School Standards and Framework Act 1998 (c. 31)

(The document as of February, 2008)

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(c) nursery education in respect of which grants are (or are to be) made under arrangements under section 1 of the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996.

(2) In this Schedule "nursery education under consideration for funding" means nursery education provided by a person to whom a local education authority are considering giving financial assistance and whose provision of nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a).

(3) Where--

(a) any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b), and

(b) that education is provided by a person--

(i) who proposes to provide nursery education at those premises, and

(ii) to whom a local education authority are considering giving financial assistance in the event of his providing that nursery education, and

(iii) whose provision of that nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a),

this Schedule shall apply in relation to the education for the time being provided for the children mentioned in paragraph (a) above as it applies in relation to nursery education under consideration for funding.

2 (1) In this Schedule "the Chief Inspector" means--

(a) as respects nursery education provided in England, Her Majesty's Chief Inspector of Schools in England, and

(b) as respects nursery education provided in Wales, Her Majesty's Chief Inspector of Schools in Wales.

(2) In this Schedule references to registered nursery education inspectors are to persons registered under paragraph 8.

(3) In this Schedule "members of the Inspectorate" means--

(a) the Chief Inspector,

(b) Her Majesty's Inspectors, and

(c) additional inspectors with whom the Chief Inspector has made arrangements to give him assistance under paragraph 2 of Schedule 1 to the [1996 c. 57.] School Inspections Act 1996.

(4) In sub-paragraph (3)(b) "Her Majesty's Inspectors" means--

(a) as respects nursery education provided in England, Her Majesty's Inspectors of Schools in England, and

(b) as respects nursery education provided in Wales, Her Majesty's Inspectors of Schools in Wales.

General functions of the Chief Inspector

3 The Chief Inspector has the general duty of keeping the Secretary of State informed about--

(a) the quality and standards of relevant nursery education, and

(b) the spiritual, moral, social and cultural development of children for whom relevant nursery education is provided.

4 When asked to do so by the Secretary of State, the Chief Inspector shall give advice to the Secretary of State on such matters relating to relevant nursery education as may be specified in the Secretary of State's request.

5 The Chief Inspector may at any time give advice to the Secretary of State on any matter connected with--

(a) relevant nursery education generally, or

(b) relevant nursery education, or nursery education under consideration for funding, provided at particular premises.

Inspections

6 (1) The Chief Inspector--

(a) shall secure that relevant nursery education provided at any premises is inspected by a registered nursery education inspector at such intervals as may be prescribed,

(b) shall secure that relevant nursery education, or nursery education under consideration for funding, provided at any premises is inspected by a registered nursery education inspector at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(c) may secure that relevant nursery education, or nursery education under consideration for funding, provided at any premises is inspected by a registered nursery education inspector at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(2) Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 10 of the [1996 c. 57.] School Inspections Act 1996 (inspections of certain schools by inspectors registered under that Act) applies.

(3) The Chief Inspector may comply with sub-paragraph (1) either by organising inspections or by making arrangements with others for them to organise inspections.

(4) Where an inspection under this paragraph is to be undertaken of nursery education provided at premises which are also liable to inspection under section 76 of the [1989 c. 41.] Children Act 1989 (inspection by person authorised by local authority of premises on which child minding is being carried on or day care is being provided for children), the person organising the inspection under this paragraph shall, before that inspection is undertaken, consult the local authority with power to authorise an inspection of the premises under that section.

(5) In prescribing the intervals mentioned in sub-paragraph (1)(a) the Secretary of State may make provision as to the period within which the first inspection of education provided at any premises is to take place under this Schedule.

(6) A requirement such as is mentioned in sub-paragraph (1)(b) may be imposed in relation to particular premises or a class of premises.

7 A person conducting an inspection under paragraph 6 shall report on the quality and standards of the nursery education provided and, so far as it is reasonably practicable to do so, on the spiritual, moral, social and cultural development of the children for whom the education is provided.

Registration of nursery education inspectors

8 (1) Her Majesty's Chief Inspector of Schools in England shall establish and maintain a register of nursery education inspectors for England and Her Majesty's Chief Inspector of Schools in Wales shall establish and maintain a register of nursery education inspectors for Wales.

(2) The Chief Inspector--

(a) shall give guidance to registered nursery education inspectors and such other persons as he considers appropriate in connection with inspections under paragraph 6 and the making of reports of such inspections, and

(b) shall keep under review the system of inspections under paragraph 6 and, in particular, the standard of such inspections and of the reports made of them.

