Part IX Ancillary functions
Chapter I Ancillary functions of Secretary of State
General functions
C5C2C1C6C7C8C4F1497A Power to secure proper performance of F15local authority’s education functions .
F41
C32
If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a F8local authority are failing in any respect to perform any function to which this section applies to an adequate standard (or at all), he may exercise his powers under subsection (F13(4), (4A) or (4B)).
F92A
The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where—
a
he has given a previous direction under subsection (4), (4A) or (4B) in relation to a F8local authority in respect of any function towhich this section applies, and
b
he is satisfied that it is likely that if no further direction were given under subsection (4), (4A) or (4B) on the expiry or revocation of theprevious direction the authority would fail in any respect to perform that function to an adequate standard (or at all).
C33
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3F24
The Secretary of State may under this subsection give the authority or an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed on behalf of the authority by such person as is specified in the direction; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.
C3F54A
The Secretary of State may under this subsection direct that the function shall be exercised by the Secretary of State or a person nominated by him and that the authorityshall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.
F144AA
So far as is appropriate in consequence of a direction given under subsection (4A), a reference (however expressed) in an enactment, instrument or other document to a local authority is to be read as a reference to the person by whom the function is exercisable.
4AB
Subsection (4AC) applies if a direction given under subsection (4A) expires or is revoked without being replaced.
4AC
So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the local authority to which the direction was given.
C34B
The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to anyfunction) give the authority or an officer of the authority such other directions as the Secretary of State thinks expedient for the purpose of securing that the function isperformed to an adequate standard.
F65
Where the Secretary of State considers it expedient that—
a
in the case of directions given under subsection (4), the person specified in the directions, or
b
in the case of directions given under subsection (4A), the Secretary of State or a person nominated by him,
should perform other functions to which this section applies in addition to the function to which subsection (2) or (2A) applies, the directions undersubsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person shouldperform any such additional functions, the Secretary of State may have regard to financial considerations.
C36
Any direction under this section may either—
a
have effect for an indefinite period until revoked by the Secretary of State, or
F7b
have effect for a period specified in the direction unless revoked earlier by the Secretary of State.
C37
Any direction given under subsection F11(4), (4A) or (4B) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.
F108
This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).