Overview of the Act Functions Section 39 – Meaning of “relevant educational establishment” and “excepted establishment”
87.This section sets out the meaning of “relevant educational establishment” which will, other than excepted establishments (also defined in this section), be subject to inspection at the discretion of the Chief Inspector under section 38 (subject to any minimum frequency of inspection set by Ministers under section 38(4)). Excepted establishments are subject to inspection under section 38 too, but only at the request of the Scottish Ministers.
88.The Scottish Ministers may modify this section to amend either or both of these definitions by regulations under subsection (6), after consultation with the Chief Inspector, the Advisory Council and any others the Scottish Ministers consider it appropriate to consult. Any such regulations would be subject to the affirmative procedure.
89.The definition of “relevant educational establishment” includes schools and other places where school education is provided (such as prisons and secure care), school accommodation, further education establishments such as colleges, and higher education institutions providing teacher training. It also includes education authorities (defined by section 135(1) of the Education (Scotland) Act 1980 as meaning local authorities). Subsection (2) clarifies that a reference to an establishment which is an organisation includes a reference to its premises.
90.Subsection (3) provides higher education institutions are only subject to inspection in relation to the teacher training they provide and not in relation to their operations more generally. In addition, residential accommodation is only to be inspected in regard to the adequate safeguarding and promotion of welfare (because the accommodation will not be where the education is provided). Finally, education authorities are only to be inspected in regard to the provision of school education (because local authorities have many other functions which are not relevant to these inspections).
91.As noted above, the section also sets out the meaning of “excepted establishments” – those which the Scottish Ministers may order inspection of, but which are not to be inspected at the Chief Inspector’s instance. In brief, these are places where fundable further education is provided by a post-16 education body or where teacher training is provided. The former is already subject to review and assessment by the Scottish Funding Council (see section 13 of the Further and Higher Education (Scotland) Act 2005), and higher education institutions are similarly subject to separate quality assurance processes. As such, it is considered that there would be a risk of double inspection if the Chief Inspector took on this role.