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Education (Scotland) Act 2025

Section 48 – Report on performance of the Scottish education system

115.This section requires the Chief Inspector to prepare and publish a report assessing the performance of the Scottish education system, as far as it relates to the Chief Inspector’s functions. A copy of this report must also be sent to the Scottish Ministers, and laid before the Scottish Parliament at the same time. This report must include an overview of the findings set out in inspection reports published under section 46(1) during the reporting period insofar as they relate to the performance of the Scottish education system. The form of the report is to be decided by the Chief Inspector, and it may form part of another document: for example, it could be included as part of the annual report to be prepared under section 47.

116.There is an obligation on the managers of a relevant educational establishment to have regard to the most recent report under this section when exercising their functions. They would be free to have regard also to relevant aspects of older reports under this section, but the obligation exists only in respect of the current report. The term “managers” is defined in subsection (5).

117.The report must be prepared annually, as soon as reasonably practicable after the end of each reporting period (being the period between the date this section comes into force and the following 31 July, and each subsequent period of 1 year beginning on 1 August). Subsection (7) allows the Scottish Ministers to make regulations (subject to the affirmative procedure) to modify the reporting period, subject to consulting with the Chief Inspector, the Advisory Council, and such other persons as the Scottish 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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