Education (Scotland) Act 2025 (asp 11)

Prospective

Part 2 S His Majesty’s Chief Inspector of Education in Scotland

Establishment S

33 His Majesty’s Chief Inspector of Education in Scotland S

(1) The office of His Majesty’s Chief Inspector of Education in Scotland (in Gaelic, Àrd-Neach-sgrùdaidh an Rìgh airson Foghlam ann an Alba) is established.

(2) Schedule 2 makes further provision about the office.

Commencement Information

I1 S. 33 not in force at Royal Assent, see s. 66(2)

34 Deputy Chief Inspector of Education in Scotland S

(1) There is to be a Deputy Chief Inspector of Education in Scotland who has the function of deputising for the Chief Inspector.

(2) The Chief Inspector is, with the approval of the Scottish Ministers, to appoint a person who is an Inspector under section 35 as the Deputy Chief Inspector.

Commencement Information

I2 S. 34 not in force at Royal Assent, see s. 66(2)

35 His Majesty’s Inspectors of Education in Scotland S

(1) There are to be His Majesty’s Inspectors of Education in Scotland, appointed by His Majesty by Order in Council on the recommendation of the Scottish Ministers.

(2) His Majesty may appoint such number of Inspectors as the Scottish Ministers determine.

(3) An Inspector—

(a) holds and vacates office at His Majesty’s pleasure,

(b) otherwise holds office in accordance with such terms and conditions as the Scottish Ministers determine.

(4) The validity of anything done by an Inspector is not affected by a defect in a person’s appointment as an Inspector.

(5) A person who, immediately before the coming into force of this section, is one of His Majesty’s inspectors within the meaning of section 135(1) of the Education (Scotland) Act 1980 is taken to have been appointed under this section as one of His Majesty’s Inspectors of Education in Scotland.

Commencement Information

I3 S. 35 not in force at Royal Assent, see s. 66(2)

36 Assistance with inspections S

(1) The Chief Inspector may appoint such persons as appear to the Chief Inspector to be suitable to assist in the carrying out of inspections.

(2) Such a person is—

(a) to be paid such remuneration or allowances (including expenses) as the Chief Inspector, with the approval of the Scottish Ministers, determines, and

(b) otherwise to hold office in accordance with such other terms and conditions as the Chief Inspector, with the approval of the Scottish Ministers, determines.

Commencement Information

I4 S. 36 not in force at Royal Assent, see s. 66(2)

Functions S

37 Purpose of inspection S

(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.

Commencement Information

I5 S. 37 not in force at Royal Assent, see s. 66(2)

38 The inspection function S

(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.

Commencement Information

I6 S. 38 not in force at Royal Assent, see s. 66(2)

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

(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.

Commencement Information

I7 S. 39 not in force at Royal Assent, see s. 66(2)

40 The voluntary arrangements function S

(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.

Commencement Information

I8 S. 40 not in force at Royal Assent, see s. 66(2)

41 The advisory function S

(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.

Commencement Information

I9 S. 41 not in force at Royal Assent, see s. 66(2)

42 Working with others S

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.

Commencement Information

I10 S. 42 not in force at Royal Assent, see s. 66(2)

43 Duties when exercising functions S

(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.

Commencement Information

I11 S. 43 not in force at Royal Assent, see s. 66(2)

Advisory Council S

44 Advisory Council S

(1) The Chief Inspector must establish and maintain an Advisory Council.

(2) In appointing members to it, the Chief Inspector must have regard to the need to ensure that the Advisory Council (taken as a whole) is representative of the interests of persons likely to be affected by the Chief Inspector’s functions, including—

(a) persons who are receiving education at relevant educational establishments,

(b) parents and carers of persons receiving education at such establishments,

(c) persons who are providing teaching or training at such establishments,

(d) members of the Chief Inspector’s staff.

(3) The function of the Advisory Council is to advise the Chief Inspector in relation to the exercise of the Chief Inspector’s functions (when asked to so by the Chief Inspector or on its own initiative).

(4) The Chief Inspector must—

(a) have regard to any advice provided by the Advisory Council, and

(b) where the Chief Inspector decides not to act in accordance with that advice, provide the Advisory Council with an explanation of—

(i) what action (if any) the Chief Inspector has taken, or intends to take, in response, and

(ii) the reasons for that response or proposed response.

