74.Section 35 provides for the appointment by the King of His Majesty’s Inspectors of Education in Scotland. Inspectors will be appointed by His Majesty by Order in Council on the recommendation of the Scottish Ministers.
75.Under subsection (2), the Scottish Ministers are to determine the number of Inspectors to be appointed by His Majesty. Subsection (3) provides that the Inspectors hold and vacate office at His Majesty’s pleasure, and otherwise operate in accordance with terms and conditions determined by the Scottish Ministers. Under subsection (4), a defect in the appointment process for an Inspector does not call into question the validity of anything done by that person.
76.Subsection (5) provides for inspectors appointed under the Education (Scotland) Act 1980 (see sections 66 and 135 of that Act) to be treated as if appointed under this section, so that existing inspectors will automatically become Inspectors under the provisions of this Act.
Overview of the Act Establishment Section 35 – His Majesty’s Inspectors of Education in Scotland