School Standards and Framework Act 1998

19 Power of [F1 Assembly] to direct closure of school. E+W

[F2 (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 [F1 Assembly] may give a direction to the [F3 local authority] requiring the school to be discontinued on a date specified in the direction.]

(2) Before giving a direction under subsection (1), the [F1 Assembly] shall consult—

(a) the [F3 local 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;

F4 (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) such other persons as the [F1 Assembly] considers appropriate.

(3) On giving a direction under subsection (1) the [F1 Assembly] shall give notice in writing of the direction to the governing body of the school and its head teacher.

(4) Where the [F3 local 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 [F3 local authority] ceasing to maintain it.

Textual Amendments

F1 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)

F2 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

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F4 S. 19(2)(ca) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 12(3), Sch. 18 Pt. 4; S.I. 2007/935, art. 5(cc)(ii)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)

C1 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

C2 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

C3 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)