[F1(1)]If the Secretary of State is satisfied, either on complaint by any person interested or otherwise, that an education authority, F2... the managers of a school or educational establishment, or other persons have failed to discharge any duty imposed on them by or for the purposes of this Act or of any other enactment relating to education, the Secretary of State may make an order declaring them to be in default in respect of that duty and requiring them before a date stated in the order to discharge that duty. If by the said date the education authority, F2... managers or other persons have not discharged the duty, one or other of the following steps may be taken to secure the discharge thereof—
(a)the Secretary of State may make such arrangements as he thinks fit for the discharge of the duty, and all expenses incurred by the Secretary of State in so doing shall be recoverable as a debt due by the authority, managers or other persons to the Secretary of State; or
(b)the Court of Session may, on the application of the Lord Advocate, order specific performance of the duty.
[F3(2) Without prejudice to the generality of subsection (1) above, in that subsection the expression “ enactment ” includes—
(a)an Act of the Scottish Parliament but only in so far as it is an Act which relates to school education; and
(b)an order, regulation, rule or other instrument which has effect by virtue of an Act of the Scottish Parliament but only in so far as it is an instrument which so relates.]
[F4(3)Despite subsection (2), no order under subsection (1) may be made in respect of a failure by an education authority that is of a type mentioned in subsection (4).
(4)The types of failure are—
(a)a failure mentioned in section 18(3) of the Education (Additional Support for Learning) (Scotland) Act 2004 (“the 2004 Act”) (references to an Additional Support Needs Tribunal for Scotland),
(b)a failure in relation to a decision or information mentioned in section 18(3) of the 2004 Act,
(c)a failure mentioned in section 18(5A) or (5B) of the 2004 Act,
(d)where a failure mentioned in paragraph (a), (b) or (c) also constitutes a failure to discharge the duty imposed by section 4 of the 2004 Act, a failure under that section that is so constituted.
(5)The Scottish Ministers may by regulations make provision for or in connection with the procedure to be followed in relation to—
(a)the investigation of an alleged failure by an education authority, the managers of a school or educational establishment or other person to discharge a duty mentioned in subsection (1),
(b)the determination of whether to make an order under that subsection.
(6)Regulations under subsection (5) may—
(a)include transitional, transitory or saving provision,
(b)make different provision for different purposes.
(7)Before making any regulations under subsection (5), the Scottish Ministers must consult such persons as they consider appropriate.]
Textual Amendments
F1S. 70 renumbered as s. 70(1) (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 3(8); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F2Words in s. 70(1) repealed (1.8.2007) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), s. 24(2), sch.; S.S.I. 2007/31, art. 2(b), sch. 2
F3S. 70(2) added (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 3(8); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F4S. 70(3)-(7) inserted (1.1.2017 for specified purposes, 10.1.2018 in so far as not already in force) by Education (Scotland) Act 2016 (asp 8), ss. 24, 33(2); S.S.I. 2016/386, reg. 2, sch.; S.S.I. 2017/164, reg. 2, sch. (as amended by S.S.I. 2017/352, reg. 2)
Modifications etc. (not altering text)
C1S. 70 applied by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s.7(8)
C2S. 70: functions transferred (temp. 20.5.1999 to 1.7.1999) by S.I. 1999/901, art. 5, Sch. ; S.I. 1998/3178, art. 3
s. 70: functions transferred (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1; S.I. 1998/3178, art. 3
C3S. 70 excluded by 2010 c. 15, s. 87(2) (as amended) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 3(b)