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Tertiary Education and Research (Wales) Act 2022

Section 64: Rights of entry and offences

209.When conducting inspections under Chapter 2 of the Act, Estyn has a right of entry at all reasonable times to premises on which the education or training being inspected is provided; and to premises of a provider of education and training used in connection with the provision (subsections (1)(a) and (b)).

210.Estyn also has a right to inspect and take copies of any records and documents containing information relating to education or training, which the inspector requires for the purposes of the inspection (subsection (1)(c)).

211.The right of entry for Estyn to premises for education or training provided by an employer in the workplace may only be used if the employer has been given reasonable notice in writing (subsection (2)). The powers under this section do not include the right to enter premises that are a dwelling without the consent of the occupier (subsection (7)). And “premises” includes premises in England as well as Wales (subsection (8)).

212.The right to inspect and take copies includes having access to computers and any other device used to access records or documents, and assistance as reasonably required from those who use or have charge of the equipment (subsection (3)).

213.It is a criminal offence to wilfully obstruct Estyn when conducting inspections, and anyone found guilty of this offence is liable to be fined up to level 4 on the standard scale (subsections (4) and (5)).

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