Commencement Information

I12 S. 44 not in force at Royal Assent, see s. 66(2)

Accountability S

45 Inspection plan S

(1) The Chief Inspector must, as soon as reasonably practicable after the day on which this section comes into force—

(a) prepare and publish an inspection plan, and

(b) lay the inspection plan before the Scottish Parliament.

(2) An inspection plan under this section—

(a) must set out—

(i) the period to which the plan applies,

(ii) the frequency with which different types of relevant educational establishments, other than excepted establishments, will be inspected,

(iii) the approximate number of such establishments to be inspected,

(iv) where a relevant educational establishment is to receive notice of an inspection, information about—

(A) when that notice will be given, and

(B) the form in which the notice will be given,

(v) information about the different types of inspection model which may be used,

(vi) the standards against which establishments will be evaluated,

(vii) how inspections will evaluate the extent to which relevant educational establishments are taking action to secure better or further effect of the rights of children,

(viii) information about the extent to which, and how, inspections will evaluate outdoor education (including the standards against which outdoor education will be measured),

(ix) the process for making recommendations to establishments,

(x) the process for establishments to respond to any recommendations received,

(b) may include such other material as the Chief Inspector considers appropriate.

(3) The Chief Inspector—

(a) must keep the inspection plan under review,

(b) may prepare a new inspection plan at any time, and

(c) must publish and lay before the Scottish Parliament any such new inspection plan.

(4) In preparing an inspection plan, the Chief Inspector must consult—

(a) the Scottish Ministers,

(b) the Advisory Council,

(c) such persons as the Chief Inspector considers representative of relevant educational establishments as the Chief Inspector considers appropriate,

(d) such persons as the Chief Inspector considers representative of registered teachers and college teaching staff as the Chief Inspector considers appropriate, and

(e) such other persons as the Chief Inspector considers appropriate.

(5) Before publishing an inspection plan under subsection (1)(a) or (3)(c), the Chief Inspector must lay a draft of the plan before the Scottish Parliament for a period of 40 days.

(6) The Chief Inspector must have regard to—

(a) any representations about the draft plan made to the Chief Inspector during that period,

(b) any resolution relating to the draft plan passed by the Parliament, and

(c) any report relating to the draft plan published by any committee of the Parliament for the time being appointed by virtue of the Parliament’s standing orders.

(7) In calculating the period of 40 days for the purposes of subsection (5), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

(8) The Scottish Ministers may by regulations modify this section in order to make provision about the frequency with which the Chief Inspector must review the inspection plan (including any revised inspection plan).

(9) Before making regulations under subsection (8), the Scottish Ministers must consult—

(a) the Chief Inspector,

(b) the Advisory Council,

(c) such persons as the Scottish Ministers consider representative of relevant educational establishments as the Scottish Ministers consider appropriate,

(d) such persons as the Scottish Ministers consider representative of the interests of persons (other than relevant educational establishments) likely to be affected by the Chief Inspector’s functions as the Scottish Ministers consider appropriate,

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

Commencement Information

I13 S. 45 not in force at Royal Assent, see s. 66(2)

46 Reports on inspections S

(1) The Chief Inspector must—

(a) secure the preparation of a report on the findings of each inspection carried out in pursuance of section 38(2), and

(b) publish each such report.

(2) In preparing a report under subsection (1)(a), the Chief Inspector must have regard to any representations made by persons representing the interests of registered teachers or college teaching staff providing teaching or training in the inspected establishment.

(3) Subsection (4) applies where an inspection is carried out in pursuance of section 38(2) in respect of a single relevant educational establishment or what the Chief Inspector considers to be connected relevant educational establishments.

(4) The Chief Inspector must, unless the Chief Inspector considers that there are exceptional circumstances which justify not doing so, give a copy of the report prepared under subsection (1)(a) in respect of the inspection to the establishment or establishments in question—

(a) as soon as reasonably practicable after it has been prepared, and

(b) before it is published.

(5) The Chief Inspector must, as soon as reasonably practicable after it has been prepared, give the Scottish Ministers a copy of any report relating to an inspection requested by them under section 38(2)(b).

(6) The Chief Inspector may lay a copy of any report published under subsection (1) before the Scottish Parliament.

(7) It is for the Chief Inspector to determine the form and content of each report.

(8) The managers of a relevant educational establishment must, in discharging their functions in respect of the establishment, have regard to the most recent report published under subsection (1) in respect of the establishment.