(3) The Chief Inspector shall not register a person under this paragraph unless, having regard to any conditions that he proposes to impose under sub-paragraph (5)(c), it appears to him that the person--

(a) is a fit and proper person for discharging the functions of a registered nursery education inspector, and

(b) will be capable of conducting inspections under paragraph 6 competently and effectively and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this sub-paragraph.

(4) An application for registration under this paragraph--

(a) shall be made in such manner, and be accompanied by such particulars, as the Chief Inspector may direct, and

(b) shall be accompanied by such fee (if any) as may be prescribed.

(5) On an application duly made under this paragraph the Chief Inspector may--

(a) register the applicant,

(b) refuse to register him, or

(6) Conditions imposed under sub-paragraph (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.

(7) Where a person is registered subject to conditions imposed under sub-paragraph (5)(c), he shall be taken to be authorised to act as a registered nursery education inspector only so far as those conditions permit.

(8) 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.

(9) Nothing in sub-paragraph (8) is to be taken as preventing a registered nursery education inspector from applying for a fresh registration to take effect immediately on the expiry of his current registration.

9 (1) If the Chief Inspector is satisfied that any of the conditions mentioned in sub-paragraph (2) is satisfied with respect to a nursery education inspector registered in his register, he may remove the name of that inspector from that register.

(2) The conditions are that--

(a) he is no longer a fit and proper person for discharging the functions of a registered nursery education inspector under paragraph 6,

(b) he is no longer capable of conducting inspections under that paragraph competently and effectively,

(c) there has been a significant failure on his part to comply with any condition imposed under paragraph 8(5)(c) subject to which his registration has effect,

(d) he has, without reasonable explanation, produced a report of an inspection under paragraph 6 which is, in whole or in part, seriously misleading.

(3) The Chief Inspector may vary any condition subject to which the registration of an inspector has effect, or vary the registration of an inspector by imposing a condition subject to which it will have effect, if he is satisfied--

(a) that he is authorised by sub-paragraph (1) to remove the name of the inspector from his register, or

(b) that it would otherwise be in the public interest for him to do so.

(4) References in this Schedule to a condition imposed under paragraph 8(5)(c) include a condition imposed under sub-paragraph (3).

(5) Either Chief Inspector may, in exercising his functions under this paragraph with respect to a registered nursery education inspector, have regard to any action taken by the other Chief Inspector with respect to that inspector.

10 (1) Any person who is aggrieved by--

(a) the refusal of the Chief Inspector to renew his registration under paragraph 8,

(b) the imposition or variation of any condition subject to which he is registered under that paragraph, or

may appeal against the Chief Inspector's decision.

(2) An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 9 of the [1996 c. 57.] School Inspections Act 1996; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 2 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.

(3) No decision against which an appeal may be made under sub-paragraph (1) shall have effect until--

(a) any appeal against it which is duly made is disposed of, or

(b) the period within which an appeal may be made expires without an appeal being made.

(4) Sub-paragraph (3) shall not apply where the Chief Inspector--

(a) is satisfied that the circumstances of the case justify the decision in question taking effect immediately or earlier than would otherwise be the case, and

(b) notifies the person concerned to that effect.

(5) On determining any appeal under this paragraph, the tribunal may--

(a) confirm, reverse or vary the decision appealed against, or

(b) remit the case to the Chief Inspector with directions as to the action to be taken by him.

Training

11 (1) A registered nursery education inspector shall not conduct an inspection under paragraph 6 unless he has, in the opinion of the Chief Inspector, satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector.

(2) Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector.

(3) Where the Chief Inspector provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.

Impartiality

12 A person shall not undertake an inspection under paragraph 6 of nursery education provided by a person at any premises, or accompany a person undertaking such an inspection, if he has, or has at any time had, any connection with--

(a) the person by whom the education is provided (or, where it is provided by a body, any member of the body), or

(b) any person employed by that person (whether or not at the premises),

of a kind which might reasonably be taken to raise doubts about his ability to act impartially.

Reports of inspections

13 (1) Where a person has conducted an inspection under paragraph 6 he shall make his report in writing to the Chief Inspector within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector may consider necessary.

(2) Once the report of an inspection has been made to the Chief Inspector under sub-paragraph (1) he shall without delay send a copy of it to such authorities and persons as may be prescribed.

(3) Section 42A(2) and (3) of the [1996 c. 57.] School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2).

Annual reports of the Chief Inspector

14 The annual reports of the Chief Inspector required by subsection (7)(a) of sections 2 and 5 of the [1996 c. 57.] School Inspections Act 1996 to be made to the Secretary of State shall include an account of the exercise of the functions imposed or conferred on him by this Schedule; and the power conferred by subsection (7)(b) of those sections to make other reports to the Secretary of State includes a power to make reports with respect to matters which fall within the scope of his functions by virtue of this Schedule.

