Part 11

Miscellaneous and General

Education and training outside schools

Inspections of local authorities: rights of entry etc.
180
For section 40 of the Education Act 1997 (c. 44)
(inspector’s rights of entry etc.) there is
substituted—

Inspector’s rights of entry etc.
40
1
This section applies where a local authority are inspected under section 38.
2
The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—
a
the premises of the local authority,
b
the premises of any school maintained by the authority, and
c
any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private
dwelling house but are not a school.
3
The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies
of—
a
any records kept by, and any other documents containing information relating to, the local authority or any school
maintained by the authority, and
b
any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other
documents containing information that so relates;
which he considers relevant to the exercise of his functions.
4
Section 42 of the School
Inspections Act 1996 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for
the purposes of Part 1 of that Act.
5
Without prejudice to subsections (2) and (3), the local authority and the governing body of any school
maintained by the authority—
a
shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are
reasonably able to give, and
b
shall secure that all such assistance is also given by persons who work at the school.
6
It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to
the inspection.
7
A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on
the standard scale.
8
In this section—
- “document” and “records” each include
information recorded in any form; and
- “relevant section 19 education” means education provided to a child by virtue of
arrangements made by the local authority under section 19 of the Education Act 1996 (exceptional provision of education at
schools or otherwise).
S. 180 wholly in force at 19.12.2002; s. 180 not in force at Royal Assent, see s. 216; s. 180 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); s. 180 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
Words 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), art. 1, Sch. 2 para. 11(2)
Words 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), art. 1, Sch. 2 para. 11(3)