Education (Scotland) Act 2025

Functions

37 Purpose of inspection

(1) The Chief Inspector is, so far as relevant, to carry out the Chief Inspector’s functions for the purposes of—

(a) recognising effective practice adopted by relevant educational establishments,

(b) promoting improvement in the quality of education in Scotland, including by—

(i) supporting relevant educational establishments to improve by—

(A) identifying areas for improvement,

(B) establishing where support may be required to make improvements,

(C) sharing effective practice,

(ii) sharing evidence to inform the development of education policy,

(c) providing assurance to the public that the quality of education provided in relevant educational establishments is being assessed and that establishments are being held to account accordingly.

(2) The Scottish Ministers may by regulations modify this section so as to add, remove or vary a purpose of inspection.

(3) Before making regulations under subsection (2), the Scottish Ministers must consult—

(a) the Chief Inspector,

(b) the Advisory Council (see section 44), and

(c) such other persons as the Scottish Ministers consider appropriate.

38 The inspection function

(1) The Chief Inspector is to secure the inspection of relevant educational establishments.

(2) In carrying out that function, the Chief Inspector—

(a) must secure the inspection of relevant educational establishments, other than excepted establishments, at such intervals and to such extent as the Chief Inspector considers appropriate (but in accordance with any regulations made under subsection (4)),

(b) must comply with any written request from the Scottish Ministers requiring the Chief Inspector to secure the inspection of—

(i) a relevant educational establishment,

(ii) a type of relevant educational establishment,

(iii) a sample of a type of relevant educational establishment,

(c) may secure the inspection of an excepted establishment only on a request from the Scottish Ministers under paragraph (b).

(3) For the purpose of this section, the Chief Inspector is to secure the inspection of an establishment—

(a) by directing an Inspector to carry out the inspection,

(b) by directing a person appointed under section 36(1) to carry out the inspection,

(c) by carrying out the inspection personally,

(d) through a combination of the ways described in paragraphs (a) to (c).

(4) The Scottish Ministers may by regulations specify the minimum frequency with which establishments are to be inspected in accordance with subsection (2)(a).

(5) Before making regulations under subsection (4), the Scottish Ministers must consult—

(a) the Chief Inspector,

(b) the Advisory Council,

(c) such persons as are required to be consulted under subsection (6),

(d) such other persons as the Scottish Ministers consider appropriate.

(6) The persons who are required to be consulted under this subsection are—

(a) where the regulations in respect of which consultation is being carried out will specify the minimum frequency with which schools are to be inspected—

(i) such registered teachers as the Scottish Ministers consider appropriate,

(ii) such persons who appear to the Scottish Ministers to represent the interests of registered teachers as the Scottish Ministers consider appropriate,

(b) where the regulations in respect of which consultation is being carried out will specify the minimum frequency with which providers of further education are to be inspected—

(i) such college teaching staff as the Scottish Ministers consider appropriate,

(ii) such persons who appear to the Scottish Ministers to represent the interests of college teaching staff as the Scottish Ministers consider appropriate.

(7) The Scottish Ministers must—

(a) within 12 months of this section coming fully into force, lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations in respect of schools which they are empowered to make under subsection (4), and

(b) if the draft Scottish statutory instrument is approved by the Scottish Parliament, make the regulations contained in the draft instrument.

(8) For the purpose of subsection (7), “schools” is to be construed in accordance with the definition of “school” in section 135(1) of the Education (Scotland) Act 1980 other than that it is not to include a nursery school.

39 Meaning of “relevant educational establishment” and “excepted establishment”

(1) In this Act, “relevant educational establishment” means—

(a) a school,

(b) a provider of school education under arrangements entered into by virtue of section 35 of the Standards in Scotland’s Schools etc. Act 2000,

(c) a provider of further education,

(d) an institution which—

(i) provides education and training wholly or mainly for individuals who are, or are training to be, teachers in schools, and

(ii) is a higher education institution (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005),

(e) a place where a child or young person is provided with residential accommodation by, or in pursuance of an arrangement with—

(i) an education authority,

(ii) the managers of a grant-aided school, or

(iii) the proprietor of an independent school,

for the purposes of the child or young person’s attendance at a school,

(f) an education authority.

(2) A reference in this Act to a relevant educational establishment includes a reference to the premises of an establishment mentioned in subsection (1)(a) to (d).

(3) But—

(a) where the subject of an inspection is a higher education institution, it may be inspected under section 38 only in relation to education and training which is provided as mentioned in subsection (1)(d)(i),

(b) where the subject of an inspection is a place mentioned in subsection (1)(e), it may be inspected under section 38 only with a view to determining whether the child or young person’s welfare is adequately safeguarded and promoted there,

(c) where the subject of an inspection is an education authority, it may be inspected under section 38 only in relation to the functions of the authority which relate to the provision of school education, whether exercised individually or with others.

(4) In this Act, “excepted establishment” means—

(a) a place where fundable further education is provided by a post-16 education body (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005),

(b) a place mentioned in subsection (1)(d).

(5) Any expression used in this section and in the Education (Scotland) Act 1980 has the same meaning in this section as in that Act.

(6) The Scottish Ministers may by regulations modify this section so as to modify the meaning of—

(a) “relevant educational establishment”,

(b) “excepted establishment”.

(7) Before making regulations under subsection (6), the Scottish Ministers must consult—

(a) the Chief Inspector,

(b) the Advisory Council, and

(c) such other persons as the Scottish Ministers consider appropriate.

40 The voluntary arrangements function

(1) The Chief Inspector may enter into arrangements with any person for the provision to that person of inspections or advice in relation to the provision of education.

(2) Where an inspection is carried out or advice is provided by virtue of subsection (1), the Chief Inspector may recover the expenses incurred in respect of providing the advice or carrying out the inspection from the person with whom the arrangements were made.

41 The advisory function

(1) The Chief Inspector must, on request, provide the Scottish Ministers with advice regarding any matter to which the Chief Inspector’s functions relate.

(2) The Chief Inspector may, at any other time, provide the Scottish Ministers with such advice as the Chief Inspector thinks fit regarding any matter to which the Chief Inspector’s functions relate.

42 Working with others

The Chief Inspector must work in collaboration with others, in every case in which it appears to the Chief Inspector appropriate to do so, in respect of any matter to which the Chief Inspector’s functions relate.

43 Duties when exercising functions

(1) In the exercise of the Chief Inspector’s functions, the Chief Inspector must—

(a) set and uphold high standards in education governance and accountability,

(b) have regard to—

(i) the Scottish Ministers’ strategic priorities and objectives in relation to school education as set out in the National Improvement Framework,

(ii) the statutory roles and responsibilities of any persons or bodies that the Chief Inspector works with in the exercise of the Chief Inspector’s functions,

(iii) the need for relevant educational establishments to have adequate arrangements in place to safeguard and promote the welfare of children and young people,

(iv) the needs and interests of children, young people and other persons who are receiving or will receive education at a relevant educational establishment, including those with educational support needs and those who are receiving, or wish to receive—

(A) British Sign Language learner education,

(B) British Sign Language medium education,

(C) Gaelic learner education,

(D) Gaelic medium education, or

(E) the teaching of British Sign Language or the Gaelic language in the provision of further education by education authorities,

(v) the experience of persons providing teaching or training in a relevant educational establishment,

(vi) the experience of persons providing support to persons with educational support needs at a relevant educational establishment.

(2) For the purpose of subsection (1)(b)(i), the “National Improvement Framework” means the National Improvement Framework for the time being in effect, as prepared and published under section 3C of the Standards in Scotland’s Schools etc. Act 2000.