Version Superseded: 02/04/2010
Point in time view as at 25/05/2007.
School Standards and Framework Act 1998, Cross Heading: Appeal against suspension or refusal to revoke it is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
3[F1(1)A governing body may appeal to the Secretary of State against—E+W
(a)the imposition of any suspension under paragraph 1 of their right to a delegated budget; or
(b)any refusal of a local education authority to revoke any such suspension on a review under paragraph 2(1)(a).
(2)An appeal under this paragraph must be brought within the period of two months beginning with the date on which the governing body receive the authority’s notice under paragraph 1(2) or 2(4), as the case may be.
(3)But if the authority’s notice failed to comply with paragraph 1(4) or 2(5), such an appeal may be brought at any time before the end of the period of two months beginning with the date on which the governing body are informed by the authority in writing of their right of appeal under this paragraph.
(4)On an appeal under this paragraph, the Secretary of State—
(a)may allow or reject the appeal; and
(b)shall have regard, in making his determination, to the gravity of the default on the part of the governing body and the likelihood of its continuing or recurring.
(5)Where the Secretary of State allows an appeal under this paragraph, the suspension of the governing body’s right to a delegated budget shall be revoked from a date determined by the Secretary of State.]
Textual Amendments
F1Sch. 15 para. 3 repealed (8.2.2007 for E.) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 5 para. 6(c), Sch. 18 Pt. 6; S.I. 2006/3400, art. 4(c)(d)
Modifications etc. (not altering text)
C1Sch. 15 para. 3(1)(a) excluded (20.11.1998) by S.I. 1998/2670, reg.6
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
