Education Act 2002

60 Powers of Secretary of State to secure proper performance of [F1 local authority]'s functions E+W

(1) Section 497A of the Education Act 1996 (c. 56) (power to secure proper performance of functions of [F1 local authority]) is amended as follows.

(2) For subsection (1) there is substituted—

“(1) This section applies to a [F1 local authority]’s functions under this Act and to other functions (of whatever nature) which are conferred on them in their capacity as a [F1 local authority].”

(3) In subsection (2), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.

(4) After subsection (2) there is inserted—

“(2A) 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 [F1 local authority] in respect of any function to which 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 the previous direction the authority would fail in any respect to perform that function to an adequate standard (or at all).”

(5) Subsection (3) is omitted.

(6) For subsection (4) there is substituted—

“(4) 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.”

(7) After subsection (4) there is inserted—

“(4A) 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 authority shall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.

(4B) The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to any function) 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 is performed to an adequate standard.”

(8) For subsection (5) there is substituted—

“(5) 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 under subsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person should perform any such additional functions, the Secretary of State may have regard to financial considerations.”

(9) In subsection (6), for paragraph (b) there is substituted—

“(b) have effect for a period specified in the direction unless revoked earlier by the Secretary of State.”

(10) In subsection (7), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.

Textual Amendments

F1 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. 11(2)

Commencement Information

I1 S. 60 partly in force; s. 60 not in force at Royal Assent, see s. 216; s. 60 in force for E. at 26.7.2002 by S.I. 2002/2002, art. 3

I2 S. 60 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I