Section 31 Powers of entry and inspectionC1C2C3C4C5C6C7C8C9C10I1
A person falling within subsection (2) has at all reasonable times—
a right of entry to the premises of the local authority in question and any school maintained by it;
a right to inspect, and take copies of, any records or other documents kept by the authority or any school maintained by it, and any other documents containing information relating to the authority or any such school, which the person considers relevant to the exercise by the person of functions under or by virtue of this Chapter.
The following persons fall within this subsection—
the person specified in a direction under section 24 or, where the direction specifies a class of persons, the person with whom the local authority enter into the contract or other arrangement required by the direction;
the person specified in a direction under section 25;
the Welsh Ministers in pursuance of a direction under section 26;
the person nominated by direction under section 26.
In exercising the right under subsection (1)(b) to inspect records or other documents, a person (“P”)—
is entitled to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and
may require the following persons to provide any assistance P may reasonably require (including, among other things, the making of information available for inspection or copying in a legible form)—
the person by whom or on whose behalf the computer is or has been so used;
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
Any reference in this section to a person falling within subsection (2) includes a reference to any person assisting that person.
In this section “document” and “records” each include information recorded in any form.
Annotations
Modifications
- C1
Pt. 2 Ch. 2 modified by 1998 c. 30, s. 19(13) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 3; S.I. 2014/178, art. 2(f) (with art. 3))
- C2
Pt. 2 Ch. 2 modified by 2005 c. 18, s. 114(8)(c) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 8(3)(c); S.I. 2014/178, art. 2(f) (with art. 3))
- C3
Pt. 2 Ch. 2 applied (with modifications) by 2006 c. 21, s. 29 (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 10; S.I. 2014/178, art. 2(f) (with art. 3))
- C4
Pt. 2 Ch. 2 excluded by 2010 c. 15, s. 87(4) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 11(3); S.I. 2014/178, art. 2(f) (with art. 3))
- C5
Pt. 2 Ch. 2 excluded by 1996 c. 56, s. 560(6) (as amended) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(7); S.I. 2014/178, art. 2(f) (with art. 3)
- C6
Pt. 2 Ch. 2 modified by 2004 c. 31, s. 50A(3) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 7(3); S.I. 2014/178, art. 2(f) (with art. 3))
- C7
Pt. 2 Ch. 2 applied (with modifications) by 2004 c. 31, s. 50A(1)(2) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 7(3); S.I. 2014/178, art. 2(f) (with art. 3))
- C8
Pt. 2 Ch. 2 applied (with modifications) by 2010 c. 15, s. 87(3)(b) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 11(3); S.I. 2014/178, art. 2(f) (with art. 3))
- C9
Pt. 2 Ch. 2 excluded by 1996 c. 56, Sch. 1 para. 6(4) (as amended) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(8); S.I. 2014/178, art. 2(f) (with art. 3)
- C10
Pt. 2 Ch. 2 excluded by 1996 c. 56, s. 484(7) (as amended) (W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(3); S.I. 2014/178, art. 2(f) (with art. 3)
Commencement
- I1
S. 31 in force at 20.2.2014 by S.I. 2014/178, art. 2(b) (with art. 3)
Notes on Chapter 2
Modifications
- C11
Pt. 2 Ch. 2 applied (with modifications) by 1998 c. 31, s. 89C(2)(b) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 4(5); S.I. 2014/178, art. 2(f) (with art. 3))
- C12
Pt. 2 Ch. 2 applied (with modifications) by 2000 c. 22, Sch. 1 para. 10 (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 5(2); S.I. 2014/178, art. 2(f) (with art. 3))
- C13
Pt. 2 Ch. 2 modified (1.4.2015) by Education (Wales) Act 2014 (anaw 5), ss. 20, 50(4) (with s. 20(3)); S.I. 2015/29, art. 3(j)
- C14
Pt. 2 Ch. 2 applied (28.6.2024) by The Education (Co-ordination of School Admission Arrangements and Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/698), regs. 1(2), 7(2)