Education (Schools) Act 1992 in Scotland
1992 c. 38 · Enacted 16 March 1992 · Extends to United Kingdom
An Act to make provision with respect to the inspection of schools and with respect to information about schools and their pupils.
[16th March 1992]
C1C2F1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Textual amendments
- F1
Act (except ss. 16, 17, 21(5) and Sch. 4 paras. 1, 4-6) repealed (1.11.1996) by 1996 c. 57, ss. 47(2), 48(2), Sch. 7
Modifications
- C1
Education Acts 1944 to 1992 explained (re: certain references)(6.5.1992, 30.9.1992, 1.4.1993, 1.8.1993) by Further and Higher Education Act 1992 (c. 13), ss. 1(6), 14, 62(6); S.I. 1992/831, art. 2, Schs. 1-4
- C2
Act applied (1.9.1993) by 1993 c. 35, s. 204(2); S.I. 1993/1975, art. 7 (with transitional provision in art. 8(1))
Contents
- 1Her Majesty’s Inspectorate of Schools in England.
- 2Functions of the Chief Inspector for England.
- 3Power of Chief Inspector for England to arrange for inspections.
- 4Annual and other reports of the Chief Inspector for England.
- 5Her Majesty’s Inspectorate of Schools in Wales.
- 6Functions of the Chief Inspector for Wales.
- 7Power of Chief Inspector for Wales to arrange for inspections.
- 8Annual and other reports of the Chief Inspector for Wales.
- 10Registration of inspectors.
- 11Removal from register and imposition or variation of conditions.
- 12Appeals in relation to registration.
- 14Provision of inspection services by local education authorities.
- 15Power of local education authority to inspect maintained school for specific purpose.
- Information about schools
- 17Information as to schools and pupils: Scotland.
- Miscellaneous
- 21Short title, commencement, extent etc.
- Schedule 1: Her Majesty’s Chief Inspectors
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Documentary evidence
- 7Paragraph 7
- The Parliamentary Commissioner
- 8Paragraph 8
- Disqualification
- 9Paragraph 9
- Selection of registered inspectors
- Inspection teams
- Training for inspections
- Meeting with parents
- Rights of entry etc.
- Offence of obstructing inspector or inspection team
- 8Paragraph 8
- 9AParagraph 9A
- 9BParagraph 9B
- 9CParagraph 9C
- Action plans
- Schools considered to be at risk
- Reserve powers of the Chief Inspectors
- Part II: Inspections of Denominational Education
- 13Paragraph 13
- Inspectors’ reports
- Additional action plans
- Constitution of tribunals
- Procedure of tribunals
- 2Paragraph 2
- Staff
- 3Paragraph 3
- Schedule 4: Minor and Consequential Amendments
- The Tribunals and Inquiries Act 1971 (c. 62)
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 7Paragraph 7
1Her Majesty’s Inspectorate of Schools in England.I1
Her Majesty may by Order in Council appoint a person to the office of Her Majesty’s Chief Inspector of Schools in England (“the Chief Inspector for England”).
Her Majesty may by Order in Council appoint persons as Her Majesty’s Inspectors of Schools in England.
Any person appointed as one of Her Majesty’s Inspectors of Schools in England shall serve, in accordance with the terms and conditions on which he is appointed, as a member of the staff of the Chief Inspector for England.
The Chief Inspector for England shall hold and vacate office in accordance with the terms of his appointment, but—
shall not be appointed for a term of more than five years;
may at any time resign by giving written notice to the Secretary of State;
may be removed from office by Her Majesty on the ground of incapacity or misconduct.
The previous appointment of a person as Chief Inspector for England shall not affect his eligibility for re-appointment.
Schedule 1 makes further provision with respect to the Chief Inspector for England and his staff.
2Functions of the Chief Inspector for England.I1
The Chief Inspector for England shall have the general duty of keeping the Secretary of State informed about—
the quality of the education provided by schools in England;
the educational standards achieved in those schools;
whether the financial resources made available to those schools are managed efficiently; and
the spiritual, moral, social and cultural development of pupils at those schools.
