Explanatory note

The Education (School Inspection) (England) Regulations 2005 (S.I. 2005/2038) (the “2005 Regulations”) prescribe intervals between which inspections required by the Education Act 2005 (c. 18) (the “2005 Act”) must take place, amongst other things.

Section 5(1)(a) of the 2005 Act imposes a duty on Her Majesty’s Chief Inspector of Education, Children’s Services and Skills to inspect certain schools at intervals prescribed in the 2005 Regulations. The 2005 Regulations prescribed the interval between such inspections to be not exceeding five years from the end of the school year in which the last inspection took place (the school year starting on the 1st August). They also made provision governing the position where other inspections had taken place and in relation to new schools with predecessor schools.

Regulations 3 and 4 modify the interval between inspections in relation to certain inspections to be carried out by the Chief Inspector after these Regulations come into force. Between the period beginning with 1st May 2020 and ending with the end of 27th April 2021 the duty of the Chief Inspector to undertake section 5(1)(a) inspections was disapplied by notices given under the Coronavirus Act 2020 (c. 7), Schedule 17, paragraph 5. These Regulations grant to the Chief Inspector an additional two years to undertake such inspections.

Section 48(1) of the 2005 Act imposes a duty on governing bodies of certain schools to provide for the inspection of religious education. The 2005 Regulations prescribed that the interval between such inspections should be five school years.

Regulation 5 modifies the interval in relation to certain inspections of those schools to be carried out after these Regulations come into force. Since 1st May 2020 the duty of governing bodies to undertake such inspections was disapplied by notices given under the Coronavirus Act 2020, Schedule 17, paragraph 5. These Regulations grant to governing bodies an additional three years to secure that such inspections are undertaken.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. A summary of the impact this instrument will have has been summarised in the Explanatory Memorandum that accompanies this instrument on www.legislation.gov.uk .