Education Act 1996

57 Change to controlled school where governing body unable or unwilling to carry out financial obligations

(1) If at any time the governing body of an aided school are unable or unwilling to carry out all their obligations under section 59, they shall apply to the Secretary of State for an order revoking—

(a) the order made under section 48, 54 or 58 (or under section 15 of the [1944 c. 31.] Education Act 1944 or section 54 of the [1986 c. 61.] Education (No. 2) Act 1986), or

(b) the direction in an order made under section 51 (or under section 2 of the [1946 c. 50.] Education Act 1946),

by virtue of which the school is an aided school.

(2) If at any time the governing body of a special agreement school are unable or unwilling to carry out all their obligations under section 59, they shall apply to the Secretary of State for an order revoking the order made under section 15 of the Education Act 1944 by virtue of which the school is a special agreement school.

(3) For the purposes of this section the governing body of an aided school or a special agreement school shall not be regarded as unable to carry out any of their obligations under section 59 if they are able to carry them out with the benefit of assistance under section 68 of this Act.

(4) Where an application is made to him under this section, the Secretary of State shall by order revoke the order or direction in question, and the school in question shall thereupon become a controlled school in accordance with section 32(2).