When asked to do so by the Secretary of State, the Chief Inspector for England shall—
give advice to the Secretary of State on such matters as may be specified in the Secretary of State’s request;
inspect and report on such school, or class of school, in England as may be so specified.
The Chief Inspector for England shall, in addition, have the following specific duties—
establishing and maintaining the register mentioned in section 10(1);
giving guidance to inspectors registered in that register, and such other persons as he considers appropriate, in connection with inspections of schools in England under section 9 and the making of reports of such inspections;
keeping under review the system of inspecting schools under section 9 (so far as it relates to schools in England) and, in particular, the standard of such inspections and of the reports made by registered inspectors;
keeping under review the extent to which any requirement imposed by or under this Act, or any other enactment, on any registered inspector, local education authority, proprietor of a school or governing body in relation to inspections of schools in England is complied with;
promoting efficiency in the conduct and reporting of inspections of schools in England by encouraging competition in the provision of services by registered inspectors.
The Chief Inspector for England may at any time give advice to the Secretary of State on any matter connected with schools, or a particular school, in England.
The Chief Inspector for England shall have such other functions in connection with schools in England, including functions with respect to the training of teachers for such schools, as may be assigned to him by the Secretary of State.
In exercising his functions the Chief Inspector for England shall have regard to such aspects of government policy as the Secretary of State may direct.
3Power of Chief Inspector for England to arrange for inspections.I1
The Chief Inspector for England may cause any school in England to be inspected by one or more of Her Majesty’s Inspectors of Schools in England (in this section referred to as “Inspectors”).
Where an inspection of a school in England is being conducted by a registered inspector under section 9, the Chief Inspector for England may arrange for that inspection to be monitored by one or more Inspectors.
Any Inspector inspecting a school, or monitoring an inspection, under this section shall have at all reasonable times—
a right of entry to the premises of the school; and
a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he considers relevant to the discharge of his functions.
It shall be an offence wilfully to obstruct any Inspector in the exercise of any of his functions under this section.
A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level four on the standard scale.
4Annual and other reports of the Chief Inspector for England.I1
The Chief Inspector for England—
shall make an annual report to the Secretary of State, who shall lay a copy of it before each House of Parliament;
may make such other reports to the Secretary of State, with respect to matters which fall within the scope of his functions, as he considers appropriate; and
may arrange for any report made by him under this section to be published in such manner as he considers appropriate.
5Her Majesty’s Inspectorate of Schools in Wales.I1
Her Majesty may by Order in Council appoint a person to the office of Her Majesty’s Chief Inspector of Schools in Wales (“the Chief Inspector for Wales”).
Her Majesty may by Order in Council appoint persons as Her Majesty’s Inspectors of Schools in Wales.
Any person appointed as one of Her Majesty’s Inspectors of Schools in Wales shall serve, in accordance with the terms and conditions on which he is appointed, as a member of the staff of the Chief Inspector for Wales.
The Chief Inspector for Wales shall hold and vacate office in accordance with the terms of his appointment, but—
shall not be appointed for a term of more than five years;
may at any time resign by giving written notice to the Secretary of State;
may be removed from office by Her Majesty on the ground of incapacity or misconduct.
The previous appointment of a person as Chief Inspector for Wales shall not affect his eligibility for re-appointment.
Schedule 1 makes further provision with respect to the Chief Inspector for Wales and his staff.
6Functions of the Chief Inspector for Wales.I1
The Chief Inspector for Wales shall have the general duty of keeping the Secretary of State informed about—
the quality of the education provided by schools in Wales;
the educational standards achieved in those schools;
whether the financial resources made available to those schools are managed efficiently; and
the spiritual, moral, social and cultural development of pupils at those schools.
When asked to do so by the Secretary of State, the Chief Inspector for Wales shall—
give advice to the Secretary of State on such matters as may be specified in the Secretary of State’s request;
inspect and report on such school, or class of school, in Wales as may be so specified.
