Inspections
10AF1Duty of Her Majesty’s Inspectors to make reference to Scottish Ministers
1
This section applies where, after an inspection under section 9 of this Act, Her Majesty’s Inspectors identify that an education authority require to take action to secure improvement in the way the authority exercise a function in relation to the provision of school education.
2
If it appears to Her Majesty’s Inspectors that—
a
having been given sufficient opportunity to secure improvement in the way they exercise a function identified under subsection (1) above, the education authority are failing or have failed to take satisfactory action to do so; and
b
having regard to the seriousness of that failure, an enforcement direction is justified,
they shall make a reference to the Scottish Ministers.
3
A reference under subsection (2) above shall—
a
be in writing;
b
specify the failure mentioned in subsection (2)(a) above; and
c
include recommendations as to the action which, in the opinion of Her Majesty’s Inspectors, the education authority require to take to remedy or prevent the recurrence of that failure.
4
Where Her Majesty’s Inspectors make a reference under subsection (2) above, they shall inform the education authority of the making of that reference.