What is the legal basis for inspection and review?

Published
29/03/2018
Last updated
17/12/2025

The Education (Scotland) Act 2025 was passed in August 2025 and a newly established office of His Majesty’s Chief Inspector is being created.

The legislation moves a number of powers relating to the focus and approach of inspection from Ministers to the Chief Inspector, further strengthening the independence of inspection.

This will ensure an objective, external perspective on quality across all levels of the education system. It will provide assurance to stakeholders, fostering greater trust in the education system.

While the Education (Scotland) Act 2025 has passed, HMIE continues to operate under existing statutory duties. This includes:

  • delivering inspections
  • publishing findings
  • supporting system learning

Education (Scotland) Act 1980

Currently, Scottish Ministers’ powers relating to inspection of educational establishments and services are set out in Section 66 of the Education (Scotland) Act 1980.

The act empowers Scottish Ministers to “…cause inspection to be made of every school...” and “any other educational establishment”.

Establishments include:

  • public schools
  • post-16
  • grant aided-schools
  • early learning and childcare settings
  • independent schools

The definition of “educational establishment” in section 135(1) of the 1980 Act applies here.

HM Inspectors

Inspections of educational establishments are carried out by ‘HM Inspectors’.

HM Inspectors are defined under section 135(1) of the 1980 Act as the inspectors of schools appointed by His Majesty.

Appointment to the post of HM Inspector is subject to approval by His Majesty at a sitting of his Privy Council, hence the term His Majesty’s Inspector of Education

Inspectors are referred to in various places in education legislation as “His Majesty’s inspectors” as defined in section 135(1) of the Act to mean “the inspectors of schools appointed by His Majesty” housed within Education Scotland. HM Inspectors (HMIs) have the statutory functions of inspection conferred on them by Part III of the 1980 Act.

Where legislation refers to “His Majesty’s inspectors”, Education Scotland is responsible and accountable for the fulfilment of the duties imposed on HM Inspectors.