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The Public Services Reform (Recovery of Expenses in respect of Inspection of Independent Further Education Colleges and English Language Schools) (Scotland) Order 2012

Type Scottish-Statutory-Instrument

Publication 2012-03-20

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Made: 20th March 2012

Coming into force in accordance with article 1

In accordance with section 25(2)(c) of the Act, the draft of this Order has been approved by resolution of the Scottish Parliament.

Citation and commencement

1

This Order may be cited as the Public Services Reform (Recovery of Expenses in respect of Inspection of Independent Further Education Colleges and English Language Schools) (Scotland) Order 2012 and comes into force on the day after the day on which it is made.

Amendment of the Education (Scotland) Act 1980

2

In section 72 of the Education (Scotland) Act 1980[^f00002] (expenses of Scottish Ministers)—

(a) in subsection (1), after “1939” insert “or recovered by virtue of subsection (3)”; and

(b) after subsection (2) insert—

(3) The Scottish Ministers may recover from an educational establishment mentioned in subsection (4) the expenses incurred in respect of an inspection of the establishment caused by the Scottish Ministers under section 66(1) following a request by the establishment. (4) An educational establishment referred to in subsection (3) is an establishment which— (a) wholly or mainly, provides “fundable further education” within the meaning of section 5 of the Further and Higher Education (Scotland) Act 2005[^f00003], and (b) is not specified in schedule 2 to that Act.

Signed

MICHAEL RUSSELL — A member of the Scottish Executive — 20th March 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends section 72 of the Education (Scotland) Act 1980 to allow the Scottish Ministers to recover from certain educational establishments, including independent further education colleges and English language schools the costs of Education Scotland (which includes the formerly named Her Majesty’s Inspectorate of Education) in carrying out an inspection of them under section 66(1) of that Act following a request from them.

Footnotes

[^f00001]: 2010 asp8.

[^f00002]: 1980 c.44.

[^f00003]: 2005 asp 6.

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