The Chief Inspector for Wales shall, in addition, have the following specific duties—
establishing and maintaining the register mentioned in section 10(2);
giving guidance to inspectors registered in that register, and such other persons as he considers appropriate, in connection with inspections of schools in Wales under section 9 and the making of reports of such inspections;
keeping under review the system of inspecting schools under section 9 (so far as it relates to schools in Wales) and, in particular, the standard of such inspections and of the reports made by registered inspectors;
keeping under review the extent to which any requirement imposed by or under this Act, or any other enactment, on any registered inspector, local education authority, proprietor of a school or governing body in relation to inspections of schools in Wales is complied with;
promoting efficiency in the conduct and reporting of inspections of schools in Wales by encouraging competition in the provision of services by registered inspectors.
The Chief Inspector for Wales may at any time give advice to the Secretary of State on any matter connected with schools, or a particular school, in Wales.
The Chief Inspector for Wales shall have such other functions in connection with schools in Wales, including functions with respect to the training of teachers for such schools, as may be assigned to him by the Secretary of State.
In exercising his functions the Chief Inspector for Wales shall have regard to such aspects of government policy as the Secretary of State may direct.
7Power of Chief Inspector for Wales to arrange for inspections.I1
The Chief Inspector for Wales may cause any school in Wales to be inspected by one or more of Her Majesty’s Inspectors of Schools in Wales (in this section referred to as “Inspectors”).
Where an inspection of a school in Wales is being conducted by a registered inspector under section 9, the Chief Inspector for Wales may arrange for that inspection to be monitored by one or more Inspectors.
Any Inspector inspecting a school, or monitoring an inspection, under this section shall have at all reasonable times—
a right of entry to the premises of the school; and
a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he considers relevant to the discharge of his functions.
It shall be an offence wilfully to obstruct any Inspector in the exercise of any of his functions under this section.
A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level four on the standard scale.
8Annual and other reports of the Chief Inspector for Wales.I1
The Chief Inspector for Wales—
shall make an annual report to the Secretary of State, who shall lay a copy of it before each House of Parliament;
may make such other reports to the Secretary of State, with respect to matters which fall within the scope of his functions, as he considers appropriate; and
may arrange for any report made by him under this section to be published in such manner as he considers appropriate.
10Registration of inspectors.I1
No person shall conduct an inspection of any school in England under section 9(1) unless he is registered as an inspector in a register kept by the Chief Inspector for England for the purposes of this Act.
No person shall conduct an inspection of any school in Wales under section 9(2) unless he is registered as an inspector in a register kept by the Chief Inspector for Wales for the purposes of this Act.
The Chief Inspector shall not register a person under this section unless, having regard to any conditions that he proposes to impose under subsection (5)(c), it appears to him that that person—
is a fit and proper person for discharging the functions of a registered inspector; and
will be capable of conducting inspections under this Act competently and effectively.
An application for registration under this section—
shall be made in such manner, and be accompanied by such particulars, as the Chief Inspector may direct; and
shall be accompanied by the prescribed fee.
On an application duly made under this section the Chief Inspector may—
register the applicant;
refuse to register him; or
register him subject to such conditions as the Chief Inspector considers it appropriate to impose.
Conditions imposed under subsection (5)(c) 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.
Where a person is registered subject to conditions imposed under subsection (5)(c), he shall be taken to be authorised to act as a registered inspector only so far as those conditions permit.
The period for which any registration is to have effect shall be determined by the Chief Inspector and shall be entered in the register kept by him.
Nothing in subsection (8) is to be taken as preventing a registered inspector from applying for a fresh registration to take effect immediately on the expiry of his current registration.
11Removal from register and imposition or variation of conditions.I1
If the Chief Inspector is satisfied that any of the conditions mentioned in subsection (2) is satisfied with respect to an inspector registered in his register, he may remove the name of that inspector from that register.
The conditions are that—
he is no longer a fit and proper person for discharging the functions of a registered inspector under this Act;
he is no longer capable of conducting inspections under this Act competently and effectively;
there has been a significant failure on his part to comply with any condition imposed under section 10(5)(c) and subject to which his registration has effect;
he has knowingly or recklessly produced a report of an inspection which is, in whole or in part, seriously misleading.
