Learning and Skills Act 2000 (c. 21)

(The document as of February, 2008)

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(b) the standards achieved by those receiving that education or training; and

(c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

(2) The Chief Inspector may, without being asked to, conduct such an inspection.

(3) If financial resources have been applied by the Learning and Skills Council for England or a local education authority in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.

(4) The education or training that may be made the subject of an area inspection is any education or training within--

(a) the Chief Inspector's remit (whether as a result of this Chapter or of any other enactment); or

(b) the Adult Learning Inspectorate's remit.

(5) If, in connection with an area inspection, the Chief Inspector asks the Chief Inspector of Adult Learning for advice on a matter relating to education or training within the Inspectorate's remit, he must give such advice as he considers likely to be appropriate for the purposes of the inspection.

(6) If the Chief Inspector asks the Chief Inspector of Adult Learning to undertake a specified part of an area inspection, he must do so.

(7) A provider of education or training which is the subject of an area inspection must--

(a) provide the Chief Inspector with any information reasonably asked for by him in connection with the inspection;

(b) provide the Chief Inspector of Adult Learning with any information reasonably asked for by him in connection with the inspection.

(8) Any local education authority whose area, or part of whose area, is within the area which is the subject of an area inspection must provide the Chief Inspector with such information as the Chief Inspector may reasonably ask for in connection with the inspection.

(9) "Area inspection" means an inspection under this section.

66 Reports of area inspections

(1) On completing an area inspection, Her Majesty's Chief Inspector of Schools in England must make a written report.

(2) In preparing the report the Chief Inspector must ensure that the views of the Chief Inspector of Adult Learning in relation to the subject matter of the inspection, so far as--

(a) the Chief Inspector is aware of them, and

(b) they relate to matters within the Inspectorate's remit,

are properly recorded in the report.

(3) The Chief Inspector must send a copy of the report to--

(a) the Secretary of State,

(b) the Learning and Skills Council for England;

(d) each local education authority whose area, or part of whose area, falls within the area which is the subject of the inspection; and

(e) such other persons as he considers appropriate.

(4) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

67 Action plans following section 65 inspections

(1) This section applies if Her Majesty's Chief Inspector of Schools in England publishes a report of an area inspection conducted under section 65.

(2) The Secretary of State may direct the Learning and Skills Council for England to prepare a written statement of the action which it proposes to take in the light of the report and the period within which it proposes to take it.

(3) The Secretary of State may direct a local education authority whose area is wholly or partly in the area covered by the report to prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(4) In preparing the statement the Council or the authority must consult such persons as the Secretary of State may direct.

(5) The person making the statement must--

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

(b) send copies of it to such persons as may be so prescribed.

68 Further powers of the Chief Inspector

(1) Her Majesty's Chief Inspector of Schools in England may give advice to the Secretary of State on any matter relating to education or training of a kind brought within his remit by this Chapter.

(2) The Chief Inspector may--

(a) inspect any education or training of that kind;

(b) report to the Secretary of State on any such inspection; and

Chapter III The Common Inspection Framework and Joint Inspections

The Common Inspection Framework

69 The framework

(1) The Inspectorate and Her Majesty's Chief Inspector of Schools in England must devise a common set of principles applicable to all inspections conducted under this Part.

(2) When they have settled those principles in accordance with the provisions of section 70 they must set them out in a document to be known as the Common Inspection Framework (but referred to in this Part as "the framework").

(3) They must then publish the framework in such a way as they consider appropriate.

(4) The first framework must be settled and come into effect by such date as the Secretary of State may direct.

(5) The Inspectorate and the Chief Inspector, acting together, may at any time revise the framework.

70 Preparation of the framework

(1) The Inspectorate and Her Majesty's Chief Inspector of Schools in England must prepare a draft of the proposed framework and publish it in such a way as they think best calculated to draw it to the attention of the public.

(2) They must consult--

(a) the Secretary of State,

(b) the Learning and Skills Council for England, and

about the draft framework, allowing at least three months for those consulted to respond.

(3) In settling the terms of the framework the Inspectorate and the Chief Inspector must have regard to the results of their consultations on the draft.

(4) If at any time while preparing the draft framework or settling the terms of the framework, the Inspectorate and the Chief Inspector are unable to agree on any matter--

(a) they may refer their disagreement to the Secretary of State; and

(b) must have regard to any advice that he gives them.

(5) If they are still unable to agree on the matter they must tell the Secretary of State and comply with any direction that he gives them as to how to resolve their disagreement.

(6) If the Inspectorate and the Chief Inspector propose to revise the framework they must prepare a draft of the proposed revision and publish it, together with an explanation of the effect that it would have, in such a way as they think best calculated to draw it to the attention of the public.

