Joint Committee on Statutory Instruments Twelfth Report


APPENDIX VII

Memorandum by the Department for Education and Employment


EDUCATION (SCHOOL INSPECTION) REGULATIONS 1997 (S.I. 1997/1966)

  The Joint Committee asked the following questions:

    "(1)   Regulation 4(1)(a) prescribes a period during which the Chief Inspector is to secure that certain primary and secondary schools are inspected, and the period is expressed to begin at a date, 1 September 1994, before these regulations come into force. Explain the effect of imposing this duty in relation to the period between 1 September 1994 and 1 September 1997 when these regulations came into force.

    (2)   The same question as respects the requirement imposed by regulation 12(1)(b) (denominational schools)."

  Question (1): These Regulations consolidate the Eduation (School Inspection) (No. 2) Regulations 1993 as amended. Regulation 4(1)(a) sets out the period during which the Chief Inspector must secure that the first inspection of a school falling within that regulation is to be carried out. As the Regulations are a consolidating measure they repeat the whole of that period, including the period prior to the date the Regulations came into force.

  The Department does not consider that it is appropriate to isolate a part of the prescribed period only. Rather, the Department considers that it is clear that, to take regulation 4(1)(a)(i) as an example, a school falling within that provision must be inspected between 1 September 1994 and 1 August 1999 on one occasion. It follows that such a school which was inspected between 1 September 1994 and 1 September 1997 falls subsequently to be inspected in accordance with the full-out words to regulation 4(1)(a) and that such a school which was not inspected between 1 September 1994 and 1 September 1997 must be inspected before 1 August 1999 (and thereafter in accordance with the full-out words).

  In the Department's view, therefore, the effect of including a reference to the period before the Regulations come into force is to make clear the Chief Inspector's duty.

  Question (2): The Department responds in the same way as to question (1).

November 1997


 
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