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Part IU.K. Measures to raise standards of school education

Chapter IVE+W Intervention in schools [F1in Wales] causing concern

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 1 Chapter 4: Power to modify conferred (prosp.) by Education Act 2002 (c. 32), ss. 25, 216 (with ss. 210(8), 214(4))

C2Pt. 1 Ch. 4: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 25(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

Intervention by LEAsE+W

14 Powers of intervention exercisable by LEAs.E+W

(1)If at any time section 15 applies to a maintained school by virtue of any of the following provisions of that section, namely—

(a)subsection (1) (school subject to formal warning),

(b)subsection (4) (school [F2requiring significant improvement]), or

(c)subsection (6) (school requiring special measures),

the provisions mentioned in subsection (2) below (which confer powers of intervention on local education authorities) shall also apply to the school at that time unless excluded by subsection (3) below (intervention by [F3Assembly]).

F4(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Those provisions are—

(a)section 16 (power to appoint additional governors);

[F5(aa)section 16A (power to provide for governing body to consist of interim executive members);] and

(b)section 17 (power to suspend right to delegated budget).

[F6(3)Those provisions shall not apply to a school to which section 15 applies by virtue of subsection (4) or (6) of that section (school [F7requiring significant improvement] or requiring special measures) if, in connection with the same inspection falling within subsection (4)(a) or (6)(a) of that section—

(a)the [F8Assembly] has exercised in relation to the school [F8its] power under section 18 (power to appoint additional governors) and any additional governors appointed in the exercise of that power remain in office; or

(b)[F9the Assembly] has exercised in relation to the school [F9its] power under section 19 (power to direct closure of school).]

[F10(3A)In this Chapter “maintained school” means any school in Wales that is—

(a)a community, foundation or voluntary school,

(b)a community or foundation special school, or

(c)a maintained nursery school.]

[F11(4)In this Chapter—

[F12(a)“Chief Inspector” means Her Majesty's Chief Inspector of Education and Training in Wales,]

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)references to special measures being, or not being, required to be taken in relation to a school are to be read in accordance with section 44(1) of that Act, and

(d)references to a school requiring, or not requiring, significant improvement are to be read in accordance with section 44(2) of that Act.]

Textual Amendments

F5S. 14(2)(aa) inserted (2.9.2002 for E.) by Education Act 2002 (c. 32), ss. 57(1), 216 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4

F6S. 14(3) substituted (2.9.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F7Words in s. 14(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 14(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)