(7) Subsections (2) to (5) apply equally to a revision of the framework.

Joint inspections

71 Joint inspections

(1) The Secretary of State may by regulations make provision for inspections to be carried out under this Part as joint inspections under the direction of Her Majesty's Chief Inspector of Schools in England in cases in which a person provides--

(a) education or training of a kind that is within the remit of the Inspectorate, and

(b) education or training of a kind brought within the Chief Inspector's remit by Chapter II.

(2) The regulations may, in particular, make provision--

(a) as to the circumstances in which a joint inspection must be conducted;

(b) as to the circumstances in which a joint inspection may be conducted;

(d) requiring a joint inspection to be conducted according to a plan prepared by the Chief Inspector in accordance with the regulations;

(e) for provisions of this Part to apply in relation to a joint inspection with such modifications as may be prescribed;

(f) for the preparation and publication of a single report by the Chief Inspector of the results of a joint inspection;

(g) for the making by such persons as may be prescribed of written statements of proposed action (in the light of the report) and of the period within which any such action may be taken.

(3) The person making a statement required by provision made as a result of subsection (2)(g) must--

(a) publish it within such period, and in such manner, as may be prescribed; and

(b) send copies of it to such persons as may be prescribed.

Chapter IV General

72 Defamation

(1) For the purposes of the law of defamation a report published under a provision of, or made as a result of, this Part is privileged unless its publication is shown to have been made with malice.

(2) Nothing in subsection (1) limits any privilege subsisting apart from that subsection.

Part IV Inspections in Wales

New titles

73 Inspectors of Education and Training in Wales

(1) Her Majesty's Chief Inspector of Schools in Wales is renamed Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

(2) Her Majesty's Inspectors of Schools in Wales are renamed Her Majesty's Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

(3) In any provision of, or made under, any enactment--

(a) for "Her Majesty's Chief Inspector of Schools in Wales" substitute "Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru"; and

(b) for "Her Majesty's Inspectors of Schools in Wales" substitute "Her Majesty's Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru".

74 Some defined terms

(1) In this Part--

"Council" means the National Council for Education and Training for Wales or Cyngor Cenedlaethol Cymru dros Addysg a Hyfforddiant; and
"the National Assembly" means the National Assembly for Wales.

(2) In this Part, any reference to the Chief Inspector for Wales is to be read as a reference to the person mentioned in section 73(1).

Extended remit

75 The extended remit of the Chief Inspector for Wales

(1) The following kinds of education and training are brought within the remit of the Chief Inspector for Wales by this Part--

(a) education or training for persons aged 16 or over where the provider of the education or training is given financial support by the Council or by a local education authority in Wales (either generally or for a specific purpose);

(b) education or training for persons aged 16 or over where the Council is, or a local education authority in Wales are, contemplating giving the provider of the education financial support (either generally or for a specific purpose);

(c) education or training provided for persons of compulsory school age in an institution in Wales which is within the further education sector;

(d) further education provided by a school under section 80 of the [1998 c. 31.] School Standards and Framework Act 1998;

(e) such other education or training in Wales as may be prescribed by regulations made by the National Assembly.

(2) Neither paragraph (a) nor paragraph (b) of subsection (1) applies--

(a) to education of a kind that may be inspected under the [1996 c. 57.] Schools Inspections Act 1996; or

(b) if the financial support mentioned in that paragraph is given for a specific purpose, to education or training at which that support is not directed.

Additional functions

76 Additional functions of the Chief Inspector for Wales

(1) The Chief Inspector for Wales must keep the National Assembly informed about--

(a) the quality of the education and training which is brought within the remit of the Chief Inspector for Wales by this Part;

(b) the standards achieved by those receiving that education and training; and

(c) whether the financial resources made available to those providing it are managed efficiently and used so as to provide value for money.

(2) When asked to do so by the National Assembly, the Chief Inspector for Wales must--

(a) give the National Assembly advice on such matters, relating to education and training brought within the remit of the Chief Inspector for Wales by this Part, as the National Assembly may specify;

(b) inspect such education or training, or such class of education or training, within that remit as the National Assembly may specify;

(3) The Chief Inspector for Wales is to have such other functions in connection with education and training brought within the remit of the Chief Inspector for Wales by this Part as the National Assembly may specify.

(4) The functions specified under subsection (3) may include functions with respect to training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which is brought within the remit of the Chief Inspector for Wales by this Part.

(5) In exercising functions under this Part, the Chief Inspector for Wales must have regard to--

(a) advice given by the National Assembly; and

(b) such aspects of the National Assembly's policy as the National Assembly may specify.

