Establishment
Section 33 – His Majesty’s Chief Inspector of Education in Scotland
70.Subsection (1) of section 33 establishes the office of His Majesty’s Chief Inspector of Education in Scotland and provides for its Gaelic name. The Gaelic name, ‘Àrd-Neach-sgrùdaidh an Rìgh airson Foghlam ann an Alba’, has equal legal status.
71.Subsection (2) introduces schedule 2 which makes detailed provision for the status and terms of appointment of the Chief Inspector, as well as various matters of an administrative nature relating to the office of Chief Inspector. See paragraphs 200 to 209 of these Notes for commentary on that schedule.
Section 34 – Deputy Chief Inspector of Education in Scotland
72.Section 34 requires the Chief Inspector to appoint a deputy from among the Inspectors who are appointed under section 35. This appointment is subject to the approval of the Scottish Ministers.
73.There is further provision made in relation to deputising for the Chief Inspector at paragraphs 6 and 7 of schedule 2 (see paragraphs 207 and 208 of these Notes).
Section 35 – His Majesty’s Inspectors of Education in Scotland
74.Section 35 provides for the appointment by the King of His Majesty’s Inspectors of Education in Scotland. Inspectors will be appointed by His Majesty by Order in Council on the recommendation of the Scottish Ministers.
75.Under subsection (2), the Scottish Ministers are to determine the number of Inspectors to be appointed by His Majesty. Subsection (3) provides that the Inspectors hold and vacate office at His Majesty’s pleasure, and otherwise operate in accordance with terms and conditions determined by the Scottish Ministers. Under subsection (4), a defect in the appointment process for an Inspector does not call into question the validity of anything done by that person.
76.Subsection (5) provides for inspectors appointed under the Education (Scotland) Act 1980 (see sections 66 and 135 of that Act) to be treated as if appointed under this section, so that existing inspectors will automatically become Inspectors under the provisions of this Act.
Section 36 – Assistance with inspections
77.Subsection (1) allows the Chief Inspector to appoint suitable persons to assist in the carrying out of inspections.
78.The remuneration, allowances and other terms and conditions applicable to such persons are to be determined by the Chief Inspector, with the approval of the Scottish Ministers.
