Education (Scotland) Act 2025

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

Chapter 1 Application of legislation relating to office-holders to the Chief Inspector

Freedom of Information (Scotland) Act 2002

16 (1) The Freedom of Information (Scotland) Act 2002 is modified as follows.

(2) In Part 2 of schedule 1 (Scottish public authorities: non-ministerial office holders in the Scottish Administration), for the entry in paragraph 10 substitute “His Majesty’s Chief Inspector of Education in Scotland”.

Protection of Vulnerable Groups (Scotland) Act 2007

17 (1) The Protection of Vulnerable Groups (Scotland) Act 2007 is modified as follows.

(2) In section 19(3) (information held by public bodies etc.)—

(a) after the entry relating to “Healthcare Improvement Scotland” insert “His Majesty’s Chief Inspector of Education in Scotland”,

(b) the entry relating to “Her Majesty’s Inspectors of Schools” is repealed.

(3) In section 97 (general interpretation), the definition of Her Majesty’s Inspectors of Schools is repealed.

(4) In schedule 5 (index), the entry relating to Her Majesty’s Inspectors of Schools is repealed.

Public Services Reform (Scotland) Act 2010

18 (1) The Public Services Reform (Scotland) Act 2010 is modified as follows.

(2) In schedule 8 (information on exercise of public functions: listed public bodies), after the entry relating to Her Majesty’s Chief Inspector of Constabulary insert “His Majesty’s Chief Inspector of Education in Scotland”.

(3) In schedule 19 (scrutiny functions: persons etc. subject to user focus duty), for the entry relating to Her Majesty’s inspectors of schools substitute “His Majesty’s Chief Inspector of Education in Scotland”.

(4) In schedule 20 (scrutiny functions: persons etc. subject to duty of co-operation), for the entry relating to Her Majesty’s inspectors of schools substitute “His Majesty’s Chief Inspector of Education in Scotland”.

Public Records (Scotland) Act 2011

19 (1) The Public Records (Scotland) Act 2011 is modified as follows.

(2) In the schedule (authorities to which Part 1 applies), under the heading “Scottish Administration”, for the entry relating to Her Majesty’s inspectors of schools substitute “His Majesty’s Chief Inspector of Education in Scotland”.

Procurement Reform (Scotland) Act 2014

20 (1) The Procurement Reform (Scotland) Act 2014 is modified as follows.

(2) In Part 1 of the schedule (contracting authorities: Scottish Administration and Scottish Parliament), for the entry in paragraph 10 substitute “His Majesty’s Chief Inspector of Education in Scotland”.

Chapter 2 Other modifications relating to the Chief Inspector

Education (Scotland) Act 1980

21 (1) The Education (Scotland) Act 1980 is modified as follows.

(2) Sections 66 to 66D (inspections) are repealed.

(3) In section 72 (expenses of Secretary of State), subsections (3) to (5) are repealed.

(4) In section 125A (welfare of children and young persons in accommodation provided for purposes of school attendance), the words from “; and the powers” to the end are repealed.

(5) In section 135 (interpretation), the following definitions are repealed—

(a) enforcement direction,

(b) Her Majesty’s inspectors,

(c) preliminary notice.

Standards in Scotland’s Schools etc. Act 2000

22 (1) The Standards in Scotland’s Schools etc. Act 2000 is modified as follows.

(2) Sections 9 to 12 (inspections) are repealed, together with the italic heading preceding section 9.

Scottish Schools (Parental Involvement) Act 2006

23 (1) The Scottish Schools (Parental Involvement) Act 2006 is modified as follows.

(2) In section 8 (functions of a Parent Council)—

(a) in subsection (5), for “Her Majesty’s inspectors” substitute “His Majesty’s Chief Inspector of Education in Scotland,”,

(b) in subsection (6)—

(i) for “Her Majesty’s inspectors receive” substitute “His Majesty’s Chief Inspector of Education in Scotland receives”,

(ii) for “they are” substitute “, the Chief Inspector is”,

(iii) for “their functions and are” substitute “the Chief Inspector’s functions and is”.

