Section 45 – Inspection plan
101.The Chief Inspector is required to, as soon as reasonably practicable after this section comes into force, publish an inspection plan and lay it before the Scottish Parliament.
102.The inspection plan must set out details of inspections to be carried out during the period to which the plan applies (other than in relation to excepted establishments, where inspections happen only upon request by the Scottish Ministers). The detail which must be covered by the plan includes—
the period to which the plan relates (which must comply with any rule set by virtue of subsection (8) of this section),
information about the frequency with which the Chief Inspector intends to instigate inspections (which must be within the parameters set by virtue of section 38(4)),
the approximate number of institutions to be inspected as a result,
information about how and when advance notice will be provided of an inspection in cases where advance notice is being given,
information about the different models of inspection (which might include, for example, abbreviated and full inspections, and scheduled and unscheduled),
information about the standards against which all establishments (including any excepted establishments) are to be assessed,
information about how inspections will evaluate the extent to which relevant educational establishments are taking action to secure better or further effect of the rights of children,
information about the extent to which outdoor education will be evaluated and how it will be evaluated in the cases where it is evaluated (including the standards it will be measured against),
information about the processes for making recommendations to establishments and for establishments to respond to such recommendations.
103.The plan may also include such other material as the Chief Inspector considers appropriate.
104.The Chief Inspector must consult in accordance with subsection (4) in preparing the plan.
105.The Chief Inspector must keep the plan under review and may publish and lay before the Parliament a new inspection plan at any time. The rules about what an inspection plan must contain will apply automatically to any new inspection plan, as will the requirements as to consultation.
106.Before publishing an inspection plan (whether the first inspection plan under subsection (1)(a) or a new inspection plan under subsection (3)(c)), the Chief Inspector is required to lay a draft of the plan before the Scottish Parliament for a period of 40 days (not including any time in which Parliament is dissolved or in recess for more than 4 days). The Chief Inspector must have regard to any representations made about the plan during that 40 day period, any resolution relating to the draft plan passed by Parliament, and any report relating to the draft plan published by a committee of the Parliament.
107.Subsection (8) also allows the Scottish Ministers to make regulations (subject to the affirmative procedure) specifying how frequently the inspection plan must be reviewed, subject to consulting as required by subsection (9).
