Education (Scotland) Act 2025

Prospective

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

I1 S. 38 not in force at Royal Assent, see s. 66(2)