[F128M Roles of the Secretary of State and the [F2Welsh Ministers]E+W+S
(1)If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—
(a)has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under section 28D or 28E, or
(b)has failed to discharge a duty imposed by or under either of those sections,
it may give that body such directions as to the discharge of the duty as appear to it to be expedient.
(2)Subsection (3) applies in relation to—
(a)special schools which are not maintained special schools but which are approved by the Secretary of State, or by the [F3Welsh Ministers], under section 342 of the Education Act 1996; and
(b)city academies.
(3)If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—
(a)has acted, or is proposing to act, unreasonably in the discharge of a duty which that body has in relation to—
(i)the provision to the appropriate authority of copies of that body’s accessibility plan, or
(ii)the inspection of that plan, or
(b)has failed to discharge that duty,
it may give that body such directions as to the discharge of the duty as appear to it to be expedient.
(4)Directions may be given under subsection (1) or (3) even if the performance of the duty is contingent upon the opinion of the responsible body.
(5)Subsection (6) applies if the Tribunal [F4or the Welsh Tribunal] has made an order under section 28I(3).
(6)If the Secretary of State is satisfied (whether on a complaint or otherwise) that the responsible body concerned—
(a)has acted, or is proposing to act, unreasonably in complying with the order, or
(b)has failed to comply with the order,
he may give that body such directions as to compliance with the order as appear to him to be expedient.
(7)Directions given under subsection (1), (3) or (6)—
(a)may be varied or revoked by the directing authority; and
(b)may be enforced, on the application of the directing authority, by a mandatory order obtained in accordance with section 31 of the Supreme Court Act 1981.
(8)“Appropriate authority” means—
(a)in relation to England, the Secretary of State; and
(b)in relation to Wales, the [F5Welsh Ministers].
(9)“Directing authority” means—
(a)the Secretary of State in relation to a direction given by him; and
(b)the [F6Welsh Ministers] in relation to a direction given by [F6 them].]
Textual Amendments
F1S. 28M inserted (E.W.S.) (1.9.2002 for certain purposes and 8.10.2003 in so far as not already in force) by 2001 c. 10, ss. 22, 43(3) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1; S.I. 2003/2532, art. 2, Sch.
F2S. 28M: words in heading substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.
F3Words in s. 28M(2)(a) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(3), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.
F4Words in s. 28M(5) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 11 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III
F5Words in s. 28M(8)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(4), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.
F6Words in s. 28M(9)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(5), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.