(9) For the purposes of subsection (8), “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.

Commencement Information

I14 S. 46 not in force at Royal Assent, see s. 66(2)

47 Annual report S

(1) The Chief Inspector must, as soon as reasonably practicable after the end of each financial year—

(a) prepare and publish a report on the Chief Inspector’s activities during that financial year,

(b) send a copy of the report to the Scottish Ministers, and

(c) at the same time as sending a copy of the report to the Scottish Ministers, lay a copy of the report before the Scottish Parliament.

(2) A report under subsection (1) must include—

(a) in relation to any advice provided by the Advisory Council during the financial year, a summary of—

(i) the advice provided,

(ii) the Chief Inspector’s response to that advice,

(b) the number of times during the financial year that the Chief Inspector has not provided a copy of a report as mentioned in section 46(4) because the Chief Inspector considered that there were exceptional circumstances which justified not doing so.

(3) It is otherwise for the Chief Inspector to determine the form and content of each report.

Commencement Information

I15 S. 47 not in force at Royal Assent, see s. 66(2)

48 Report on performance of the Scottish education system S

(1) The Chief Inspector must, as soon as reasonably practicable after the end of each reporting period—

(a) prepare and publish a report on the Chief Inspector’s assessment of the performance of the Scottish education system (so far as it relates to the Chief Inspector’s functions) during the reporting period,

(b) send a copy of the report to the Scottish Ministers, and

(c) at the same time as sending a copy of the report to the Scottish Ministers, lay a copy of the report before the Scottish Parliament.

(2) A report prepared under subsection (1)(a) must include an overview of the findings set out in reports published under section 46(1) during the reporting period insofar as those findings relate to the performance of the Scottish education system.

(3) It is for the Chief Inspector to determine the form of each report and, in particular, the report may be part of another document.

(4) The managers of a relevant educational establishment must, in discharging their functions in respect of the establishment, have regard to the most recent report on the performance of the Scottish education system published under subsection (1).

(5) For the purposes of subsection (4), “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.

(6) In this section, “reporting period” means—

(a) the period beginning with the day on which this section comes into force and ending on the following 31 July, and

(b) each subsequent period of 1 year beginning on 1 August.

(7) The Scottish Ministers may by regulations modify this section so as to modify the meaning of “reporting period”.

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

(a) the Chief Inspector,

(b) the Advisory Council, and

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

Commencement Information

I16 S. 48 not in force at Royal Assent, see s. 66(2)

49 Other reports S

(1) The Chief Inspector may, in addition to the reports published under sections 46 to 48, prepare and publish a report about any other matter relating to the Chief Inspector’s functions.

(2) The Chief Inspector—

(a) must send a copy of any report published under subsection (1) to the Scottish Ministers,

(b) must, at the same time, lay a copy of any report published under subsection (1) before the Scottish Parliament.

Commencement Information

I17 S. 49 not in force at Royal Assent, see s. 66(2)

50 Protection from actions of defamation S

(1) For the purposes of the law of defamation any statement in a report published by the Chief Inspector has absolute privilege.

(2) In this section, “statement” has the same meaning as in the Defamation and Malicious Publication (Scotland) Act 2021.

Commencement Information

I18 S. 50 not in force at Royal Assent, see s. 66(2)

Powers S

51 General powers S

The Chief Inspector may do anything which appears to the Chief Inspector—

(a) to be necessary or expedient for the purposes of, or in connection with, the performance of the Chief Inspector’s functions, or

(b) to be otherwise conducive to the performance of those functions.

Commencement Information

I19 S. 51 not in force at Royal Assent, see s. 66(2)

Cooperation with inspections S

52 Powers of entry and inspection S

(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.

Commencement Information

I20 S. 52 not in force at Royal Assent, see s. 66(2)

53 Duty to provide assistance S

(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.

Commencement Information

I21 S. 53 not in force at Royal Assent, see s. 66(2)

54 Offences S

(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.

Commencement Information

I22 S. 54 not in force at Royal Assent, see s. 66(2)

Enforcement following school-related inspections S

55 Necessary improvements: referral to Scottish Ministers S

(1) This section applies where, after an inspection carried out in pursuance of section 38(2) of a public school, a grant-aided school or an education authority, the report on the inspection prepared under section 46 identifies that a relevant person requires to take action to secure improvement in—

(a) in the case of inspection of a school, a matter relating to the school or the school education provided in it,

(b) in the case of inspection of an education authority, the way the education authority exercises a function in relation to the provision of school education.

