202.Under sub-paragraph (1) of paragraph 3, the Chief Inspector is to be appointed by His Majesty by Order in Council on the recommendation of the Scottish Ministers.
203.Paragraph 3(2) provides that the Scottish Ministers may recommend someone for appointment as Chief Inspector only if they consider that the individual has suitable teaching experience and relevant experience of acting in a leadership role in an educational establishment. The term “educational establishment” is undefined and so takes its natural meaning. The absence of the qualifier “relevant” before it means that section 39 does not apply, and accordingly the educational establishment might be one in Scotland or it might be one elsewhere in the world.
Schedule 2 – the Office of His Majesty’s Chief Inspector of Education in Scotland Appointment