Education (Scotland) Act 2025

Prospective

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

I1 S. 45 not in force at Royal Assent, see s. 66(2)