Section 55 – Necessary improvements: referral to Scottish Ministers
127.This section and the two that follow make provision for the situation where a certain inspection (of a public school, a grant-aided school or an education authority) results in a finding that improvement is needed, it does not appear to the Chief Inspector that the necessary steps are being taken to react to that finding, and the Chief Inspector considers that the failure is a sufficiently serious one to justify the issuing of an enforcement direction.
128.The provisions simply restate and relocate the previous law as found in section 66B to 66D of the Education (Scotland) Act 1980 and sections 10A to 10C of the Standards in Scotland’s Schools etc. Act 2000, but with the Chief Inspector now taking on the role previously held by the Sovereign’s inspectors of schools.
129.Where the situation referred to in paragraph 127 above arises, section 55 imposes an obligation on the Chief Inspector to make a referral to the Scottish Ministers. A referral must be in writing, set out the failure concerned, and include recommendations as to the action that should be taken by the person with responsibility for the institution concerned. The Chief Inspector must notify that person that a referral to the Scottish Ministers has been made.
