Education Act 1996

[F1 497A Power to secure proper performance of LEA’s functions. E+W

[F2 (1) This section applies to a local education authority’s functions under this Act and to other functions (of whatever nature) which are conferred on them in their capacity as a local education authority.]

(2) If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a local education authority are failing in any respect to perform any function to which this section applies to an adequate standard (or at all), he may exercise his powers under subsection ([F3 (4), (4A) or (4B)]).

[F4 (2A) The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where—

(a) he has given a previous direction under subsection (4), (4A) or (4B) in relation to a local education authority in respect of any function towhich this section applies, and

(b) he is satisfied that it is likely that if no further direction were given under subsection (4), (4A) or (4B) on the expiry or revocation of theprevious direction the authority would fail in any respect to perform that function to an adequate standard (or at all).]

(3) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (4) The Secretary of State may under this subsection give the authority or an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed on behalf of the authority by such person as is specified in the direction; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.]

[F7 (4A) The Secretary of State may under this subsection direct that the function shall be exercised by the Secretary of State or a person nominated by him and that the authorityshall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.

(4B) The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to anyfunction) give the authority or an officer of the authority such other directions as the Secretary of State thinks expedient for the purpose of securing that the function isperformed to an adequate standard.]

[F8 (5) Where the Secretary of State considers it expedient that—

(a) in the case of directions given under subsection (4), the person specified in the directions, or

(b) in the case of directions given under subsection (4A), the Secretary of State or a person nominated by him,

should perform other functions to which this section applies in addition to the function to which subsection (2) or (2A) applies, the directions undersubsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person shouldperform any such additional functions, the Secretary of State may have regard to financial considerations.]

(6) Any direction under this section may either—

(a) have effect for an indefinite period until revoked by the Secretary of State, or

[F9 (b) have effect for a period specified in the direction unless revoked earlier by the Secretary of State.]

(7) Any direction given under subsection [F10 (4), (4A) or (4B)] shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.]

Textual Amendments

F1 S. 497A inserted (1.10.1998) by 1998 c. 31, s. 8 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch.1 Pt. I.

F2 S. 497A(1) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F3 Words in s. 497A(2) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F4 S. 497A(2A) inserted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(4), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F5 S. 497A(3) repealed (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(5), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F6 S. 497A(4) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(6), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F7 S. 497A(4A)(4B) inserted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F8 S. 497A(5) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(8), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F9 S. 497A(6)(b) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(9), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F10 Words in s. 497A(7) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(10), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

Modifications etc. (not altering text)

C1 Ss. 495-498 modified (1.4.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 34(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.

C2 S. 497A applied (with modifications) (1.3.2005 for E.) by Children Act 2004 (c. 31), s. 50(1)-(3), (5)(6), 67(7)(e); S.I. 2005/394, art. 2(1)(f)

C3 S. 497A modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9),144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

C4 S. 497A applied (with modifications) (1.4.2007) by Childcare Act 2006 (c. 21), s. 15(3)(5)(6), 109(2); S.I. 2007/1019, art. 3

C5 S. 497A applied (with modifications) (31.8.2008) by Childcare Act 2006 (c. 21), s. 29(3)(5)(6), 109(2); S.I. 2008/17, art. 2(a)