Reserve powers of the Chief Inspector

15 The Chief Inspector may, in any case where it appears to him to be appropriate to do so, secure that any inspection under paragraph 6 is conducted not by a registered nursery education inspector but by one or more members of the Inspectorate.

16 If the Chief Inspector elects in the case of an inspection within paragraph (b) or (c) of sub-paragraph (1) of paragraph 6 that the inspection shall be treated as if it were an inspection within paragraph (a) of that sub-paragraph, the inspection shall be so treated.

17 Where an inspection is being conducted by a registered nursery education inspector under paragraph 6, the Chief Inspector may arrange for the inspection to be monitored by one or more members of the Inspectorate.

Rights of entry

18 (1) This paragraph applies to--

(a) a registered nursery education inspector or member of the Inspectorate conducting an inspection under paragraph 6, or

(b) a member of the Inspectorate monitoring such an inspection under paragraph 17.

(2) A person to whom this paragraph applies shall have at all reasonable times--

(a) a right of entry to the premises at which the relevant nursery education concerned is provided; and

(b) a right to inspect, and take copies of--

(i) any records kept by the person providing that education, and

(ii) any other documents containing information relating to the provision of that education,

which he requires for the purposes of conducting or (as the case may be) monitoring the inspection.

(3) Section 42 of the [1996 c. 57.] School Inspections Act 1996 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part I of that Act.

(4) It shall be an offence wilfully to obstruct a member of the Inspectorate or a registered nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6.

(5) Any person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) In this paragraph "documents" and "records" each include information recorded in any form.

Section 125.

SCHEDULE 27 Further provision about partnership arrangements in Wales

" SCHEDULE 5A Further provision about partnership arrangements in Wales

Interpretation

1 In this Schedule--

"the participating bodies", in relation to an arrangement, means--
(i)
the parties to the arrangement,
(ii)
the Further Education Funding Council for Wales, and
(iii)
each governing body of a school which has consented to the arrangement; and
"the parties", in relation to an arrangement, means--
(i)
each local education authority, and
(ii)
each governing body of an institution (or institutions) within the further education sector,

which is a party to the arrangement.

Approval by the Secretary of State

2 (1) An application for approval of an arrangement by the Secretary of State for the purposes of section 60A of this Act ("an application") shall be made jointly by the parties to the arrangement.

(2) An application shall be in such form and contain such information as may be prescribed by regulations.

(3) In addition, the participating bodies shall provide the Secretary of State with such further information as he may require for the purpose of deciding whether or not to grant the approval.

Termination of arrangement etc

3 (1) Subject to any provision of the arrangement to the contrary and to sub-paragraph (2) below, a partnership arrangement to which section 60A of this Act applies shall continue in force indefinitely.

(2) The Secretary of State may withdraw approval of a partnership arrangement to which section 60A of this Act applies.

(3) The Secretary of State shall exercise his powers under sub-paragraph (2) in accordance with the provisions of the arrangement.

Variation of arrangement

4 (1) The parties to a partnership arrangement to which section 60A of this Act applies shall not make any change to the arrangement except--

(a) with the consent of the other participating bodies, and

(b) if the change amounts to a significant change to the arrangement, with the consent of the Secretary of State.

(2) If a question arises whether a change to an arrangement would be a significant change, that question shall be determined by the Secretary of State.

Interpretation of existing enactments

5 (1) Regulations may provide--

(a) for any reference in an enactment to secondary education to be construed as including further education provided under a partnership arrangement to which section 60A of this Act applies, and

(b) for any enactment containing such a reference to apply in relation to such further education with such modifications (if any) as may be specified in the regulations.

(2) In sub-paragraph (1), enactment includes an enactment comprised in subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation Act 1978). "

Section 135.

SCHEDULE 28 Amendments relating to school and nursery inspections

Part I School inspections

Introductory

1 In this Part of this Schedule "the 1996 Act" means the [1996 c. 57.] School Inspections Act 1996.

Persons who may be registered inspectors

2 In section 7(3) of the 1996 Act (registration of inspectors), at the end there shall be added--

" and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this subsection. "

Decisions of Chief Inspector having immediate effect

3 In section 9(3)(a) of the 1996 Act (circumstances where Chief Inspector's decision to revoke registration may take immediate effect), the words "are exceptional and" shall be omitted.