77 Inspections

(1) The Chief Inspector for Wales must inspect education and training brought within the remit of the Chief Inspector for Wales by this Part.

(2) Inspections are to be conducted at such intervals as may be prescribed.

(3) The Chief Inspector for Wales must report in writing on--

(a) the quality of the education or training inspected;

(b) the standards achieved by those receiving that education or training; and

(c) whether the financial resources made available to the provider of the education or training are managed efficiently and used in a way which provides value for money.

(4) The report under subsection (3) must be made within such period as may be prescribed.

(5) The Chief Inspector for Wales must without delay send a copy of the report under subsection (3) to--

(a) the National Assembly;

(b) the Council;

(d) the provider of the inspected education or training.

(6) Copies may also be sent to such other persons as the Chief Inspector for Wales considers appropriate.

(7) A copy may be supplied under subsection (6) free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the Chief Inspector for Wales may determine.

(8) The Chief Inspector for Wales must arrange for the report to be published in such manner as he considers appropriate.

(9) "Prescribed" means prescribed in regulations made by the National Assembly.

78 General powers

(1) The Chief Inspector for Wales may give advice to the National Assembly on any matter relating to education or training brought within the remit of the Chief Inspector for Wales by this Part.

(2) The Chief Inspector for Wales may inspect, and report on, any education or training of that kind.

(3) The Chief Inspector for Wales may inspect any education or training--

(a) which is not of that kind, but

(b) which would be if it were funded in one of the ways mentioned in section 75,

if the provider of the education or training asks the Chief Inspector for Wales to do so.

(4) The Chief Inspector for Wales may charge for the cost of an inspection conducted under subsection (3).

(5) Subsections (5) to (8) of section 77 apply to a report under subsection (2) as they apply to a report under that section.

(6) The Chief Inspector for Wales may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.

79 Right of entry and offences

(1) When conducting an inspection under this Part, the Chief Inspector for Wales has, at all reasonable times--

(a) a right of entry to premises on which the education or training being inspected is provided;

(b) a right of entry to premises of the provider of that education or training which are used in connection with that provision;

(c) a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.

(2) In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (1) may be exercised only if the employer has been given reasonable notice in writing.

(3) The right to inspect records conferred by subsection (1)(c) includes the right to have access to, and to 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 in question.

(4) That right also includes the right to such assistance from--

(a) the person by whom or on whose behalf the computer is or has been so used, or

(b) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

as the Chief Inspector for Wales may reasonably require.

(5) It is an offence wilfully to obstruct the Chief Inspector for Wales in the exercise of functions in relation to an inspection under this Part.

(6) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

80 Action plans

(1) This section applies if the Chief Inspector for Wales publishes a report of an inspection.

(2) But it does not apply to a report of an inspection conducted--

(a) as a result of a request under section 78(3); or

(b) under section 83.

(3) The provider of the education or training which is the subject of the report must prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it.

(4) The person making the statement must--

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and

(b) send copies of it to such persons as may be so prescribed.

81 Inspections of careers services etc

In the [1998 c. 30.] Teaching and Higher Education Act 1998, after section 35, insert--

" 35A Inspection of other careers services etc. in Wales

(1) This section applies if a person ("A") who provides a relevant service to which section 35(1) applies also provides education, training or an advisory service--

(a) in pursuance of arrangements made by the National Assembly for Wales under section 2 of the Employment and Training Act 1973; or

(b) with the assistance of a grant or loan made under section 12(1) of the Industrial Development Act 1982.

(2) The Chief Inspector for Wales shall, if requested to do so by the National Assembly for Wales, arrange for A to be inspected under this section.

(3) A request may relate to more than one person and shall specify--

(a) the person or persons concerned, and

(b) the education, training or advisory service to which the inspection is to relate.

(4) An inspection under this section is to consist of a review of the way in which A is providing the education, training or advisory service specified in the request.

(5) Before making a request, the National Assembly for Wales must consult the Chief Inspector for Wales as to the matters to be specified in the request.

(6) Subsections (6) to (6C) of section 35 apply in relation to an inspection under this section as they apply in relation to an inspection under that section.

(7) In this section "the Chief Inspector for Wales" means Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru. "

82 Inspections of education and training provided under 1973 Act arrangements

(1) The Chief Inspector for Wales may, at the request of the Secretary of State or the Adult Learning Inspectorate, inspect any education or training provided in Wales by the Secretary of State in accordance with arrangements made under section 2 of the [1973 c. 50.] Employment and Training Act 1973.

(2) A report of an inspection conducted under this section at the request of the Secretary of State must be given to the Secretary of State.

(3) The Secretary of State may arrange for the report to be published in such manner as he considers appropriate.

