(1)The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit.
(2)Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school [F2or college]] to which the agreement relates, the inspector shall give notice of that fact
[F3(a)in the case of a school other than an independent school [F4, an alternative provision Academy that is not an independent school] or a special school, to the [F5local authority] for the area in which the school is situated;
(b)in the case of a special school which is maintained by a [F5local authority], to that authority;
(c)in any other case, to the Secretary of State].
(3)Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school [F6or college] to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall—
(a)give notice of that fact to the local authority in whose area the school [F6or college] is situated, and
(b)where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school [F6or college].
[F7(4)In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended.]
Textual Amendments
F1Ss. 87A, 87B inserted (1.1.1996) by 1995 c. 40, s. 38: S.I. 1995/2835, art. 2
F2Words in s. 87B(2) inserted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
F3S. 87B(2)(a)(b)(c) substituted for the words "to the Secretary of State" in s. 87B(2) (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(b), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
F4Words in s. 87B(2)(a) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 3 (with art. 3)
F5Words in s. 87B(2) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(12)
F6Words in s. 87B(2)(3)(a)(b) inserted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
F7S. 87B(4) substituted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(c), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
Modifications etc. (not altering text)
C1S. 87B: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)