Legislation – Education (Scotland) Act 2025

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Schedule 2The Office of His Majesty’s Chief Inspector of Education in Scotland

(introduced by section 33(2))

Part 1Status

Status

1

The Chief Inspector is, as Chief Inspector, to be regarded as a juristic person distinct from the individual for the time being holding the office.

Independence

2 (1)

In performing the Chief Inspector’s functions, the Chief Inspector is not subject to the direction or control of any member of the Scottish Government.

(2)

Sub-paragraph (1) is subject to any contrary provision in this or any other enactment.

Part 2Appointment and terms

Appointment

3 (1)

The office of Chief Inspector is to be held by an individual appointed by His Majesty by Order in Council on the recommendation of the Scottish Ministers.

(2)

The Scottish Ministers may recommend the appointment of an individual as the Chief Inspector only where they consider that the individual has—

(a)

suitable teaching experience, and

(b)

relevant experience of acting in a leadership role in an educational establishment.

Period and conditions of office

4 (1)

The Chief Inspector holds and vacates office at His Majesty’s pleasure.

(2)

The Scottish Ministers may determine the other terms and conditions on which the Chief Inspector is appointed.

Part 3Staff

Staff

5 (1)

The Chief Inspector may appoint staff.

(2)

Those staff are appointed on such terms and conditions as the Chief Inspector, with the approval of the Scottish Ministers, determines.

Part 4Procedure

Authority to perform functions

6 (1)

The Chief Inspector may authorise an Inspector to perform such of the Chief Inspector’s functions (and to such extent) as the Chief Inspector may determine.

(2)

Sub-paragraph (1) is without prejudice to the ability of the Deputy Chief Inspector to perform the Chief Inspector’s functions when deputising for the Chief Inspector under section 34.

(3)

The giving of authority under this paragraph to perform a function does not—

(a)

affect the Chief Inspector’s responsibility for the performance of the function, or

(b)

prevent the Chief Inspector from performing the function.

7 (1)

The Scottish Ministers may assign to an Inspector the function of deputising for the Chief Inspector during any period when both—

(a)

there is no Chief Inspector, or the Chief Inspector is unable to act, and

(b)

there is no Deputy Chief Inspector, or the Deputy Chief Inspector is unable to act.

(2)

An Inspector to whom such a function is assigned—

(a)

is assigned the function for such period as the Scottish Ministers specify in the assignment,

(b)

may resign the assignment by informing the Scottish Ministers in writing to that effect,

(c)

is assigned it, and ceases to be assigned it, in accordance with such terms and conditions as the Scottish Ministers determine.

Validity of things done

8

The validity of anything done by the Chief Inspector is not affected by a defect in a person’s appointment as Chief Inspector.