School Standards and Framework Act 1998

Part I E+W School inspections

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1 Sch. 28 Pt. I partly in force; Sch. 28 Pt. I not in force at Royal Assent see s. 145(3); Sch. 28 Pt. I except para. 4(1) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I

Introductory E+W

1 In this Part of this Schedule “the 1996 Act” means the M1 School Inspections Act 1996. E+W

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M1 1996 c. 57.

Persons who may be registered inspectors E+W

2 In section 7(3) of the 1996 Act (registration of inspectors), at the end there shall be added— E+W

“and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this subsection.”

Decisions of Chief Inspector having immediate effect E+W

3 In section 9(3)(a) of the 1996 Act (circumstances where Chief Inspector’s decision to revoke registration may take immediate effect), the words “are exceptional and” shall be omitted. E+W

Enrolment of persons to act as team members E+W

(1)

[F1 For paragraph 3(1) of Schedule 3 to the 1996 Act (inspection teams) there shall be substituted—

“(1) Every inspection shall be conducted by a registered inspector with the assistance of a team (an “inspection team”) consisting of persons who are enrolled in the list kept by the Chief Inspector under paragraph 3A.”]

(2) After paragraph 3 of that Schedule there shall be inserted—

“ Enrolment of persons to act as team members E+W

3A (1) The Chief Inspector shall keep a list of persons who may act as members of an inspection team (“the list”); and no person shall act as a member of an inspection team unless he is enrolled in the list.

(2) The Chief Inspector shall not enrol any person in the list unless, having regard to any conditions that he proposes to impose under section 7(5)(c) (as it applies in accordance with sub-paragraph (4) below), it appears to him that that person—

(a) is a fit and proper person for carrying out an inspection, and

(b) will be capable of assisting in an inspection competently and effectively.

(3) An application for enrolment in the list shall (except in such circumstances as may be prescribed) be accompanied by the prescribed fee.

(4) Subsections (5) to (9) of section 7 shall apply in relation to the enrolment of a person in the list and to acting as a member of an inspection team as they apply in relation to the registration of a person under subsection (1) or (2) of that section and to acting as a registered inspector.

(5) Sections 8 and 9 and Schedule 2 shall (with any necessary modifications) apply in relation to enrolment in the list and to a person so enrolled as they apply in relation to registration under section 7(1) or (2) and to a person so registered.

(6) In its application to an enrolled person in accordance with sub-paragraph (5) above, section 8 shall have effect as if the conditions mentioned in subsection (2) of that section were that—

(a) that person is no longer a fit and proper person to act as a member of an inspection team;

(b) he is no longer capable of assisting in an inspection competently and effectively;

(c) there has been a significant failure on his part to comply with any condition imposed under section 7(5)(c) (as it applies in accordance with sub-paragraph (4) above).

(7) Without prejudice to the generality of paragraph 2(1) of Schedule 2, regulations under that provision may provide that, where a person is appealing simultaneously—

(a) against a decision of the Chief Inspector relating to that person’s registration, and

(b) against a decision of the Chief Inspector relating to that person’s enrolment in the list,

both appeals are to be heard at the same time.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 28 Pt. I para. 4(1) repealed (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)

Commencement Information

I2 Sch. 28 Pt. I para. 4 partly in force; Sch. 28 Pt. I para. 4 not in force at Royal Assent see s. 145(3); Sch. 28 Pt. I except para. 4(1) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; Sch. 28 Pt. I para. 4(1) in force for certain purposes at 1.1.2000 by S.I. 1999/2323, art. 2(3), Sch. 3 (with arts. 3-5, Schs. 5-7); Sch. 28 Pt. I para. 4(1) in force for certain purposes at 1.8.2000 by S.I. 1999/2323, art. 2(4), Sch. 4 (with arts. 3-5, Schs. 5-7).

Prospective

Replacement of inspectors E+W

5 After paragraph 8 of Schedule 3 to the 1996 Act there shall be added— E+W

“ Replacement of inspector during course of inspection E+W

9 (1) This paragraph applies to an inspection where, at any time—

(a) after the meeting required by paragraph 6 is held, but

(b) before the making of the report of the inspection is completed,

the inspector conducting the inspection becomes (for any reason) unable to continue to discharge his functions as an inspector in relation to the inspection.

(2) If the conditions set out in sub-paragraph (3) are satisfied—

(a) the Chief Inspector may arrange for that person to be replaced as the inspector conducting the inspection by another registered inspector; and

(b) if he does so, anything done by or in relation to that person in connection with the inspection shall, so far as necessary for his effectual replacement by that other inspector, be regarded as done by or in relation to that other inspector.

(3) The conditions are—

(a) that the appropriate authority for the school concerned have given the Chief Inspector notice in writing of their agreement to the inspector mentioned in sub-paragraph (1) being replaced under this paragraph; and

(b) that the replacement inspector does not have, and has not at any time had, any connection of the kind mentioned in paragraph 3(5) with the school in question or with any other person mentioned there.”