Standards in Scotland’s Schools etc. Act 2000

[F110ADuty of Her Majesty’s Inspectors to make reference to Scottish MinistersS

This section has no associated Explanatory Notes

(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.]