- Latest available (Revised)
- Original (As enacted)
This version of this provision has been superseded.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.
Education and Inspections Act 2006, Section 69B is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.
(2)The condition is that there are reasonable grounds for a [local authority] to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).
(3)The condition is that one of the following applies—
(a)the authority have not given a warning notice to the governing body under section 60A on those grounds;
(b)the authority have done so, but in inadequate terms;
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section [F360A(1)(b)]) has ended.
(4)The Secretary of State may direct the [local authority] to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.
(5)If the Secretary of State gives a direction under subsection (4) to a [local 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 Secretary of State 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 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 60A), and
(b)on the same day as they do so, give the Secretary of State 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 Secretary of State 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 60A).
(9)If the Secretary of State directs 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 Secretary of State a copy of the notice.
(10)Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).
(11)A direction under this section must be in writing.]
Textual Amendments
F1Ss. 69A, 69B inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 10; S.I. 2009/3317, art. 2, Sch.
F2S. 69B(3)(c) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(5)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))
F3Word in s. 69B(3)(d) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(5)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: