Schedule 2 – the Office of His Majesty’s Chief Inspector of Education in Scotland
Part 1: Status.
Status
200.Paragraph 1 confirms the separate juristic personality of the Chief Inspector. This means that the office has legal personality, distinct from the individual holding the office of Chief Inspector from time to time. The result of this is that, for example, contracts signed by the office-holder are not personal to them but, rather, attach to the office. As such, if the Chief Inspector steps down and is replaced the contracts continue on in the same way as they would in a case where the contracts were with a company and the directors changed.
Independence
201.Paragraph 2 confirms the independence of the Chief Inspector, subject only to any provision made in legislation (such as section 38(2)(b)).
Part 2: Appointment and terms.
Appointment
202.Under sub-paragraph (1) of paragraph 3, the Chief Inspector is to be appointed by His Majesty by Order in Council on the recommendation of the Scottish Ministers.
203.Paragraph 3(2) provides that the Scottish Ministers may recommend someone for appointment as Chief Inspector only if they consider that the individual has suitable teaching experience and relevant experience of acting in a leadership role in an educational establishment. The term “educational establishment” is undefined and so takes its natural meaning. The absence of the qualifier “relevant” before it means that section 39 does not apply, and accordingly the educational establishment might be one in Scotland or it might be one elsewhere in the world.
Period and conditions of office
204.Under paragraph 4, the Chief Inspector holds and vacates office at His Majesty’s pleasure. The Chief Inspector therefore does not have any fixed tenure.
205.The Scottish Ministers are to determine the other terms and conditions on which the Chief Inspector is appointed.
Part 3: Staff.
Staff
206.Paragraph 5 allows the Chief Inspector to appoint staff on terms and conditions to be determined by the Chief Inspector, subject to the approval of the Scottish Ministers.
Part 4: Procedure.
Authority to perform functions
207.Under paragraph 6, while the Chief Inspector can delegate any function to an Inspector, ultimately the Chief Inspector remains responsible for the performance of those delegated functions. Having delegated functions, the Chief Inspector is still able to decide to perform those functions personally. This ability to delegate functions is additional to the authority that is granted by the Act to the Deputy Chief Inspector to deputise for the Chief Inspector (see section 34).
208.In addition, provision is made in paragraph 7 to cover the circumstance where there would otherwise be a gap because neither the Chief Inspector nor the Deputy Chief Inspector is able to act (either because a position is temporarily vacant or a person is incapacitated). This ensures that the functions of the Chief Inspector will still be able to be fulfilled. This role can only be assigned to an Inspector and any assignment of this nature is for such period as the Scottish Ministers specify when making the appointment. The appointment is subject to any other terms and conditions that are specified by Ministers. This role can be resigned without resulting in resignation as an Inspector.
Validity of things done
209.Paragraph 8 provides that if there is a defect in a person’s appointment as Chief Inspector, things done by the Chief Inspector are not invalidated by that defect.
