Part III Administration and Finance

Central administration

66BF1Duty of Her Majesty’s Inspectors to make reference to Scottish Ministers

1

This section applies where, after an inspection under subsection (1) or (1AA) of section 66 of this Act of—

a

a public school; or

b

a grant-aided school,

Her Majesty’s Inspectors identify that a relevant person requires to take action to secure improvement in a matter relating to the school or the school education provided in it.

2

If it appears to Her Majesty’s Inspectors that—

a

having been given sufficient opportunity to secure improvement in a matter identified under subsection (1) above, the relevant person is failing or has failed to take satisfactory action to do so; and

b

having regard to the seriousness of that failure, an enforcement direction is justified,

they shall make a reference to the Scottish Ministers.

3

A reference under subsection (2) above shall—

a

be in writing;

b

specify the failure mentioned in subsection (2)(a) above; and

c

include recommendations as to the action which, in the opinion of Her Majesty’s Inspectors, the relevant person requires to take to remedy or prevent the recurrence of that failure.

4

Where Her Majesty’s Inspectors make a reference under subsection (2) above, they shall inform the relevant person of the making of that reference.

5

In this section and in sections 66C and 66D of this Act, “relevant person” means—

a

in relation to a public school, the education authority; and

b

in relation to a grant-aided school, the managers of the school.