Learning and Skills Bill [H.L.] - continued        House of Lords

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  PART IV
  INSPECTIONS IN WALES
 
New titles
Inspectors of Education and Training in Wales.     69. - (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".
Some defined terms.     70. - (1) In this Part-
 
 
    "Council" means the body known as the National Council for Education and Training for Wales or Cyngor Cenedlaethol Cymru dros Addysg a Hyfforddiant;
 
    "member of the Inspectorate" means-
 
      (a) any of the inspectors referred to in section 69(2); or
 
      (b) an additional inspector authorised by the Chief Inspector for Wales under paragraph 2 of Schedule 1 to the School Inspections Act 1996; 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 69(1).
 
 
Extended remit
The extended remit of the Chief Inspector for Wales.     71. - (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-
 
      (i) section 80 of the School Standards and Framework Act 1998; or
 
      (ii) a partnership arrangement to which section 60A of the Further and Higher Education Act 1992 applies;
 
    (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 Schools Inspection 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
Additional functions of the Chief Inspector for Wales.     72. - (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;
 
    (c) report on the result of an inspection conducted under this section.
      (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, including functions with respect to the training of or for teachers, as the National Assembly may specify.
 
Inspections.     73. - (1) The Chief Inspector for Wales must secure that education and training brought within the remit of the Chief Inspector for Wales by this Part is inspected by a member of the Inspectorate.
 
      (2) Inspections are to be conducted at such intervals as may prescribed.
 
      (3) The member of the inspectorate conducting an inspection under this section must report in writing to the Chief Inspector for Wales 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) On receipt of a report under subsection (3), the Chief Inspector for Wales must without delay send a copy of it to-
 
 
    (a) the National Assembly;
 
    (b) the Council;
 
    (c) any local education authority providing funds for the education or training inspected; and
 
    (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.
 
General powers.     74. - (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 arrange for any education or training of that kind to be inspected by a member of the Inspectorate.
 
      (3) The Chief Inspector for Wales may arrange for 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 71,
  to be inspected by a member of the Inspectorate 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) A report of an inspection under this section must be given to the Chief Inspector for Wales.
 
Right of entry and offences.     75. - (1) When conducting an inspection under this Part, a member of the Inspectorate and any person appointed by the Chief Inspector for Wales to assist in the inspection 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 person providing 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 require-
 
 
    (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,
  to afford the member of the Inspectorate and any person appointed by the Chief Inspector for Wales to assist in the inspection such assistance as he may reasonably require.
 
      (5) It is an offence wilfully to obstruct a person exercising 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.
 
 
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Prepared 17 December 1999