Education Act 1997

Changes over time for: Section 38

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38 Inspection of [F1local authorities] [F2in Wales].E+W

(1)The Chief Inspector—

(a)may, and

(b)if requested to do so by [F3the Welsh Ministers or the Commission for Tertiary Education and Research (“the Commission”)], shall,

arrange for any [F4local authority] [F5in Wales] to be inspected under this section.

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(2A)An inspection of a [F4local authority] in Wales under this section shall consist of a review of the way in which the authority are performing—

[F8(a)any education function of theirs;]

(b)the functions conferred on them under [F9section 25] [F10of the Children Act 2004] so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).]

[F11(2B)Where the Commission has made a request under subsection (1)(b), the review mentioned in subsection (2A) is to be of the way that the local authority is performing the functions mentioned in subsection (2A)(a) and (b) in so far as those functions relate to further education and training within the meaning of section 144(2) to (5) of the Tertiary Education and Research (Wales) Act 2022.]

(3)A request by [F12the Welsh Ministers or the Commission] under this section may relate to one or more [F1local authorities], and shall specify both—

(a)the [F4local authority] or authorities concerned, and

(b)the functions of theirs to which the inspection is to relate.

(4)Before making any such request [F13the Welsh Ministers or the Commission] shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

(5)Any inspection under this section shall be conducted—

(a)by one of Her Majesty’s Inspectors of Schools in F14... Wales, or

(b)by any additional inspector authorised under F15... [F16paragraph 2 of Schedule 2 to [F17the Education Act 2005]];

but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6)For the purposes of this section a [F4local authority] [F18in Wales] shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and—

(a)within such period following a request made by the Chief Inspector in any prescribed circumstances, or

(b)at such other times,

as regulations may provide.

(7)In this section and sections 39 to [F1941A] “the Chief Inspector” means—

F20(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to a [F4local authority] in Wales, [F21Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru];

and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.

Textual Amendments

F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 8(3)

F2Words in s. 38 heading inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(f) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi)

F3Words in s. 38(1)(b) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(a)(i) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi)

F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 8(2)

F5Words in s. 38(1) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(a)(ii) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi)

F6S. 38(2) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 22(2), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F7S. 38(2)(2A) substituted for s. 38(2) (1.4.2005 for E., 31.7.2008 for W.) by Children Act 2004 (c. 31), ss. 51, 67(7)(e); S.I. 2005/394, art. 2(2)(e); S.I. 2008/1904, art. 2

F8S. 38(2A)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 8(4)

F9Words in s. 38(2A)(b) substituted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 1; S.I. 2016/86, art. 3

F10Words in s. 38(2A)(b) inserted (1.4.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 28; S.I. 2008/17, art. 3(b)

F11S. 38(2B) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi)