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 Both of these are superseded by the provision now made in the Act.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 It repeals the provisions in the 2000 Act that complement those that were repealed in the Education (Scotland) Act 1980 by paragraph 21 (see paragraph 258 of these Notes).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.
