OpenLegislation

Section 8 Involvement of the Chief InspectorF15I1

(1)

The education authority must send to F1the Chief Inspector —

(a)

when published, a copy of the proposal paper,

(b)

as regards any relevant written representations received by the authority (from any person) during the consultation period—

(i)

a copy of them, or

(ii)

if F2the Chief Inspector agrees, a summary of them,

(c)

a summary of any oral representations made to it (by any person) at the public meeting,

(d)

as available (and so far as otherwise practicable), a copy of any other relevant documentation.

(2)

F3The Chief Inspector is to prepare a report on the educational aspects of the relevant proposal.

(3)

In preparing the report, F4the Chief Inspector may—

(a)

enter any affected school and make such reasonable enquiries of such persons there as F5the Chief Inspector considers appropriate, and

(b)

make such reasonable enquiries of such other persons as F6the Chief Inspector considers appropriate.

(4)

In preparing the report, F7the Chief Inspector is to have regard (in particular) to—

(a)

the educational benefits statement,

(b)

the things sent to F8the Chief Inspector under subsection (1)(b) and (c),

(c)

any written representations made (by any person) direct to F9the Chief Inspector on any educational aspect of the proposal so far as F10the Chief Inspector considers them to be relevant.

(5)

F11the Chief Inspector must submit the report to the education authority—

(a)

not later than 3 weeks after the authority has complied with subsection (1) (which 3 week period may not start during the consultation period), or

(b)

within such longer period as is agreed between them.

(6)

In this Act, “F12the Chief Inspector’s report” is the report prepared under subsection (2).

(7)

In this Act, a reference to “ F13the Chief Inspector ” is a reference to F14His Majesty’s Chief Inspector of Education in Scotland.

Annotations

Textual amendments

F1

Words in s. 8(1) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(a)(i); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F2

Words in s. 8(1)(b)(ii) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(a)(ii); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F3

Words in s. 8(2) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(b); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F4

Words in s. 8(3) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(c)(i); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F5

Words in s. 8(3)(a) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(c)(ii); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F6

Words in s. 8(3)(b) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(c)(iii); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F7

Words in s. 8(4) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(d)(i); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F8

Words in s. 8(4)(b) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(d)(ii); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F9

Words in s. 8(4)(c) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(d)(iii), (A); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F10

Words in s. 8(4)(c) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(d)(iii), (B); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F11

Words in s. 8(5) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(e); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F12

Words in s. 8(6) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(f); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F13

Words in s. 8(7) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(g)(i); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F14

Words in s. 8(7) substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(5)(g)(ii); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

F15

Cross-heading substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 24(6); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

Commencement

I1

S. 8 in force at 5.4.2010 by S.S.I. 2010/70, art. 2