Learning and Skills Bill [H.L.] - continued        House of Lords
PART IV, INSPECTIONS IN WALES - continued
Additional functions - continued

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Right of entry and offences.     76. - (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.
 
Action plans.     77. - (1) This section applies if the Chief Inspector for Wales publishes a report of an inspection conducted otherwise than as a result of section 75(3).
 
      (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 National Assembly; and
 
    (b) send copies of it to such persons as may be so prescribed.
Inspections of careers services etc.     78. In the Teaching and Higher Education Act 1998, after section 35, insert-
 
 
"Inspection of other careers services etc. in Wales.     35A. - (1) This section applies if a person ("A") who provides a relevant service to which section 35(1) applies also provides education, training or an advisory service-
 
    (a) in pursuance of arrangements made by the National Assembly for Wales under section 2 of the Employment and Training Act 1973; or
 
    (b) with the assistance of a grant or loan made under section 12(1) of the Industrial Development Act 1982.
      (2) The Chief Inspector for Wales shall, if requested to do so by the National Assembly, arrange for A to be inspected under this section.
 
      (3) A request may relate to more than one person and shall specify-
 
 
    (a) the person or persons concerned, and
 
    (b) the education, training or advisory service to which the inspection is to relate.
      (4) An inspection under this section is to consist of a review of the way in which A is providing the education, training or advisory service specified in the request.
 
      (5) Before making a request, the National Assembly must consult the Chief Inspector for Wales as to the matters to be specified in the request.
 
      (6) Subsections (5) to (8) of section 34 apply in relation to an inspection under this section as they apply in relation to an inspection under that section.
 
      (7) In this section "the Chief Inspector for Wales" means Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru."
 
Inspections of education and training provided under 1973 Act arrangements.     79. - (1) The Chief Inspector for Wales may, at the request of the Secretary of State or the Adult Learning Inspectorate, arrange for an inspection of any education or training provided in Wales in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to be conducted by a member of the Inspectorate.
 
      (2) A person conducting an inspection under this section, or appointed by the Chief Inspector for Wales to assist in the inspection, has the same powers in relation to the inspection as a member of the Inspectorate has when conducting an inspection under section 76.
 
      (3) A report of an inspection conducted under this section at the request of the Secretary of State must be given to the Secretary of State and to the Chief Inspector for Wales by the person conducting the inspection.
 
      (4) The Secretary of State may arrange for the report to be published in such manner as he considers appropriate.
 
      (5) A report of an inspection conducted under this section at the request of the Adult Learning Inspectorate must be given to that Inspectorate by the person conducting the inspection.
 
      (6) The Adult Learning Inspectorate may arrange for the report to be published in such manner as it considers appropriate.
 
      (7) The Chief Inspector for Wales must send a copy of any report under subsection (3) or (5) to the National Assembly.
 
Area inspections.     80. - (1) If asked to do so by the National Assembly, the Chief Inspector for Wales must inspect-
 
 
    (a) the quality and availability of a specified description of education or training, in a specified area in Wales, for persons who are aged 16 or over;
 
    (b) the standards achieved by those receiving that education or 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) The Chief Inspector for Wales may, without being directed to, arrange for such an inspection to be conducted.
 
      (3) The education or training that may be made the subject of an area inspection is any education or training within the remit of the Chief Inspector for Wales (whether as a result of this Part or of any other enactment).
 
      (4) A person providing education or training which is the subject of an area inspection must provide the Chief Inspector for Wales with any information reasonably asked for by the member of the Inspectorate who is conducting the inspection.
 
      (5) The Council and any local education authority within the area which is the subject of an area inspection must provide the Chief Inspector for Wales with such information as the person conducting the inspection may reasonably ask for in connection with the inspection.
 
      (6) The National Assembly may by regulations make further provision with respect to the obligation to provide information imposed by this section.
 
      (7) Subsections (3) to (9) of section 74 apply to a report under this section as they apply to a report under that section.
 
      (8) "Area inspection" means an inspection under this section.
 
Studies across Wales or of provision made outside Wales.     81. - (1) The National Assembly may direct the Chief Inspector for Wales to carry out-
 
 
    (a) a survey of Wales, or of a specified area within Wales, in respect of specified matters relating to policy concerned with education or training for persons aged 16 or over; or
 
    (b) a comparative study of the provision made outside Wales in respect of specified matters relating to such education or training.
      (2) The Chief Inspector for Wales may, without being directed to, carry out a survey or study of that kind.
 
Annual reports.     82. - (1) The annual report of the Chief Inspector for Wales required by section 5(7)(a) of the School Inspections Act 1996 must include an account of the exercise of functions of the Chief Inspector for Wales under this Part.
 
      (2) The power conferred by that section to make other reports includes a power to make reports with respect to matters relating to education or training which is brought within the remit of the Chief Inspector for Wales by this Part.
 
Defamation.     83. - (1) For the purposes of the law of defamation, any report under this Part is privileged unless its publication is shown to have been made with malice.
 
      (2) Nothing in subsection (1) limits any privilege subsisting apart from that subsection.
 
 
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