If the Chief Inspector is satisfied—
that he is authorised by subsection (2) to remove the name of an inspector from his register, or
that it would otherwise be in the public interest to act under this subsection,
he may vary any condition subject to which the registration of that inspector has effect or vary that registration by imposing a condition subject to which it will have effect.
Either Chief Inspector may, in exercising his functions under this section with respect to a registered inspector, have regard to any action taken by the other Chief Inspector with respect to that registered inspector.
12Appeals in relation to registration.I1
Any person who is aggrieved by—
the refusal of the Chief Inspector to renew his registration under section 10,
the imposition or variation of any condition subject to which he is registered under that section,
the removal of his name from the relevant register under section 11,
may appeal against the Chief Inspector’s decision to a tribunal constituted in accordance with Schedule 3.
No such decision of the Chief Inspector shall have effect until—
the disposal of any appeal against it which is duly made under this section; or
the period within which an appeal may be made has expired without an appeal having been made.
Subsection (2) shall not apply where the Chief Inspector—
is satisfied that the circumstances of the case are exceptional and justify the decision in question taking effect immediately, or earlier than would otherwise be the case; and
notifies the person concerned to that effect.
On determining any appeal under this section, the tribunal may—
confirm, reverse or vary the decision appealed against; or
remit the case to the Chief Inspector with directions as to the action to be taken by him.
Schedule 3 shall have effect with respect to the tribunals.
14Provision of inspection services by local education authorities.I1
Any local education authority may provide a school inspection service for schools within their area.
In this section “school inspection service”, in relation to any local education authority, means a service providing for the inspection of schools under section 9 or 13 by officers of the authority.
Any school inspection service provided by a local education authority may, in addition to providing for the inspection of schools which are maintained by them, provide for the inspection of schools which are not maintained by them.
Any school inspection service provided by a local education authority shall be operated by the authority in such a way as can reasonably be expected to secure that the full cost of providing the service is recovered by way of charges made by the authority to those using the service.
The Secretary of State may by regulations—
make provision as to the making of tenders by local education authorities (as required by paragraph 2 of Schedule 2);
make provision with respect to the accounts to be kept by local education authorities in connection with any school inspection services provided by them; and
make such incidental and supplemental provision with respect to school inspection services provided by local education authorities as the Secretary of State considers appropriate.
15Power of local education authority to inspect maintained school for specific purpose.I1
Where—
a local education authority require information about any matter in connection with a school which is maintained by them, for the purpose of enabling them to exercise any function of theirs, and
it is not reasonably practicable for them to obtain it in any other manner,
they may cause an inspection of the school to be made by one or more of their officers for the purpose of obtaining that information.
Any officer of a local education authority inspecting a school under this section shall have at all reasonable times a right of entry to the premises of the school.
17Information as to schools and pupils: Scotland. S
In Part II of the M1 Education (Scotland) Act 1980 (rights and duties of parents and functions of education authorities in relation to individual pupils) after section 28H (appeals relating to exclusion of pupils from schools) there shall be inserted the following sections—
“ Information as to schools and pupils
Information as to schools.
28I(1)The Secretary of State may by regulations make provision requiring—
(a)in respect of every school for the management of which an education authority is responsible, the education authority; and
(b)in respect of every other school—
(i)where the school has a board of management, the board of management;
(ii)in any other case, the managers,
to provide to him and to such persons (including education authorities) as may be prescribed such information as regards the school and pupils attending the school as may be prescribed.
(2)For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.
(3)Where the Secretary of State exercises his power to make regulations under this section he shall do so with a view to making available information which is likely to—
(a)assist parents in choosing schools for their children;
(b)increase public awareness of the quality of the education provided by the schools concerned and the educational standards achieved in those schools; or
(c)assist in assessing the degree of efficiency with which the financial resources of those schools are managed.
(4)Information which is required by virtue of regulations made under this section shall be provided—
(a)in such form and manner; and
(b)on such occasions,
as may be prescribed.
