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Education (Scotland) Act 2025

Section 37 – Purpose of inspection

79.Section 37(1) sets out the purposes which the Chief Inspector is, so far as relevant, to carry out their functions with a view to achieving. The qualifier “so far as relevant” recognises that there may be times where the Chief Inspector is, for example, performing a purely administrative task where it is difficult to draw a direct line between the task and achieving the purposes of inspection.

80.The purposes of inspection encompass recognising effective practice that has been adopted by relevant educational establishments, promoting improvements that could be made in the quality of education in Scotland, and providing assurance to the public that the quality of education provided in relevant educational establishments is being assessed.

81.Subsection (2) allows the Scottish Ministers by regulations (subject to the affirmative procedure – see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010) to modify this section so as to add, remove or vary a purpose of inspection. However, under subsection (3) this is subject to the requirement to first consult the Chief Inspector, the Advisory Council established under section 44, and such other persons as Ministers consider appropriate.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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