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Part IU.K. Measures to raise standards of school education

Chapter IVE+W Intervention in schools [F1in Wales] causing concern

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 1 Chapter 4: Power to modify conferred (prosp.) by Education Act 2002 (c. 32), ss. 25, 216 (with ss. 210(8), 214(4))

C2Pt. 1 Ch. 4: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 25(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

Intervention by [F2Assembly]E+W

Textual Amendments

18 Power of [F3Assembly] to appoint additional governors.E+W

[F4(1)If at any time section 15 applies to a maintained school by virtue of either of the following provisions of that section, namely—

(a)subsection (4)(school [F5requiring significant improvement]), or

(b)subsection (6)(school requiring special measures),

[F6the Assembly] may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.]

(2)Before making any such appointment in relation to a voluntary aided school, [F6the Assembly] shall consult—

(a)in the case of a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority; or

(b)in any other case, the person who appoints the foundation governors.

(3)A governor appointed under this section—

(a)shall hold office as governor for such term, and

(b)if nominated as chairman of the governing body, shall be chairman of that body for such period,

as [F6the Assembly] may determine.

(4)[F6The Assembly] may pay to any governor appointed under this section such remuneration and allowances as [F6the Assembly] may determine.

(5)In relation to any appointment made by [F6the Assembly] by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if [F7(despite anything in regulations under section 19 of the Education Act 2002)] it provided for [F6the Assembly] to appoint such number of additional governors as he thinks fit.

(6)Where [F6the Assembly] has exercised [F8the Assembly's] power under this section in relation to a school, then—

(a)in any such case—

(i)the local education authority may not exercise their power under paragraph 1 of Schedule 15 to suspend the governing body’s right to a delegated budget, and

(ii)if they have already exercised that power or their power under section 17(1), [F6the Assembly] shall, if requested to do so by the governing body, revoke the suspension; and

(b)in the case of a voluntary aided school, nothing in [F9regulations under section 19 of the Education Act 2002] shall be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by [F6the Assembly] under this section.

(7)The revocation of a suspension under subsection (6)(a) shall—

(a)be notified to the local education authority in writing; and

(b)take effect from such date as is specified in that notification.

Textual Amendments

F4S. 18(1) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(1), 216 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F5Words in s. 18(1)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 19; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F7Words in s. 18(5) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 94(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F9Words in s. 18(6)(b) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 94(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Modifications etc. (not altering text)

[F1018APower of [F11Assembly] to provide for governing body to consist of interim executive membersE+W

(1)If at any time section 15 applies to a maintained school by virtue of either of the following provisions of that section, namely—

(a)subsection (4)(school [F12requiring significant improvement]), or

(b)subsection (6)(school requiring special measures),

the [F11Assembly] may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 1A (governing bodies consisting of interim executive members).

(2)Before exercising the power conferred by subsection (1), the [F11Assembly] shall consult—

(a)the local education authority,

(b)the governing body of the school,

(c)in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3)The [F11Assembly] is not obliged to consult the persons mentioned in subsection (2)(b), (c) and (d) if the local education authority have consulted them under subsection (4) of section 16A in relation to a proposed notice under subsection (1) of that section.]

Textual Amendments

F12Words in s. 18A(1)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 20; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)

19 Power of [F13Assembly] to direct closure of school.E+W

[F14(1)If at any time section 15 applies to a maintained school by virtue of subsection (6) of that section (school requiring special measures), the [F13Assembly] may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.]

(2)Before giving a direction under subsection (1), the [F13Assembly] shall consult—

(a)the local education authority and the governing body of the school;

(b)in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority;

(c)in the case of any other foundation or voluntary school, the person who appoints the foundation governors;

F15(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)such other persons as the [F13Assembly] considers appropriate.

(3)On giving a direction under subsection (1) the [F13Assembly] shall give notice in writing of the direction to the governing body of the school and its head teacher.

(4)Where the local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in sections 29 to 33 shall apply to their discontinuance of the school under this section.

(5)In this section any reference to the discontinuance of a maintained school is to the local education authority ceasing to maintain it.

Textual Amendments

F14S. 19(1) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 45, 125(4) (with s. 119); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)