Education and Inspections Act 2006

[F1 60A Teachers' pay and conditions warning notice E+W

[F2 (1) A maintained school is by virtue of this section eligible for intervention if—

(a) the local authority have given the governing body a warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the compliance period”) has expired,

(c) the governing body have failed to comply, or secure compliance, with the notice to the local authority's satisfaction by the end of the compliance period, and

(d) the local authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 64 to 66.]

(2) A [local authority] may give a warning notice to the governing body of a maintained school where the authority are satisfied that—

(a) the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or

(b) the governing body have failed to secure that the head teacher of the school complies with such a provision.

(3) In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.

(4) For the purposes of this section a “warning notice” is a notice in writing by the [local authority] setting out—

(a) the matters on which the conclusion mentioned in subsection (2) is based,

(b) the action which they require the governing body to take in order to remedy those matters,

(c) [F3 the compliance period for the purposes of subsection (1)(c),] and

(d) the action which the [local authority] are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The [local authority] must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

[F5 (za) the Secretary of State,]

(a) the head teacher of the school,

(b) in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c) in the case of a foundation or voluntary school, the person who appoints the foundation governors.

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (10)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 60A inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 4; S.I. 2009/3317, art. 2, Sch.

F2 S. 60A(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F3 S. 60A(4)(c) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F4 S. 60A(5) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(2)(c), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F5 S. 60A(6)(za) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(d), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F6 Ss. 60A(7)-(10) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(2)(e), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))