Education Act 2002

Section 155

SCHEDULE 14 Inspection of nursery education

Conduct of inspections by Inspectorate

1 In paragraph 6 of Schedule 26 to the School Standards and Framework Act 1998 (c. 31) (inspection of nursery education in England and Wales) , in sub-paragraph (1)(a), (b) and (c) (Chief Inspector to secure that nursery education be inspected by registered inspector), after “inspected by” there is inserted “a member of the Inspectorate or”.

Registration of inspectors

2 (1) Paragraph 8 of that Schedule (registration of inspectors) is amended as follows.

(2) In sub-paragraph (3), for “(5)(c)” there is substituted “(5B)”.

(3) For sub-paragraphs (4) and (5) there is substituted—

“(4) Subject to that, the Chief Inspector shall register such persons as he considers appropriate.

(5) The factors which the Chief Inspector may take into account for the purposes of sub-paragraph (4) include the extent to which there is a need for registered inspectors in any part of England and Wales.

(5A) The Chief Inspector may require payment of a fee before registering a person under sub-paragraph (4).

(5B) Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector considers it appropriate to impose.”

(4) In sub-paragraphs (6) and (7), for “(5)(c)” there is substituted “(5B)”.

(5) Sub-paragraph (9) shall cease to have effect.

3 In paragraph 9 of that Schedule (removal from register), in sub-paragraphs (2)(c) and (4), for “paragraph 8(5)(c)” there is substituted “paragraph 8(5B)”.

4 In section 79P(3) of the Children Act 1989 (c. 41) (early years child care inspectorate), for “to (9)” there is substituted “to (8)”.

Appeals

5 (1) Paragraph 10 of Schedule 26 to the School Standards and Framework Act 1998 (c. 31)(appeals relating to registration) is amended as follows.

(2) After sub-paragraph (1) there is inserted—

“(1A) An appeal under sub-paragraph (1) against a decision of Her Majesty’s Chief Inspector of Schools in England shall be made to the Tribunal established under section 9 of the Protection of Children Act 1999.”

(3) In sub-paragraph (2), after “sub-paragraph (1)” there is inserted “against a decision of Her Majesty’s Chief Inspector of Education and Training in Wales”.

6 In section 9(2) of the Protection of Children Act 1999 (c. 14) (jurisdiction of the Tribunal), for paragraph (ca) there is substituted—

“(ca) on an appeal under paragraph 10(1A) of Schedule 26 to the School Standards and Framework Act 1998;”.

7 Nothing in paragraph 5 or 6 affects appeals made under paragraph 10(1) of Schedule 26 to the School Standards and Framework Act 1998 before the commencement of this Schedule.