 Word 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

F4 Words 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

F5 Word 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

F6 Words 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

F7 Words 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

F8 Sch. 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)

C1 Sch. 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