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Education and Inspections Act 2006
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- 2006 c. 40
- Part 8
- Chapter 3
- Powers of entry etc.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6A inserted by 2011 c. 21 Sch. 11 para. 2
- s. 7A inserted by 2011 c. 21 Sch. 11 para. 4
- s. 11A inserted by 2010 c. 26 s. 7
- s. 11A(1) words substituted by 2011 c. 21 Sch. 11 para. 8
- s. 60A inserted by 2009 c. 22 Sch. 13 para. 4
- s. 69A 69B inserted by 2009 c. 22 Sch. 13 para. 10
- s. 69A heading substituted by 2011 c. 21 s. 44(3)(e)
- s. 69A(5) omitted by 2011 c. 21 s. 44(3)(a)
- s. 69A(9) (9A) substituted for s. 69A(9) by 2011 c. 21 s. 44(3)(b)
- s. 69A(10) words substituted by 2011 c. 21 s. 44(3)(c)
- s. 69A(11) inserted by 2011 c. 21 s. 44(3)(d)
- s. 93A inserted by 2009 c. 22 s. 246
- s. 182A inserted by 2008 nawm 2 s. 23(4)
Commencement Orders yet to be applied to the Education and Inspections Act 2006:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2006/2990 art. 2 commences (2006 c. 40)
- S.I. 2006/3400 art. 2-7 commences (2006 c. 40)
- S.I. 2007/935 art. 2-7 commences (2006 c. 40)
- S.I. 2007/1271 art. 2 3 commences (2006 c. 40)
- S.I. 2007/1801 art. 2 commences (2006 c. 40)
- S.I. 2007/3074 art. 2 3 commences (2006 c. 40)
- S.I. 2008/1429 art. 3 commences (2006 c. 40)
- S.I. 2008/1971 art. 2 commences (2006 c. 40)
- S.I. 2009/49 art. 2 commences (2006 c. 40)
- S.I. 2009/1027 art. 3 commences (2006 c. 40)
- S.I. 2009/2545 art. 3 commences (2006 c. 40)
- S.I. 2010/736 art. 2 3 commences (2006 c. 40)
- S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/54 art. 2 amendment to earlier commencing SI 2006/2990 art. 4
- S.I. 2008/172 art. 2-9 commences (2007 c. 28)
- S.I. 2008/1065 art. 2 commences (2007 c. 25)
- S.I. 2008/3077 art. 2-5 commences (2008 c. 25)
- S.I. 2009/371 art. 2 Sch. commences (2008 nawm 2)
- S.I. 2009/462 art. 2-5 commences (2008 c. 14)
- S.I. 2009/2819 art. 2 commences (2008 nawm 2)
- S.I. 2009/3317 art. 2 commences (2009 c. 22)
- S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
- S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
- S.I. 2010/1891 art. 2 amendment to earlier commencing SI 2010/303
- S.I. 2010/1937 art. 2-5 commences (2010 c. 32)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2011/2750 art. 2 commences (2011 c. 21)
- S.I. 2012/84 art. 2 3 commences (2011 c. 21)
- S.I. 2012/924 art. 2 Coming into force
Prospective
Powers of entry etc.E+W
131Power of entryE+W
(1)This section applies to an inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).
(2)When conducting such an inspection, the Chief Inspector may, at any reasonable time, enter—
(a)any premises on which the education or training inspected is provided;
(b)any premises of the provider of that education or training which are used in connection with its provision.
(3)In respect of education or training provided by an employer in the workplace, the power of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.
132Power to inspect documents, etc.E+W
(1)This section applies to any inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).
(2)If the Chief Inspector considers it necessary or expedient for the purposes of the inspection, he may inspect, take copies of, or take away any documents relating to the education or training inspected which are on any premises in relation to which he exercises his power of entry under section 131.
(3)The power in subsection (2) includes—
(a)power to require any person holding or accountable for any documents kept on the premises to produce them, and
(b)in relation to any such documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.
(4)In connection with inspecting any such documents the Chief Inspector—
(a)may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been in use in connection with the documents; and
(b)may require a person within subsection (5) to afford him such reasonable assistance as he may require for that purpose.
(5)A person is within this subsection if he is—
(a)the person by whom or on whose behalf the computer is or has been used, or
(b)a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
(6)The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.
(7)Any person who without reasonable excuse—
(a)obstructs the exercise of any power conferred by section 131 or this section, or
(b)fails to comply with any requirement imposed under this section,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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