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

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  PART III
  INSPECTIONS IN ENGLAND
  CHAPTER I
  THE ADULT LEARNING INSPECTORATE
 
The Inspectorate
The Inspectorate.     50. - (1) There shall be a body corporate called the Adult Learning Inspectorate.
 
      (2) The Inspectorate is to consist of 9 members appointed by the Secretary of State.
 
      (3) The Secretary of State must appoint one of the members as chairman and another of the members as the Inspectorate's chief officer.
 
      (4) The chief officer is to be known as the Chief Inspector of Adult Learning.
 
      (5) In appointing any member, the Secretary of State must have regard to the desirability of appointing a person who has experience relevant to the Inspectorate's functions.
 
      (6) The Secretary of State may make grants to the Inspectorate of such amounts and subject to such conditions as he thinks fit.
 
      (7) The conditions may-
 
 
    (a) set the Inspectorate's budget for any of its financial years;
 
    (b) require it to use the grants for specified purposes;
 
    (c) enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any condition imposed is not complied with;
 
    (d) require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the conditions remains unpaid.
      (8) Schedule 6 contains provisions about the Inspectorate.
 
The Inspectorate's remit.     51. - (1) The Inspectorate's remit is-
 
 
    (a) further education for persons aged 19 or over which is wholly or partly funded by the Learning and Skills Council for England;
 
    (b) training for persons aged 16 or over so far as it takes place wholly or partly at the premises of an employer and is wholly or partly funded by the Council;
 
    (c) further education funded by a local education authority in England for persons aged 19 or over;
 
    (d) training for persons aged 16 or over which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973;
 
    (e) such other education or training as may be prescribed by regulations made by the Secretary of State.
      (2) Regulations made under subsection (1)(e) may include within the Inspectorate's remit training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which otherwise falls within the Inspectorate's remit.
 
      (3) "Further education" has the same meaning as it has in the Education Act 1996.
 
 
Functions of the Inspectorate and the Chief Inspector
Functions of the Inspectorate and Chief Inspector.     52. - (1) The Inspectorate must keep the Secretary of State informed about-
 
 
    (a) the quality of the education and training within its remit;
 
    (b) the standards achieved by those receiving that education and training; and
 
    (c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.
      (2) When asked to do so by the Secretary of State, the Inspectorate must give the Secretary of State advice on such matters relating to education or training within its remit as he may specify.
 
      (3) When asked to do so by the Secretary of State, the Chief Inspector of Adult Learning must conduct inspections of such education or training, or such class of education or training, within the Inspectorate's remit, at such intervals, as the Secretary of State may specify.
 
      (4) The Inspectorate is to have such other functions in connection with education and training within its remit as the Secretary of State may specify.
 
      (5) The Chief Inspector is to have such other functions in connection with education and training within the Inspectorate's remit as the Secretary of State may specify.
 
      (6) The functions specified under subsection (4) or (5) may include functions with respect to training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which falls within the Inspectorate's remit.
 
      (7) In exercising their functions, the Inspectorate and the Chief Inspector must have regard to such aspects of government policy as the Secretary of State may specify.
 
Inspections under section 52.     53. - (1) When an inspection asked for under section 52(3) has been completed, the Chief Inspector of Adult Learning must make a written report on it if asked to do so by the Secretary of State.
 
      (2) The report-
 
 
    (a) must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it; and
 
    (b) may deal with such other matters as he considers relevant.
      (3) The Chief Inspector must send copies of the report to-
 
 
    (a) the Secretary of State;
 
    (b) the Learning and Skills Council for England;
 
    (c) any local education authority providing funds for the education or training inspected; and
 
    (d) the provider of the inspected education or training.
      (4) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
 
      (5) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
 
      (6) For the purposes of the law of defamation the report is privileged unless its publication is shown to be made with malice.
 
      (7) Nothing in subsection (6) limits any privilege subsisting apart from that subsection.
 
 
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