School Standards and Framework Act 1998

Intervention by [F1 Assembly] E+W

Textual Amendments

F1 Word in s. 18 cross-heading substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 9; S.I. 2007/935, art. 5(cc)

18 Power of [F2 Assembly] to appoint additional governors. E+W

[F3 (1) If at any time section 15 applies to a maintained school by virtue of [F4 any] of the following provisions of that section, namely—

[F5 (za) subsection (1), in a case within subsection (2)(a)(iv) or (v) (school subject to teachers' pay and conditions warning),]

(a) subsection (4)(school [F6 requiring significant improvement]), or

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

[F7 the Assembly] may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.]

(2) Before making any such appointment in relation to a voluntary aided school, [F7 the Assembly] shall consult—

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

(b) in any other case, the person who appoints the foundation governors.

(3) A governor appointed under this section—

(a) shall hold office as governor for such term, and

(b) if nominated as chairman of the governing body, shall be chairman of that body for such period,

as [F7 the Assembly] may determine.

(4) [F7 The Assembly] may pay to any governor appointed under this section such remuneration and allowances as [F7 the Assembly] may determine.

(5) In relation to any appointment made by [F7 the Assembly] by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if [F8 (despite anything in regulations under section 19 of the Education Act 2002)] it provided for [F7 the Assembly] to appoint such number of additional governors as he thinks fit.

(6) Where [F7 the Assembly] has exercised [F9 the Assembly's] power under this section in relation to a school, then—

(a) in any such case—

(i) the local education authority may not exercise their power under paragraph 1 of Schedule 15 to suspend the governing body’s right to a delegated budget, and

(ii) if they have already exercised that power or their power under section 17(1), [F7 the Assembly] shall, if requested to do so by the governing body, revoke the suspension; and

(b) in the case of a voluntary aided school, nothing in [F10 regulations under section 19 of the Education Act 2002] shall be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by [F7 the Assembly] under this section.

(7) The revocation of a suspension under subsection (6)(a) shall—

(a) be notified to the local education authority in writing; and

(b) take effect from such date as is specified in that notification.

Textual Amendments

F2 Word in s. 18 heading substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 10(4); S.I. 2007/935, art. 5(cc)

F3 S. 18(1) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(1), 216 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F4 Word in s. 18(1) substituted (12.1.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 14 para. 4(a); S.I. 2009/3341, art. 2

F5 S. 18(1)(za) inserted (12.1.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 14 para. 4(b); S.I. 2009/3341, art. 2

F6 Words in s. 18(1)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 19; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F7 Words in s. 18 substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 10(2); S.I. 2007/935, art. 5(cc)

F8 Words in s. 18(5) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 94(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F9 Words in s. 18(6) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 10(3); S.I. 2007/935, art. 5(cc)

F10 Words in s. 18(6)(b) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 94(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Modifications etc. (not altering text)

C1 S. 18(1) modified (E.) (2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113), reg. 4(b)

S. 18(1) modified (W.) (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 3(b)

[F11 18A Power of [F12 Assembly] to provide for governing body to consist of interim executive members E+W

(1) If at any time section 15 applies to a maintained school by virtue of [F13 any] of the following provisions of that section, namely—

[F14 (za) subsection (1), in a case within subsection (2)(a)(iv) or (v) (school subject to teachers' pay and conditions warning),]

(a) subsection (4)(school [F15 requiring significant improvement]), or

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

the [F12 Assembly] may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 1A (governing bodies consisting of interim executive members).

(2) Before exercising the power conferred by subsection (1), the [F12 Assembly] shall consult—

(a) the local education authority,

(b) the governing body of the school,

(c) in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3) The [F12 Assembly] is not obliged to consult the persons mentioned in subsection (2)(b), (c) and (d) if the local education authority have consulted them under subsection (4) of section 16A in relation to a proposed notice under subsection (1) of that section.]