(5)No information provided in accordance with regulations made under this section shall name any pupil to whom it relates.
(6)The Secretary of State may—
(a)publish information provided in accordance with regulations made under this section in such form and manner as he considers appropriate;
(b)require an education authority to publish such information at such times and in such form and manner as he may specify for the purposes of this section; or
(c)make arrangements for such information to be published in such form and manner, and by such persons, as he may specify for the purposes of this section.
(7)The powers given to the Secretary of State by this section and section 28J of this Act may be exercised so as to make different provision in relation to different areas.
(8)This section and sections 28J and 28K of this Act are not to be taken as restricting, or otherwise affecting, any other powers that the Secretary of State may have to make regulations with respect to, or otherwise require, the provision of information by any person.
(9)Regulations made under this section and sections 28J and 28K of this Act may make different provision for different cases or classes of case.
(10)This section does not apply to nursery schools.
Requirement to provide information as to school education.
28J(1)The Secretary of State may make regulations requiring education authorities, boards of management and managers of grant-aided schools to provide to prescribed persons such information or documents or categories of information or documents relating to school education as may be prescribed.
(2)Information or documents provided in pursuance of regulations made under subsection (1) above shall be provided—
(a)in such form and manner; and
(b)on such occasions,
as may be prescribed.
Information as to pupils.
28K(1)The Secretary of State may by regulations make provision requiring that such information and reports as may be prescribed as regards pupils attending schools to which this section applies shall be supplied to the parents of such pupils at such times and in such form and manner as may be determined by or in accordance with the regulations.
(2)This section applies to any school which is not a grant-aided school, an independent school or a nursery school.
(3)Regulations made under this section may contain provision as to—
(a)the means of involvement of parents in consideration of such reports; and
(b)the extent to which any information relating to general standards of performance in examinations or other forms of assessment of any group of pupils shall be supplied to parents of other pupils.”
21Short title, commencement, extent etc.I1
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Section 17 extends to Scotland only.
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1I1
The Chief Inspector may, with the approval of the Treasury as to numbers and terms and conditions of service, appoint such staff, in addition to Inspectors who are members of his staff by virtue of section 1(3) or (as the case may be) 5(3), as he thinks fit.
2I1
The Chief Inspector may arrange for such persons as he thinks fit to assist him in the discharge of any of his functions in relation to a particular case or class of case.
Any person assisting the Chief Inspector under any such arrangements shall be known as an additional inspector.
Any arrangements which provide for assistance by persons who are not members of the Chief Inspector’s staff shall be made on terms agreed by him with the Treasury.
An additional inspector acting within the authority conferred on him by the Chief Inspector shall have all the powers of an Inspector.
3I1C1
There shall be paid to the Chief Inspector such remuneration, and such travelling and other allowances, as the Secretary of State may determine.
In the case of any such Chief Inspector as may be determined by the Secretary of State, there shall be paid such pension, allowance or gratuity to or in respect of him, or such contributions or payments towards provision for such a pension, allowance or gratuity, as may be so determined.
If, when any person ceases to hold office as Chief Inspector, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him such sum by way of compensation as may be determined by the Secretary of State.
The approval of the Treasury shall be required for the making of a determination under this paragraph.
Any determination made under this paragraph with respect to one Chief Inspector may be different to any corresponding determination made with respect to the other Chief Inspector.
4I1
There shall be paid out of money provided by Parliament—
the remuneration of, and any travelling or other allowances payable under this Act to, the Chief Inspector and any staff of his;
any sums payable under this Act to or in respect of the Chief Inspector; and
any expenses duly incurred by the Chief Inspector or by any of his staff in consequence of the provisions of this Act.
5I1
The Chief Inspector shall have an official seal for the authentication of documents required for the purposes of his functions.
6I1
Anything authorised or required by or under this Act or any other enactment to be done by the Chief Inspector for England may be done by—
any of Her Majesty’s Inspectors of Schools in England,
any other member of his staff, or
any additional inspector,
who is authorised generally or specially in that behalf by the Chief Inspector for England.
