Part IX Ancillary functions

Chapter I Ancillary functions of Secretary of State

General functions

497 General default powers.

(1)

If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a body to which this section applies have failed to discharge any duty imposed on them by or for the purposes of this Act, he may make an order—

(a)

declaring the body to be in default in respect of that duty, and

(b)

giving such directions for the purpose of enforcing the performance of the duty as appear to him to be expedient.

(2)

The bodies to which this section applies are—

(a)

any local education authority, F1and

F2(b)

the governing body of any community, foundation or voluntary school F3, of any community or foundation special school, or of any maintained nursery school .

(3)

Any directions given under subsection (1)(b) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.