110.Sections 69 to 70 make provision for the development of a common inspection framework for the inspection of provision of education and training within the two inspectorates’ remits.
111.The framework will be prepared in draft by HMCI and ALI and will comprise a description of the principles and the arrangements by which inspections under this Part of the Act will be conducted. They must publish the draft, and consult the Secretary of State, the LSC and other appropriate persons, providing at least three months for comments.
112.After taking account of responses, HMCI and ALI will revise the draft. If at any time in this process they are unable to agree on any matter, they may refer this to the Secretary of State for advice. In the event of further disagreement, the Secretary of State may direct HMCI and ALI, who will comply with the direction. The framework will be published and brought into effect on such date as the Secretary of State may direct. The first framework will be agreed and published in good time before the full functions of ALI and the new functions of HMCI are brought into effect in April 2001.
113.Section 71 provides for regulations to be made about joint inspections (institutions where the remit of the two inspectorates overlap), which will be under the direction of HMCI. The regulations may provide for the circumstances in which inspection must or may be carried out; the plan of inspection; and for a single report. There are further provisions for action plans after the publication of an inspection report.
114.Section 72 gives qualified privilege to reports under this Part. This means that, unless a plaintiff can establish that a comment made in the report was made maliciously, there will be no liability in tort for the contents of the report.
Commentary on Sections Part III - Inspections in England Chapter III: the common inspection framework and joint inspections