Anything authorised or required by or under this Act or any other enactment to be done by the Chief Inspector for Wales may be done by—
any of Her Majesty’s Inspectors of Schools in Wales,
any other member of his staff, or
any additional inspector,
who is authorised generally or specially in that behalf by the Chief Inspector for Wales.
7I1
The M1Documentary Evidence Act 1868 shall have effect, in relation to the Chief Inspector for England and in relation to the Chief Inspector for Wales, as if—
he were included in the first column of the Schedule to that Act;
he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and
the regulations referred to in that Act included any document issued by him or by any such person.
8I1
In the M1Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entries shall be inserted at the appropriate places—
“Office of her Majesty’s Chief Inspector of Schools In England.”
“Office of her Majesty’s Chief Inspector of Schools In Wales”
9I1
In Part III of Schedule 1 to the M1House of Commons Disqualification Act 1975 (disqualifying offices) the following entries shall be inserted at the appropriate places—
“Office of her Majesty’s Chief Inspector of Schools In England.”
“Office of her Majesty’s Chief Inspector of Schools In Wales”
The same entries shall be inserted at the appropriate places in Part III of Schedule 1 to the M2Northern Ireland Assembly Disqualification Act 1975.
8
It shall be an offence wilfully to obstruct—
a registered inspector, or
a member of an inspection team,
in the exercise of his functions in relation to the inspection of a school.
Any person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level four on the standard scale.
9AF1
Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall—
prepare in writing a report of the inspection and a summary of the report, and
state his opinion in the report.
If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where—
he is of the opinion that special measures are not required to be taken in relation to the school, but
in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,
the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.
A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.
If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where—
he is of the opinion that special measures are not required to be taken in relation to the school, but
in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,
the member of the Inspectorate shall state his opinion in the report.
9BF1
The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2).
The time, and the period, allowed shall be such as may be prescribed, subject to any such extension of the period as the Chief Inspector may consider necessary to make; but the total period allowed must not exceed the prescribed period extended by three months.
The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to—
the inspector,
the appropriate authority, and
the Secretary of State, except in the case of a maintained nursery school.
This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.
9CF1
In the case of a report of a section 9 inspection of a school, the person making it shall without delay—
send a copy of the report together with the summary of it to the appropriate authority for the school, and
if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.
In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.
In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).
In the case of—
a special school which is not a maintained or grant-maintained special school, or
an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),
the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.
The appropriate authority shall—
make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,
provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and
take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.
13
In this Part of this Schedule—
“inspection” means an inspection of a school under section 13; and
“inspector” means the person conducting the inspection.
2I1C1
The Secretary of State may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, tribunals.
The regulations may, in particular, make provision—
as to the period within which, and manner in which, appeals must be brought;
for the holding of hearings in private in prescribed circumstances;
as to the persons who may appear on behalf of the parties;
for enabling hearings to be conducted even though a member of the tribunal, other than the Chairman, is absent;
as to the disclosure by the appellant, and others, of documents and the inspection of documents;
requiring persons to attend the proceedings and give evidence;
as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f);
authorising the administration of oaths to witnesses;
as to the withdrawal of appeals;
as to costs and expenses incurred by any party to the proceedings; and
authorising preliminary or incidental matters in relation to an appeal to be dealt with by the Chairman of the tribunal hearing that appeal.
3I1
The Secretary of State may, with the consent of the Treasury, make such provision as he thinks fit for—
the allocation of staff for any tribunal;
the remuneration of members of tribunals and the reimbursement of their expenses;
defraying any reasonable expenses incurred by any tribunal.
Any sums payable under any provision made by the Secretary of State under sub-paragraph (1) shall be paid out of money provided by Parliament.
2F1
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3F1
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7I1
In section 226 of the Act of 1988 (services for schools in other member States providing education for British children), in subsection (2)(b), for the words from “school” to the end of the paragraph there shall be substituted “ by, or under the direction of, one or more of Her Majesty’s Inspectors of Schools for England ”.