Part 2: The Office of His Majesty’s Chief Inspector of Education in Scotland
Chapter 1: Application of legislation relating to office-holders
248.This Chapter of schedule 4 amends relevant public bodies legislation so as to encompass His Majesty’s Chief Inspector of Education in Scotland.
Freedom of Information (Scotland) Act 2002
249.Paragraph 16 of schedule 4 adds the Chief Inspector to the list of non-ministerial office holders in the Scottish Administration in schedule 1 of the FOI (S) Act. This means that the Chief Inspector will be subject to the requirements which the FOI (S) Act places on public bodies, including requirements to provide information to the public on request and to have in place a scheme under section 23 of that Act for the pro-active publication of information it holds.
250.Being a public authority within the meaning of the FOI (S) Act also makes the Chief Inspector a “Scottish public authority” to which the Environmental Information (Scotland) Regulations 2004 apply.
251.In addition, it means that the Chief Inspector falls within the definition of a “public body” under section 44 of the Climate Change (Scotland) Act 2009. This means that the Chief Inspector must act in a way calculated to contribute to the delivery of climate change targets and any climate change adaptation programme and in the way that the Chief Inspector considers is most sustainable. The Chief Inspector can also be made subject to further duties, including reporting duties.
252.Further, as a public authority within the meaning of the FOI (S) Act, the Chief Inspector is a “public authority” or “
Protection of Vulnerable Groups (Scotland) Act 2007
253.The Protection of Vulnerable Groups (Scotland) Act 2007 relates to the inclusion of individuals on a “children’s list” and an “adult’s list”. Section 19(3) of the 2007 Act names persons who may be required to provide information to the Scottish Ministers under section 19(1)(b) for the purpose of assisting Ministers in deciding whether to list an individual. “HM Inspectors of Schools” is named here, and section 97 of the 2007 Act provides a definition for that term, which is repeated in the index in schedule 5 of the 2007 Act. Paragraph 17 of schedule 4 of this Act updates these references by substituting them for the Chief Inspector.
Public Services Reform (Scotland) Act 2010
254.Paragraph 18 of schedule 4 adds the Chief Inspector to the list of bodies in schedule 19 of the 2010 Act. This means that the Chief Inspector is subject to the user focus scrutiny duty set out in section 112 of the 2010 Act. This will require the Chief Inspector to secure continuous improvement in the involvement of users in the design and delivery of scrutiny functions, such as the inspection function set out in section 38.
255.It also adds the Chief Inspector to the list of bodies in schedule 20 of the 2010 Act. This means that the Chief Inspector is subject to section 114 of the 2010 Act and must co-operate and co-ordinate activity with the other bodies listed there and, where appropriate, the Scottish Ministers with a view to achieving the purpose of improving the exercise of the scrutiny functions of, among other things, local authorities.
Public Records (Scotland) Act 2011
256.Paragraph 19 of schedule 4 makes the Chief Inspector subject to the duties created by the Public Records (Scotland) Act 2011 to produce, implement and keep under review a records management plan.
Procurement Reform (Scotland) Act 2014
257.Paragraph 20 of schedule 4 makes the Chief Inspector subject to the procurement rules applicable to contracting authorities in the Procurement Reform (Scotland) Act 2014 regarding their procurement activities and some specific measures aimed at promoting good, transparent and consistent practice in procurement.
Chapter 2: Other modifications
Education (Scotland) Act 1980
258.Paragraph 21 of schedule 4 modifies the Education (Scotland) Act 1980 to remove the following provisions regarding inspections of educational establishments, as they are no longer required in light of the provision made by the Act:
the power of the Scottish Ministers to request inspections of schools by Her Majesty’s Inspectors (section 66 of the 1980 Act),
provision regarding the issuing of a code of practice for inspections (section 66A of the 1980 Act),
Her Majesty’s Inspectors’ duty to make a reference to the Scottish Ministers in relation to a failing identified in an inspection (section 66B of the 1980 Act),
provision regarding the issuing of preliminary notices (section 66C of the 1980 Act),
provision regarding the giving of enforcement directions (section 66D of the 1980 Act).
259.It also removes provisions permitting the Scottish Ministers to recover expenses from educational establishments following inspections requested by the establishment, and the power to inspect residential accommodation to ensure the safeguarding and promotion of a child’s welfare. Both of these are superseded by the provision now made in the Act. This paragraph further removes the definitions of enforcement direction, Her Majesty’s Inspections, and preliminary notice from the Act.
Standards in Scotland’s Schools etc. Act 2000
260.Paragraph 22 of schedule 4 modifies the Standards in Scotland’s Schools etc. Act 2000. It repeals the provisions in the 2000 Act that complement those that were repealed in the Education (Scotland) Act 1980 by paragraph 21 (see paragraph 258 of these Notes). These provisions related to the inspection of education authorities, which is now provided for in the Act instead.
Scottish Schools (Parental Involvement) Act 2006
261.Paragraph 23 of schedule 4 modifies the Scottish Schools (Parental Involvement) Act 2006 to replace references to Her Majesty’s inspectors with references to His Majesty’s Chief Inspector of Education in Scotland. This ensures that the current rules about when the Parent Council can make representations to Her Majesty’s inspectors, and what must be done on receipt of such representations, will apply to representations which are made by the Parent Council to His Majesty’s Chief Inspector of Education in Scotland.
Schools (Consultation) (Scotland) Act 2010
262.Paragraph 24 of schedule 4 modifies the Schools (Consultation) (Scotland) Act 2010 to replace references to Her Majesty’s Inspectors of Education (HMIE) with references to the Chief Inspector of Education in Scotland. This ensures that references to things that were previously done by or in relation to HMIE will now apply to things that are done by or in relation to the Chief Inspector. Specifically, this means that the Chief Inspector will require to be involved in any relevant proposals made by an education authority. A relevant proposal is defined in schedule 1 of that Act but includes, for example, a proposal to permanently discontinue a school.
Public Services Reform (Scotland) Act 2010
263.Paragraph 25 of schedule 4 modifies the Public Services Reform (Scotland) Act 2010 to replace the reference in section 115(6) of that Act to Her Majesty’s inspectors of schools with a reference to His Majesty’s Chief Inspector of Education in Scotland. This ensures that this section will apply to His Majesty’s Chief Inspector of Education in Scotland as it applied to Her Majesty’s inspectors of schools. This means that the Scottish Ministers will be able to require the Chief Inspector to carry out a joint inspection with another specified body of children’s or other services.
Education (Scotland) Act 2016
264.Paragraph 26 of schedule 4 modifies the Education (Scotland) Act 2016 to replace the reference in section 12(3) of that Act to Her Majesty’s inspectors of schools with a reference to His Majesty’s Chief Inspector of Education in Scotland. This ensures that this section will apply to His Majesty’s Chief Inspector of Education in Scotland as it applied to Her Majesty’s inspectors of schools. This means that the Chief Inspector must be notified by an education authority if it receives a request to assess the need for Gaelic medium primary education and decides to carry out a full assessment of that need.
Schools General (Scotland) Regulations 1975
265.Paragraph 27 of schedule 4 revokes part 4 of the Schools General (Scotland) Regulations 1975, which permits Inspectors acting under section 67 of the Education (Scotland) Act 1962 to visit schools under their management without notice and to inspect documents kept in the school.
