Education Act 2005

Chapter 7E+WSupplementary

58Inspection of computer recordsE+W

A person authorised by any provision of this Part to inspect records or other documents—

(a)is entitled at any reasonable time 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

(b)may require—

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

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

to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form).

59Combined reportsE+W

(1)For the purposes of this section “the inspection enactments” are—

(a)this Part,

[F1(b)Part 2 of the Children and Families (Wales) Measure 2010 (child minding and day care for children),]

(c)section 122 of, and Schedule 26 to, the School Standards and Framework Act 1998 (c. 31) (inspection of nursery education[F2in Wales] ), F3...

(d)Chapter 1 of Part 10 of the Education Act 2002 (c. 32) (regulation of independent schools[F4in Wales]), [F5F6...

(e)Chapters 2 and 3 of Part 3 of the Childcare Act 2006 (regulation of early years and later years provision in England)][F7, and

(f)Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational provision in England).]

(2)Where, following inspections conducted under two or more inspection enactments by one person or two or more different persons, that person is (or those persons are) required to make a report under each of those enactments, nothing in any of those enactments is to be regarded as preventing him (or them) from—

(a)including those reports in a single document (“a combined report”), and

(b)to such extent as he considers (or they consider) appropriate, combining the substantive reports required by those enactments.

[F8(2A)Subsection (2) does not apply so as to authorise the making of a combined report by the Chief Inspector for England (as to which section 152 of the Education and Inspections Act 2006 applies instead).]

(3)Where a combined report is made, any reference in the inspection enactments to the publication of a report, or to the giving, or making available, to any person of a copy of a report is to be read so far as necessary as a reference to the publication of the combined report, or to the giving or making available to that person of a copy of the combined report.

(4)The Chief Inspector [F9for Wales]may arrange for a combined report to be published in any manner he considers appropriate, but this subsection does not limit any duty as to publication imposed by any of the inspection enactments.

[F10(5)In this section—

• “ the Chief Inspector for England ” means Her Majesty's Chief Inspector of Education, Children's Services and Skills; and

• “ the Chief Inspector for Wales ” means Her Majesty's Chief Inspector of Education and Training in Wales. ]

60Repeal of School Inspections Act 1996E+W

The School Inspections Act 1996 (c. 57) (which is superseded by the provisions of this Part) shall cease to have effect.

61Further amendments relating to school inspectionE+W

Schedule 9 contains further amendments related to the provisions of this Part.

62Power of Assembly to change inspection framework for WalesE+W

(1)The Assembly may by order—

(a)make provision in relation to Wales corresponding to—

(i)that made in relation to England by any English inspection provision, or

(ii)that which could be made in relation to England by regulations under any English inspection provision,

(b)repeal any Welsh inspection provision which does not correspond to an English inspection provision, and

(c)make such provision as the Assembly thinks fit in connection with any provision made by virtue of paragraph (a) or (b).

(2)In relation to section 39 (statement to be prepared by appropriate authority for maintained school), the power conferred by paragraph (b) of subsection (1) includes power, instead of repealing the section, to limit the cases in which it applies.

(3)The powers conferred by paragraphs (a) and (c) of subsection (1) include power to amend or repeal any enactment (whenever passed or made), including any provision of this Act.

(4)For the purposes of this section—

(a)an English inspection provision is any provision of—

(i)Chapters 1 and 2,

(ii)sections 48 and 49 (denominational education in England),

(iii)Schedule 26 to the School Standards and Framework Act 1998 (c. 31) (nursery education), so far as relating to England, or

[F11(iv)sections 106 to 113 of the Education and Skills Act 2008 (independent educational institutions in England),]

(b)a Welsh inspection provision is any provision of —

(i)Chapters 3 and 4,

(ii)section 50 and Schedule 6 (denominational education in Wales),

(iii)section 52 (provision of inspection services by [F12local authorities] in Wales),

(iv)Schedule 26 to the School Standards and Framework Act 1998 (nursery education), so far as relating to Wales, or

(v)sections 163 and 164 of the Education Act 2002 (independent schools in Wales).

(5)In this section “enactment” includes an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978 (c. 30).

63Interpretation of Part 1E+W

(1)In this Part—

• “Church of England school”, “Church in Wales school”, “Roman Catholic Church school” and “appropriate diocesan authority”, in each case, have the meaning given by section 142 of the School Standards and Framework Act 1998 (c. 31);

• “delegated budget” has the same meaning as in section 49 of the School Standards and Framework Act 1998;

• “denominational education” has the meaning given by section 47.

(2)References in this Part to special measures being, or not being, required to be taken in relation to a school are to be read in accordance with section 44(1).

(3)References in this Part to a school requiring, or not requiring, significant improvement are to be read in accordance with section 44(2).