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

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  CHAPTER III
  THE COMMON INSPECTION FRAMEWORK AND JOINT INSPECTIONS
 
The Common Inspection Framework
The framework.     67. - (1) The Inspectorate and Her Majesty's Chief Inspector of Schools in England must devise a common set of principles applicable to all inspections conducted under this Part.
 
      (2) When they have settled those principles in accordance with the provisions of section 68 they must set them out in a document to be known as the Common Inspection Framework (but referred to in this Part as "the framework").
 
      (3) They must then publish the framework in such a way as they consider appropriate.
 
      (4) The first framework must be settled and come into effect by such date as the Secretary of State may direct.
 
      (5) The Inspectorate and the Chief Inspector, acting together, may at any time revise the framework.
 
Preparation of the framework.     68. - (1) The Inspectorate and Her Majesty's Chief Inspector of Schools in England must prepare a draft of the proposed framework and publish it in such a way as they think best calculated to draw it to the attention of the public.
 
      (2) They must consult-
 
 
    (a) the Secretary of State,
 
    (b) the Learning and Skills Council for England, and
 
    (c) such other persons as they consider appropriate,
  about the draft framework, allowing at least three months for those consulted to respond.
 
      (3) In settling the terms of the framework the Inspectorate and the Chief Inspector must have regard to the results of their consultations on the draft.
 
      (4) If at any time while preparing the draft framework or settling the terms of the framework, the Inspectorate and the Chief Inspector are unable to agree on any matter-
 
 
    (a) they may refer their disagreement to the Secretary of State; and
 
    (b) must have regard to any advice that he gives them.
      (5) If they are still unable to agree on the matter they must tell the Secretary of State and comply with any direction that he gives them as to how to resolve their disagreement.
 
      (6) If the Inspectorate and the Chief Inspector propose to revise the framework they must prepare a draft of the proposed revision and publish it, together with an explanation of the effect that it would have, in such a way as they think best calculated to draw it to the attention of the public.
 
      (7) Subsections (2) to (5) apply equally to a revision of the framework.
 
 
Joint inspections
Joint inspections.     69. - (1) The Secretary of State may by regulations make provision for inspections to be carried out under this Part as joint inspections under the direction of Her Majesty's Chief Inspector of Schools in England in cases in which a person provides-
 
 
    (a) education or training of a kind that is within the remit of the Inspectorate, and
 
    (b) education or training of a kind brought within the Chief Inspector's remit by Chapter II.
      (2) The regulations may, in particular, make provision-
 
 
    (a) as to the circumstances in which a joint inspection must be conducted;
 
    (b) as to the circumstances in which a joint inspection may be conducted;
 
    (c) for establishing the circumstances of a particular case;
 
    (d) requiring a joint inspection to be conducted according to a plan prepared by the Chief Inspector in accordance with the regulations;
 
    (e) for provisions of this Part to apply in relation to a joint inspection with such modifications as may be prescribed;
 
    (f) for the preparation and publication of a single report by the Chief Inspector of the results of a joint inspection;
 
    (g) for the making by such persons as may be prescribed of written statements of proposed action (in the light of the report) and of the period within which any such action may be taken.
      (3) The person making a statement required by provision made as a result of subsection (2)(g) must-
 
 
    (a) publish it within such period, and in such manner, as may be prescribed; and
 
    (b) send copies of it to such persons as may be prescribed.
      (4) For the purposes of the law of defamation a report published in accordance with the regulations is privileged unless its publication is shown to have been made with malice.
 
      (5) Nothing in subsection (4) limits any privilege subsisting apart from that subsection.
 
 
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