S.I. No. 153/2015 - Education Act 1998 (Publication of Inspection Reports on Schools and Centres for Education) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th April, 2015.

I, JAN O’SULLIVAN, Minister for Education and Skills, in exercise of the powers conferred on me by section 33 of the Education Act 1998 (No. 51 of 1998) (as adapted by the Education and Science (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 184 of 2010 )), and having consulted with patrons, national associations of parents, recognised school management organisations and recognised trade unions and staff associations representing teachers, hereby make the following Regulations:

1. These Regulations may be cited as the Education Act 1998 (Publication of Inspection Reports on Schools and Centres for Education) Regulations 2015.

2. (1) Subject to paragraph (2) and Regulation 3, the Chief Inspector shall publish, as soon as practicable after its making and in such manner as the Minister directs, each report on the inspection of a recognised school or centre for education made by an Inspector in the performance of his or her functions under clause (v) of section 13 (3)(a)(i) of the Education Act 1998 (No. 51 of 1998).

(2) This Regulation shall apply only to inspections of recognised schools or centres for education–

(a) commenced on or after 6 February 2006, and

(b) carried out in accordance with procedures determined in accordance with section 13 (8) of the Education Act 1998 (No. 51 of 1998) and published by the Minister.

3. Regulation (2) shall not apply to a report on an inspection that is carried out by an Inspector-

(a) for the purpose of–

(i) research, development and trial of new inspection practices, or

(ii) assessing the performance by a teacher of his or her duties;

(b) as a result of a grievance of a student, or his or her parents, relating to the students school;

(c) for the purpose of assessing the extent of provision of education in recognised schools or anticipated demand for provision of education in such schools;

(d) in relation to the designation by the Minister of a school or proposed school as a recognised school under Section 10 (1) of the Education Act 1998 (No. 51 of 1998);

(e) where publication of a report could, in the opinion of the Chief Inspector, reasonably be expected to prejudice the effectiveness of tests, examinations, investigations, inquiries or audits conducted by or on behalf of the Minister or another public body; or

(f) where the report would be exempt from production in proceedings in a court on the ground of legal professional privilege or its publication would constitute contempt of court.

4. The Education Act 1998 (Publication of Inspection Reports on Schools and Centres for Education) Regulations 2006 ( S.I. No. 49 of 2006 ) are revoked.

GIVEN under my Official Seal,

21 April 2015.

JAN O’SULLIVAN,

Minister for Education and Skills.