(2) The Chief Inspector must make a referral to the Scottish Ministers where it appears to the Chief Inspector that—

(a) having been given sufficient opportunity to secure improvement in the matter or exercise of the function in question, the relevant person is failing or has failed to take satisfactory action to do so, and

(b) having regard to the seriousness of the failure, an enforcement direction is justified.

(3) A referral under subsection (2) must—

(a) be in writing,

(b) specify the failure mentioned in subsection (2)(a), and

(c) include recommendations as to the action which, in the opinion of the Chief Inspector, the relevant person requires to take to remedy, or prevent the recurrence of, the failure.

(4) Where a referral is made under subsection (2), the Chief Inspector must inform the relevant person of that fact.

(5) For the purposes of this section and sections 56 and 57—

(a) “relevant person” means—

(i) in relation to the inspection of a public school or an education authority, the education authority,

(ii) in relation to the inspection of a grant-aided school, the managers of the school,

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

Commencement Information

I23 S. 55 not in force at Royal Assent, see s. 66(2)

56 Preliminary notice of enforcement action S

(1) The Scottish Ministers may give a preliminary notice to a relevant person where, on a referral under section 55, it appears to the Scottish Ministers that—

(a) the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter or exercise of the function in question, and

(b) having regard to the seriousness of the failure, an enforcement direction is justified.

(2) A preliminary notice is a notice which—

(a) informs the relevant person of the failure mentioned in subsection (1)(a), and

(b) requires the relevant person to submit to the Scottish Ministers, within such period as is specified in the notice, a written response which—

(i) states that the person has not so failed and gives reasons supporting that statement, or

(ii) states that the person has so failed but gives reasons (if there are any such reasons) why an enforcement direction should not be given to the person.

Commencement Information

I24 S. 56 not in force at Royal Assent, see s. 66(2)

57 Enforcement direction S

(1) The Scottish Ministers may give a relevant person an enforcement direction where, following service under section 56(1) of a preliminary notice, it appears to the Scottish Ministers that—

(a) the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter or exercise of the function in question, and

(b) having regard to the seriousness of the failure, an enforcement direction is justified.

(2) The Scottish Ministers may give an enforcement direction under subsection (1) only after whichever is the earlier of—

(a) receipt of the written response mentioned in section 56(2)(b),

(b) the expiry of the period specified in the preliminary notice.

(3) An enforcement direction is a direction in writing by the Scottish Ministers—

(a) requiring the recipient to take, within such period as is specified in the direction, such action as is so specified (being action calculated to remedy, or prevent the recurrence of, the failure mentioned in subsection (1)(a)), and

(b) with which the recipient must comply.

(4) An enforcement direction may—

(a) specify different periods for the taking of different actions,

(b) specify conditions which are to apply to the exercise of such functions of the relevant person as the direction specifies in relation to—

(i) where the referral arose from an inspection of a school, the school and the school education provided in it, or

(ii) where the referral arose from an inspection of an education authority, the provision of school education.

(5) The Scottish Ministers may—

(a) vary an enforcement direction by giving a further such direction (without any requirement for a further preliminary notice under section 56),

(b) revoke an enforcement direction.

(6) Before giving, varying or revoking an enforcement direction, the Scottish Ministers must consult the Chief Inspector.

(7) If the Scottish Ministers exercise their power to give, vary or revoke an enforcement direction, they must—

(a) prepare a report on their exercise of the power, and

(b) lay the report before the Scottish Parliament.

(8) The Scottish Ministers may, instead of or as well as giving an enforcement direction, make such recommendations to the relevant person as they think appropriate.

Commencement Information

I25 S. 57 not in force at Royal Assent, see s. 66(2)

Supporting provisions S

58 Publication of documents S

In publishing a document under this Part, the Chief Inspector must have regard to the importance of communicating in an inclusive way that best meets the needs of—

(a) children and young people,

(b) persons with educational support needs,

(c) users of British Sign Language,

(d) users of the Gaelic language,

(e) users of the Scots language,

(f) others affected by the exercise of the Chief Inspector’s functions.

Commencement Information

I26 S. 58 not in force at Royal Assent, see s. 66(2)