Enrolment of persons to act as team members

4 (1) For paragraph 3(1) of Schedule 3 to the 1996 Act (inspection teams) there shall be substituted--

" (1) Every inspection shall be conducted by a registered inspector with the assistance of a team (an "inspection team") consisting of persons who are enrolled in the list kept by the Chief Inspector under paragraph 3A. "

(2) After paragraph 3 of that Schedule there shall be inserted--

" Enrolment of persons to act as team members

3A (1) The Chief Inspector shall keep a list of persons who may act as members of an inspection team ("the list"); and no person shall act as a member of an inspection team unless he is enrolled in the list.

(2) The Chief Inspector shall not enrol any person in the list unless, having regard to any conditions that he proposes to impose under section 7(5)(c) (as it applies in accordance with sub-paragraph (4) below), it appears to him that that person--

(a) is a fit and proper person for carrying out an inspection, and

(b) will be capable of assisting in an inspection competently and effectively.

(3) An application for enrolment in the list shall (except in such circumstances as may be prescribed) be accompanied by the prescribed fee.

(4) Subsections (5) to (9) of section 7 shall apply in relation to the enrolment of a person in the list and to acting as a member of an inspection team as they apply in relation to the registration of a person under subsection (1) or (2) of that section and to acting as a registered inspector.

(5) Sections 8 and 9 and Schedule 2 shall (with any necessary modifications) apply in relation to enrolment in the list and to a person so enrolled as they apply in relation to registration under section 7(1) or (2) and to a person so registered.

(6) In its application to an enrolled person in accordance with sub-paragraph (5) above, section 8 shall have effect as if the conditions mentioned in subsection (2) of that section were that--

(a) that person is no longer a fit and proper person to act as a member of an inspection team;

(b) he is no longer capable of assisting in an inspection competently and effectively;

(c) there has been a significant failure on his part to comply with any condition imposed under section 7(5)(c) (as it applies in accordance with sub-paragraph (4) above).

(7) Without prejudice to the generality of paragraph 2(1) of Schedule 2, regulations under that provision may provide that, where a person is appealing simultaneously--

(a) against a decision of the Chief Inspector relating to that person's registration, and

(b) against a decision of the Chief Inspector relating to that person's enrolment in the list,

both appeals are to be heard at the same time. "

Replacement of inspectors

5 After paragraph 8 of Schedule 3 to the 1996 Act there shall be added--

" Replacement of inspector during course of inspection

9 (1) This paragraph applies to an inspection where, at any time--

(a) after the meeting required by paragraph 6 is held, but

(b) before the making of the report of the inspection is completed,

the inspector conducting the inspection becomes (for any reason) unable to continue to discharge his functions as an inspector in relation to the inspection.

(2) If the conditions set out in sub-paragraph (3) are satisfied--

(a) the Chief Inspector may arrange for that person to be replaced as the inspector conducting the inspection by another registered inspector; and

(b) if he does so, anything done by or in relation to that person in connection with the inspection shall, so far as necessary for his effectual replacement by that other inspector, be regarded as done by or in relation to that other inspector.

(3) The conditions are--

(a) that the appropriate authority for the school concerned have given the Chief Inspector notice in writing of their agreement to the inspector mentioned in sub-paragraph (1) being replaced under this paragraph; and

(b) that the replacement inspector does not have, and has not at any time had, any connection of the kind mentioned in paragraph 3(5) with the school in question or with any other person mentioned there. "

Part II Nursery inspections

Persons who may be registered nursery education inspectors

6 In paragraph 8(3) of Schedule 1 to the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996 (registration of nursery education inspectors), at the end there shall be added--

" and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this sub-paragraph. "

Decisions of Chief Inspector having immediate effect

7 In paragraph 10(4)(a) of Schedule 1 to the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996 (circumstances where Chief Inspector's decision to revoke registration may take immediate effect), the words "are exceptional and" shall be omitted.

Powers of entry of registered nursery education inspectors

8 After paragraph 17 of Schedule 1 to the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996 there shall be added--

" Rights of entry

18 (1) This paragraph applies to--

(a) a registered nursery education inspector or member of the Inspectorate conducting an inspection under paragraph 6, or

(b) a member of the Inspectorate monitoring such an inspection under paragraph 17.

(2) A person to whom this paragraph applies shall have at all reasonable times--

(a) a right of entry to the premises at which the funded nursery education concerned is provided; and

(b) a right to inspect, and take copies of--

(i) any records kept by the person providing that education, and

(ii) any other documents containing information relating to the provision of that education,

which he requires for the purpose of conducting or (as the case may be) monitoring the inspection.

(5) Any person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) In this paragraph "documents" and "records" each include information recorded in any form. "

Section 137.

SCHEDULE 29 Amendments relating to functions of Education Transfer Council

Introductory

1 In this Schedule "the 1988 Act" means the [1988 c. 40.] Education Reform Act 1988.

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