Part IX Ancillary functions

Chapter I Ancillary functions of Secretary of State

General functions

C1C2C3C4C11C14C22C19C13C10C17C6C21C18C7C12C5C9C16C20C15497C18 General default powers.

C81

If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a body to which this section applies have failed to discharge any duty imposed on them by or for the purposes of this Act, he may make an order—

a

declaring the body to be in default in respect of that duty, and

b

giving such directions for the purpose of enforcing the performance of the duty as appear to him to be expedient.

2

The bodies to which this section applies are—

a

any F5local authorityF7in England, F1and

F2b

the governing body of any community, foundation or voluntary school F8in EnglandF6, of any community or foundation special school F8in England, or of any maintained nursery schoolF8in England.

C83

Any directions given under subsection (1)(b) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.

F44

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F45

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F36

This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).