After section 66A of the Education (Scotland) Act 1980 (c. 44) (in this Act referred to as the “ 1980 Act ”) insert— (1) This section applies where, after an inspection under subsection (1) or (1AA) of section 66 of this Act of— (a) a public school; or (b) a grant-aided school, Her Majesty’s Inspectors identify that a relevant person requires to take action to secure improvement in a matter relating to the school or the school education provided in it. (2) If it appears to Her Majesty’s Inspectors that— (a) having been given sufficient opportunity to secure improvement in a matter identified under subsection (1) above, the relevant person is failing or has failed to take satisfactory action to do so; and (b) having regard to the seriousness of that failure, an enforcement direction is justified, they shall make a reference to the Scottish Ministers. (3) A reference under subsection (2) above shall— (a) be in writing; (b) specify the failure mentioned in subsection (2)(a) above; and (c) include recommendations as to the action which, in the opinion of Her Majesty’s Inspectors, the relevant person requires to take to remedy or prevent the recurrence of that failure. (4) Where Her Majesty’s Inspectors make a reference under subsection (2) above, they shall inform the relevant person of the making of that reference. (5) In this section and in sections 66C and 66D of this Act, “ relevant person ” means— (a) in relation to a public school, the education authority; and (b) in relation to a grant-aided school, the managers of the school.

Section 2

2. Duty of Her Majesty’s Inspectors to make reference to Scottish Ministers

After section 10 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) (in this Act referred to as the “ 2000 Act ”) insert— (1) This section applies where, after an inspection under section 9 of this Act, Her Majesty’s Inspectors identify that an education authority require to take action to secure improvement in the way the authority exercise a function in relation to the provision of school education. (2) If it appears to Her Majesty’s Inspectors that— (a) having been given sufficient opportunity to secure improvement in the way they exercise a function identified under subsection (1) above, the education authority are failing or have failed to take satisfactory action to do so; and (b) having regard to the seriousness of that failure, an enforcement direction is justified, they shall make a reference to the Scottish Ministers. (3) A reference under subsection (2) above shall— (a) be in writing; (b) specify the failure mentioned in subsection (2)(a) above; and (c) include recommendations as to the action which, in the opinion of Her Majesty’s Inspectors, the education authority require to take to remedy or prevent the recurrence of that failure. (4) Where Her Majesty’s Inspectors make a reference under subsection (2) above, they shall inform the education authority of the making of that reference.