School Inspections Act 1996

Introductory

11Application of provisions of Chapter II

(1)Except as is otherwise provided in section 15, sections 13 to 15, in their application to—

(a)inspections under section 2(2)(b), 3(1), 5(2)(b) or 6(1) by a member of the Inspectorate, or

(b)inspections under section 10,

apply irrespective of the nature of the schools inspected.

(2)Except as is otherwise provided in section 18, sections 16 to 19, in their application to such inspections, apply with respect to county, voluntary, maintained special, grant-maintained or grant-maintained special schools.

(3)Sections 20 to 22, in their application to such inspections, apply with respect to schools not falling within subsection (2) above.

(4)In this Chapter, in its application to an inspection of a school falling within subsection (2)—

• “appropriate appointing authority” means, in relation to any aided or special agreement school—

  (a)

  the appropriate diocesan authority, if it is a Church of England school, Church in Wales school or Roman Catholic Church school, and

  (b)

  in any other case, the person who appoints the foundation governors; and

• “appropriate authority”—

  (a)

  in relation to any county, voluntary or maintained special school, means the school’s governing body or, if the governing body do not have a delegated budget, the local education authority, and

  (b)

  in relation to a grant-maintained or grant-maintained special school, means the school’s governing body.

(5)In this Chapter, in its application to an inspection of a school falling within subsection (3), “appropriate authority” means—

(a)in the case of a school falling within paragraph (e), (f) or (g) of section 10(3), the proprietor of the school;

(b)in the case of a maintained nursery school whose governing body does not have a delegated budget, the local education authority; and

(c)in any other case, the school’s governing body.

(6)In this Chapter “section 10 inspection” means an inspection under section 10.

12Inspections by members of the Inspectorate

(1)Where an inspection of a school is required under section 10 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.

(2)Where such an inspection is conducted by a member of the Inspectorate by virtue of this section, the following provisions, namely—

(a)section 10(1), (2) and (5) and Schedule 3, and

(b)section 13(1),

shall (unless the context otherwise requires) have effect in relation to the inspection as if the member of the Inspectorate were a registered inspector.

(3)If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 5(2)(b) or 6(1), that inspection shall be treated for the purposes of the relevant provisions—

(a)as if it were an inspection under section 10, and

(b)in the case of sections 10(1) and (2) and 13(1), as if the member of the Inspectorate were a registered inspector.

(4)In subsection (3) “the relevant provisions” means sections 10(1) and (2), 13(1) and 14 and—

(a)(in the case of an inspection of a school falling within section 11(2)) sections 16 to 19; and

(b)(in the case of an inspection of a school falling within section 11(3)) sections 20 to 22.