Textual Amendments

F11 S. 18A inserted (2.9.2002 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), ss. 58, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F12 Word in s. 18A and heading substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 11; S.I. 2007/935, art. 5(cc)

F13 Word in s. 18A(1) substituted (12.1.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 14 para. 5(a); S.I. 2009/3341, art. 2

F14 S. 18A(1)(za) inserted (12.1.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 14 para. 5(b); S.I. 2009/3341, art. 2

F15 Words in s. 18A(1)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 20; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)

C2 S. 18A modified (E.) (2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113), reg. 4(b)

19 Power of [F16 Assembly] to direct closure of school. E+W

[F17 (1) If at any time section 15 applies to a maintained school by virtue of subsection (6) of that section (school requiring special measures), the [F16 Assembly] may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.]

(2) Before giving a direction under subsection (1), the [F16 Assembly] shall consult—

(a) the local education authority and the governing body of the school;

(b) in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority;

(c) in the case of any other foundation or voluntary school, the person who appoints the foundation governors;

F18 (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) such other persons as the [F16 Assembly] considers appropriate.

(3) On giving a direction under subsection (1) the [F16 Assembly] shall give notice in writing of the direction to the governing body of the school and its head teacher.

(4) Where the local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in sections 29 to 33 shall apply to their discontinuance of the school under this section.

(5) In this section any reference to the discontinuance of a maintained school is to the local education authority ceasing to maintain it.

Textual Amendments

F16 Word in s. 19 and heading substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 12(2); S.I. 2007/935, art. 5(cc)

F17 S. 19(1) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 45, 125(4) (with s. 119); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F18 S. 19(2)(ca) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 12(3), Sch. 18 Pt. 4; S.I. 2007/935, art. 5(cc)(ii)

Modifications etc. (not altering text)

C3 S. 19 applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 4

C4 S. 19 applied (with modifications) (23.4.2007) by The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007 (S.I. 2007/1069), reg. 1(1), Sch. 1 para. 4

C5 S. 19(1) modified (E.) (2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113), reg. 4(b)

S. 19(1) modified (W.) (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 3(b)

[F19 19ZA Power of Welsh Ministers to direct LEA to give warning notice: teachers' pay and conditions E+W

(1) This section applies if the Welsh Ministers think that the conditions in subsections (2) and (3) are met.

(2) The condition is that there are reasonable grounds for a local education authority to give a warning notice to the governing body of a maintained school under section 15(2)(a)(iv) or (v) (teachers' pay and conditions warning notice).

(3) The condition is that one of the following applies in relation to those grounds—

(a) the authority have not given a warning notice to the governing body under section 15 on those grounds, or have not given a copy to the head teacher at the same time;

(b) the authority have given a warning notice to the governing body under section 15, but in inadequate terms;

(c) section 15 applies to the school on those grounds by virtue of subsection (1) of that section, but the period of two months following the end of the compliance period (as defined by section 15(3)(c)) has ended.

(4) The Welsh Ministers may direct the local education authority to consider giving a warning notice to the governing body under section 15(2)(a)(iv) or (v) in the terms specified in the direction.

(5) If the Welsh Ministers give a direction under subsection (4) to a local education authority in respect of a governing body, the authority must—

(a) give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,

(b) when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and

(c) give the Welsh Ministers the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.

(6) The local education authority's response to the direction must do one of the following—

(a) state that the authority have decided to give a warning notice to the governing body in the specified terms;

(b) state that the authority have decided not to give a warning notice to the governing body in those terms.

(7) If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—

(a) give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 15(2)(a)(iv) or (v)), and

(b) on the same day as they do so, give the Welsh Ministers a copy of the notice.

(8) If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—

(a) the response must set out the authority's reasons for the decision, and

(b) the Welsh Ministers may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 15(2)(a)(iv) or (v)).

(9) If the Welsh Ministers direct the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—

(a) comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and

(b) on the same day as they do so, give the Welsh Ministers a copy of the notice.

(10) Subsections (7)(b) and (9)(b) apply in addition to section 15(1)(a)(ii).

(11) A direction under this section must be in writing.

(12) In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Wales.]

Textual Amendments

F19 S. 19ZA inserted (12.1.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 14 para. 6; S.I. 2009/3341, art. 2