Part II Powers over schools requiring special measures
Miscellaneous powers and restrictions
28 Suspension of right to delegated budget.
1
If at any time—
a
this section applies in relation to a county, controlled or maintained special school in respect of which financial delegation is required, and
b
the conditions in subsection (2) are satisfied,
the local education authority may by giving the governing body of the school notice of suspension suspend the right to a delegated budget with effect from the receipt by the governing body of the notice; and a copy of the notice shall be given to the head teacher of the school at the same time as the notice is given to the governing body.
2
Those conditions are that—
a
a copy of a statement prepared under section 18 has been sent to the Secretary of State;
b
the local education authority have received a notice in writing in which the Secretary of State acknowledges receipt of the copy; and
c
a period of not less than ten days has elapsed since the date of the notice.
3
The Secretary of State may in respect of any particular school determine that subsection (2)(c) shall have effect as if the reference to ten days were to such shorter period as he may determine.
4
A suspension by virtue of this section shall have effect for the purposes of Chapter V of Part II of the Education Act 1996 as if made under section 117 of that Act, but section 119(1)(a) of that Act (right to appeal against imposition of suspension) does not apply in relation to a suspension by virtue of this section.
5
Expressions used in this section and that Chapter have the same meaning as in that Chapter.