SCHEDULES
SCHEDULE 26 Inspection of nursery education F28in Wales
F9 Registration of nursery education inspectors F10for Wales
Sch. 26 paras. 6A, 6B, 7 and cross-headings substituted for Sch. 26 paras. 6, 7 (1.8.2005 for E. for specified purposes, 3.10.2005 for E. so far as not already in force, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 12 (with s. 119); S.I. 2005/2034, arts. 2, 6; S.I. 2006/1338, art. 3, Sch. 1
Words in Sch. 26 para. 8 heading inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 13 (with s. 119); S.I. 2005/2034, art. 6
8
1
C12
The Chief Inspector F8for Wales—
a
b
shall keep under review the system of inspections under paragraph F126B and, in particular, the standard of such inspections and of the reports made of them.
C13
The Chief Inspector F8for Wales shall not register a person under this paragraph unless, having regard to any conditions that he proposes to impose under sub-paragraph F2(5B), it appears to him that the person—
a
is a fit and proper person for discharging the functions of a registered F14Welsh nursery education inspector, and
b
will be capable of conducting inspections under paragraph F156B competently and effectively and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this sub-paragraph.
C1F34
Subject to that, the Chief Inspector F8for Wales shall register such persons as he considers appropriate.
C15
5A
The Chief Inspector F8for Wales 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 F8for Wales considers it appropriate to impose.
C16
Conditions imposed under sub-paragraph F4(5B) may be conditions applying generally in relation to all cases, or particular classes of case, or such conditions together with specific conditions applying in the particular case.
C17
C18
The period for which any registration is to have effect shall be determined by the Chief Inspector F8for Wales and shall be entered in the register kept by him.
C1F79
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
C21
If the Chief Inspector F18for Wales is satisfied that any of the conditions mentioned in sub-paragraph (2) is satisfied with respect to a nursery education inspector registered in his register, he may remove the name of that inspector from that register.
C22
The conditions are that—
a
b
he is no longer capable of conducting inspections under that paragraph competently and effectively,
c
there has been a significant failure on his part to comply with any condition imposed under F5paragraph 8(5B) subject to which his registration has effect,
d
he has, without reasonable explanation, produced a report of an inspection under paragraph F216B which is, in whole or in part, seriously misleading.
C23
The Chief Inspector F22for Wales may vary any condition subject to which the registration of an inspector has effect, or vary the registration of an inspector by imposing a condition subject to which it will have effect, if he is satisfied—
a
that he is authorised by sub-paragraph (1) to remove the name of the inspector from his register, or
b
that it would otherwise be in the public interest for him to do so.
C24
References in this Schedule to a condition imposed under F6paragraph 8(5B) include a condition imposed under sub-paragraph (3).
F235
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C310
1
Any person who is aggrieved by—
a
the refusal of the Chief Inspector F24for Wales to renew his registration under paragraph 8,
b
the imposition or variation of any condition subject to which he is registered under that paragraph, or
c
the removal of his name from the register under paragraph 9,
may appeal against the Chief Inspector’s decision.
F251A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F262
An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.
3
No decision against which an appeal may be made under sub-paragraph (1) shall have effect until—
a
any appeal against it which is duly made is disposed of, or
b
the period within which an appeal may be made expires without an appeal being made.
4
Sub-paragraph (3) shall not apply where the Chief Inspector F27for Wales—
a
is satisfied that the circumstances of the case justify the decision in question taking effect immediately or earlier than would otherwise be the case, and
b
notifies the person concerned to that effect.
5
On determining any appeal under this paragraph, the tribunal may—
a
confirm, reverse or vary the decision appealed against, or
b
remit the case to the Chief Inspector F27for Wales with directions as to the action to be taken by him.
Words in Sch. 26 title inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(2); S.I. 2008/2261, art. 2 (with Sch. 1)