# Education Act 1997, Section 38: Inspection of local authorities in Wales.

Extent: E+W

(1) The Chief Inspector—
(a) may, and
(b) if requested to do so by the Welsh Ministers or the Commission for Tertiary Education and Research (“the Commission”), shall,
arrange for any local authority in Wales to be inspected under this section.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) An inspection of a local authority in Wales under this section shall consist of a review of the way in which the authority are performing—
(a) any education function of theirs;
(b) the functions conferred on them under section 25 of 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).
(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 the Welsh Ministers or the Commission under this section may relate to one or more local authorities, and shall specify both—
(a) the local authority or authorities concerned, and
(b) the functions of theirs to which the inspection is to relate.
(4) Before making any such request the 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 ... Wales, or
(b) by any additional inspector authorised under ... paragraph 2 of Schedule 2 to the 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 local authority in 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 41A “the Chief Inspector” means—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in relation to a local authority in Wales, Her 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.

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Source: https://www.legislation.gov.uk/ukpga/1997/44/section/38 (the official version)
Page: https://openlegislation.uk/education-act-1997/section-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.