Schools (Consultation) (Scotland) Act 2010

24 (1) The Schools (Consultation) (Scotland) Act 2010 is modified as follows.

(2) In section 1(3)(e) (overview of key requirements), for “HMIE” substitute “the Chief Inspector”.

(3) In section 5(5) (correction of the paper), for “HMIE” substitute “the Chief Inspector” in both places where it appears.

(4) In section 7(2)(b) (public meeting), for “HMIE” substitute “the Chief Inspector”.

(5) In section 8 (involvement of HMIE)—

(a) in subsection (1)—

(i) in the opening words, for “HMIE” substitute “the Chief Inspector”,

(ii) in paragraph (b)(ii), for “HMIE agree” substitute “the Chief Inspector agrees”,

(b) in subsection (2), for “HMIE are” substitute “The Chief Inspector is”,

(c) in subsection (3)—

(i) in the opening words, for “HMIE” substitute “the Chief Inspector”,

(ii) in paragraph (a), for “HMIE consider” substitute “the Chief Inspector considers”,

(iii) in paragraph (b), for “HMIE consider” substitute “the Chief Inspector considers”,

(d) in subsection (4)—

(i) in the opening words, for “HMIE are” substitute “the Chief Inspector is”,

(ii) in paragraph (b), for “them” substitute “the Chief Inspector”,

(iii) in paragraph (c)—

(A) for “HMIE” where it first appears substitute “the Chief Inspector”,

(B) for “HMIE consider” substitute “the Chief Inspector considers”,

(e) in subsection (5), for “HMIE” substitute “the Chief Inspector”,

(f) in subsection (6), for “HMIE’s” substitute “the Chief Inspector’s”,

(g) in subsection (7)—

(i) for “HMIE” substitute “the Chief Inspector”,

(ii) for “Her Majesty’s Inspectors (including any of them)” substitute “His Majesty’s Chief Inspector of Education in Scotland”.

(6) The heading of section 8 becomes “Involvement of the Chief Inspector”.

(7) In section 9(1) (consultation report), for “HMIE’s” substitute “the Chief Inspector’s” in both places where it appears.

(8) In section 10(2)(c)(ii) (content of the report), for “HMIE’s” substitute “the Chief Inspector’s”.

(9) In section 17(3A) (grounds for call-in etc.)—

(a) for “HMIE” where it first appears, substitute “The Chief Inspector”,

(b) for “HMIE” where it second appears, substitute “the Chief Inspector”.

(10) In section 17B(3) (review by Panel)—

(a) for “HMIE” substitute “The Chief Inspector”,

(b) for “them” substitute “the Chief Inspector”.

(11) In section 21(2) (definitions)—

(a) after the entry relating to a call-in notice, insert—

• ““the Chief Inspector’s report” and “the Chief Inspector” are defined in section 8(6) and (7),”,

(b) the words ““HMIE’s report” and “HMIE” are defined in section 8(6) and (7),” are repealed.

Public Services Reform (Scotland) Act 2010

25 (1) The Public Services Reform (Scotland) Act 2010 is modified as follows.

(2) In section 115(6) (persons required to comply with joint inspection requests), for the entry relating to Her Majesty’s inspectors of schools substitute “His Majesty’s Chief Inspector of Education in Scotland,”.

Education (Scotland) Act 2016

26 (1) The Education (Scotland) Act 2016 is modified as follows.

(2) In section 12(3) (full assessments: persons notified), for the text in paragraph (a) substitute “His Majesty’s Chief Inspector of Education in Scotland,”.

Schools General (Scotland) Regulations 1975

27 (1) The Schools General (Scotland) Regulations 1975 (S.I. 1975/1135) is modified as follows.

(2) Part 4 (inspection) is revoked.