Section 77 Inspection of educational establishments.F1
England and Wales
In this section the expression “educational establishment” means F2. . ., F3an institution within the PCFC funding sector or an institution which is maintained or assisted by a local education authority and provides higher education or further education (or both); and if the persons responsible for the management of any institution which is not an educational establishment within the foregoing definition request the F4Secretary of State or any local education authority to cause an inspection of that institution to be made under the powers conferred by this section, the institution shall, for the purposes of that inspection, be deemed to be also included within that definition.
It shall be the duty of the Secretary of State for Education and Science to cause inspections to be made of every educational establishment at such intervals as appear to him to be appropriate, and to cause a special inspection of any such establishment to be made whenever he considers such an inspection to be desirable; and for the purpose of enabling such inspections to be made on behalf of the Secretary of State for Education and Science, inspectors may be appointed by His Majesty on the recommendation of the Secretary of State for Education and Science, and persons may be authorised by the Secretary of State for Education and Science to assist such inspectors and to act as additional inspectors:
Provided that the Secretary of State for Education and Science shall not be required by virtue of this subsection to cause inspections to be made of any educational establishment during any period during which he is satisfied that suitable arrangements are in force for the inspection of that establishment otherwise than in accordance with this subsection.
Any local education authority may cause an inspection to be made of any educational establishment maintained by the authority, and such inspections shall be made by officers appointed by the local education authority.
If any person obstructs any person authorised to make an inspection in pursuance of the provisions of this section in the execution of his duty, he shall be liable on summary conviction to a fine not exceeding F5level 4 on the standard scale, or, in the case of a second or subsequent conviction, to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
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Annotations
Textual amendments
- F1
S. 77 ceased to have effect in relation to any institution other than a school (1.9.1992 for specified purposes and otherwise 1.4.1993) by virtue of Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 10; (E.) S.I. 1992/831, art. 3; (W.) S.I. 1992/2377, art. 3
- F2
Words in s. 77(1) repealed (1.9.1993 in relation to secondary schools and 1.9.1994 in relation to other schools) by Education (Schools) Act 1992 (c. 38), s. 21(7)(8), Sch. 4, para. 1(a), Sch. 5; S.I. 1993/1491, art. 3(2)
- F3
Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 57
- F4
Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
- F5
Words substituted by virtue of Criminal Law Act (c. 45, SIF 39:1) and of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39(1), 46, Sch.3
- F6
S. 77(5) repealed (1.9.1993 in relation to secondary schools and 1.9.1994 in relation to other schools) by Education (Schools) Act 1992 (c. 38), s. 21(8), Sch. 5; S.I. 1993/1491, art. 3(2)
- F7
S. 77(6) repealed (12.6.1993) by Education (Schools) Act 1992 (c. 38), s. 21(8), Sch. 5; S.I. 1993/1491, art. 3(1)
Modifications
- C1
Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) applies
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), Sch. 38 Pt.I.