(4) A report of an inspection conducted under this section at the request of the Adult Learning Inspectorate must be given to that Inspectorate.

(5) The Adult Learning Inspectorate may arrange for the report to be published in such manner as it considers appropriate.

(6) The Chief Inspector for Wales must send a copy of any report under subsection (2) or (4) to the National Assembly.

83 Area inspections

(1) If asked to do so by the National Assembly, the Chief Inspector for Wales must inspect--

(a) the quality and availability of a specified description of education or training, in a specified area in Wales, for persons who are aged 16 or over;

(b) the standards achieved by those receiving that education or training; and

(c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

(2) The Chief Inspector for Wales may, without being asked to, conduct such an inspection.

(3) If financial resources have been applied by the Council or a local education authority in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.

(4) The education or training that may be made the subject of an area inspection is any education or training within the remit of the Chief Inspector for Wales (whether as a result of this Part or of any other enactment).

(5) A provider of education or training which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.

(6) The Council and any local education authority within the area which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.

(7) The National Assembly may by regulations make further provision with respect to the obligation to provide information imposed by this section.

(8) On completing an area inspection, the Chief Inspector for Wales must make a written report.

(9) Subsections (4), (5)(a) to (c) and (6) to (9) of section 77 apply to a report under this section as they apply to a report under that section.

(10) "Area inspection" means an inspection under this section.

84 Action plans following section 83 inspections

(1) This section applies if the Chief Inspector for Wales publishes a report of an area inspection conducted under section 83.

(2) The National Assembly may direct the Council to prepare a written statement of the action which it proposes to take in the light of the report and the period within which it proposes to take it.

(3) The National Assembly may direct a local education authority whose area is wholly or partly in the area covered by the report to prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(4) In preparing the statement the Council or the authority must consult such persons as the National Assembly may direct.

(5) The person making the statement must--

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and

(b) send copies of it to such persons as may be so prescribed.

85 Studies across Wales or of provision made outside Wales

(1) The National Assembly may direct the Chief Inspector for Wales to carry out--

(a) a survey of Wales, or of a specified area within Wales, in respect of specified matters relating to policy concerned with education or training for persons aged 16 or over; or

(b) a comparative study of the provision made outside Wales in respect of specified matters relating to such education or training.

(2) The Chief Inspector for Wales may, without being directed to, carry out a survey or study of that kind.

86 Annual reports

(1) The annual report of the Chief Inspector for Wales required by section 5(7)(a) of the [1996 c. 57.] School Inspections Act 1996 must include an account of the exercise of functions of the Chief Inspector for Wales under this Part.

(2) The power conferred by that section to make other reports includes a power to make reports with respect to matters relating to education or training which is brought within the remit of the Chief Inspector for Wales by this Part.

87 Annual plan of the Chief Inspector for Wales

(1) The Chief Inspector for Wales must, for the purposes of the consultation required under section 104(4) of the 1998 Act (funding of HM Chief Inspector of Education and Training for Wales), prepare a plan for each financial year.

(2) The plan must be submitted to the National Assembly by such time before the beginning of the financial year to which it relates as the National Assembly may direct.

(3) The plan must contain estimates of--

(a) the expenditure necessary, in the financial year to which the plan relates, in order to secure that the functions of the Chief Inspector for Wales are discharged effectively; and

(b) the income which the Chief Inspector for Wales will receive in that financial year and which may be applied towards meeting the expenses of the Chief Inspector for Wales.

(4) The plan must also contain proposals for the management of any funds which may be provided by the National Assembly for that financial year.

(5) The Chief Inspector for Wales may, after the plan has been approved under section 104(4A) of the 1998 Act, publish it in such manner and at such time as appear to the Chief Inspector for Wales to be appropriate.

(6) "The 1998 Act" means the [1998 c. 38.] Government of Wales Act 1998.

88 Defamation

(1) For the purposes of the law of defamation, any report under this Part is privileged unless its publication is shown to have been made with malice.

(2) Nothing in subsection (1) limits any privilege subsisting apart from that subsection.

Part V Miscellaneous and general

Further Education Funding Councils

89 Dissolution of FEFC for England

(1) On the appointed day--

(a) the Further Education Funding Council for England shall be dissolved, and

(b) all property, rights and liabilities to which it was entitled or subject immediately before that day shall by virtue of this section become property, rights and liabilities of the Learning and Skills Council for England.

(2) The appointed day is the day appointed under section 154 for the commencement of this section.

90 Preliminary transfers: FEFC for England

(1) The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of the Further Education Funding Council for England to any of the listed transferees.

(2) The listed transferees are--

(a) the Secretary of State;

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