- Latest available (Revised)
- Original (As enacted)
Education (Scotland) Act 2025
You are here:
- Acts of the Scottish Parliament
- 2025 asp 11
- Part 2
- Cooperation with inspections
What Version
Advanced Features
Opening Options
More Resources
Status:
This is the original version (as it was originally enacted).
Cooperation with inspections
52Powers of entry and inspection
(1)A person carrying out an inspection of a relevant educational establishment in pursuance of section 38 may enter the establishment.
(2)The power conferred by subsection (1)—
(a)must be exercised at a reasonable hour,
(b)extends to a dwelling-house only with the permission of the Scottish Ministers,
(c)does not authorise entry by force.
(3)A person who proposes to exercise the power conferred by subsection (1) must, if so requested, produce evidence of the person’s identity and authorisation to carry out the inspection (including, where applicable, the permission of the Scottish Ministers) before exercising the power.
(4)A person carrying out an inspection may take onto the premises such other persons as the person carrying out the inspection considers necessary.
53Duty to provide assistance
(1)The managers of a relevant educational establishment must, in connection with the inspection of that establishment—
(a)make available, and allow the taking of copies of, any documents kept by the establishment which the persons carrying out the inspection consider relevant to the inspection of the establishment,
(b)take all reasonable steps to secure such access as the persons carrying out the inspection require to any place where, by arrangement with the establishment, education is provided to those in attendance at the establishment,
(c)otherwise provide the persons carrying out the inspection with such assistance and co-operation as they reasonably require for the purposes of, or in connection with, the inspection of the establishment.
(2)For the purpose of subsection (1), “managers”, in relation to a relevant educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment.
54Offences
(1)A person commits an offence if the person fails, without reasonable excuse, to comply with the duty imposed by section 53.
(2)A person commits an offence if the person intentionally obstructs an Inspector or other person in the carrying out of an inspection of a relevant educational establishment under this Part.
(3)A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Options/Help
Print Options
Official printed copies
PrintThe Whole Act
PrintThe Whole Part
PrintThis Cross Heading only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.