Learning and Skills Bill [H.L.] - continued        House of Lords
PART III, INSPECTIONS IN ENGLAND - continued

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  CHAPTER II
  HER MAJESTY'S CHIEF INSPECTOR OF SCHOOLS IN ENGLAND
 
The Chief Inspector's extended remit
The extended remit.     58. The following kinds of education and training are brought within the remit of Her Majesty's Chief Inspector of Schools in England by this Chapter-
 
 
    (a) education provided for pupils of compulsory school age in institutions which are in England and within the further education sector;
 
    (b) further education provided in the further education sector which is suitable to the requirements of those aged 16 or over but under 19 and funded wholly or partly by the Learning and Skills Council for England;
 
    (c) further education provided by local education authorities in England for persons aged under 19;
 
    (d) such other education or training (which may, in particular, include training of or for teachers or lecturers) as may be prescribed by regulations made by the Secretary of State.
 
Additional functions
Additional functions of the Chief Inspector.     59. - (1) Her Majesty's Chief Inspector of Schools in England must keep the Secretary of State informed about-
 
 
    (a) the quality of the education and training brought within the Chief Inspector's remit by this Chapter;
 
    (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 Secretary of State, the Chief Inspector must-
 
 
    (a) give him advice on such matters, relating to education or training brought within the Chief Inspector's remit by this Chapter, as the Secretary of State may specify;
 
    (b) inspect such education or training, or such class of education or training, within that remit as the Secretary of State may specify;
 
    (c) report on the result of an inspection conducted under this section.
      (3) The Chief Inspector is to have such other functions in connection with education and training brought within the Chief Inspector's remit by this Chapter, including functions with respect to the training of or for teachers, as the Secretary of State may specify.
 
Inspection of further education institutions.     60. - (1) Her Majesty's Chief Inspector of Schools in England must inspect all institutions within the further education sector other than those which fall wholly within the remit of the Adult Learning Inspectorate.
 
      (2) Inspections are to be conducted at such intervals as may be specified by the Secretary of State.
 
      (3) When the Chief Inspector has completed an inspection under this section he must make a written report.
 
      (4) The report-
 
 
    (a) must state whether the Chief Inspector considers the education or training inspected to be adequate to meet the reasonable needs of those receiving it; and
 
    (b) may deal with such other matters as the Chief Inspector considers relevant.
      (5) Copies of the report must be sent to-
 
 
    (a) the Secretary of State;
 
    (b) the Learning and Skills Council for England;
 
    (c) the person providing the education or training inspected.
      (6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
 
      (7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
 
      (8) For the purposes of the law of defamation the report is privileged unless its publication is shown to have been made with malice.
 
      (9) Nothing in subsection (8) limits any privilege subsisting apart from that subsection.
 
Right of entry and offences.     61. - (1) This section applies to an inspection conducted under section 59(2)(b), 60, 63, or 66(2).
 
      (2) When conducting an inspection, Her Majesty's Chief Inspector of Schools in England and any inspector taking part 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 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.
      (3) The right to inspect conferred by subsection (2)(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 Chief Inspector or any inspector such assistance as he may reasonably require.
 
      (5) It is an offence wilfully to obstruct any person exercising functions in relation to an inspection.
 
      (6) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
 
      (7) "Inspector", in relation to an inspection, means an employee of the Chief Inspector taking part in the inspection or any person appointed by the Chief Inspector to assist with the inspection.
 
Action plans.     62. - (1) This section applies if Her Majesty's Chief Inspector of Schools in England publishes a report of an inspection conducted under section 59(2)(b), 60 or 66.
 
      (2) The person providing 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.
 
      (3) 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.
      (4) The requirements of subsection (2) may be waived by the Chief Inspector.
 
 
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