Part I U.K. Measures to raise standards of school education

Chapter IV E+W Intervention in schools [F1 in Wales] causing concern

Textual Amendments

F1 Words in Pt. 1 Ch. 4 heading inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 3; S.I. 2007/935, art. 5(cc)

Modifications etc. (not altering text)

C1 Pt. 1 Ch. 4: power to modify conferred (1.4.2003 for E., 12.4.2010 for W.) by Education Act 2002 (c. 32), ss. 25(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2010/707, art. 3(d)

Intervention by [F2 local authorities] E+W

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(3) (with Sch. 2 para. 10(4))

17 Power of [F3 local authority] to suspend right to delegated budget. E+W

(1) If at any time—

(a) this section applies to a maintained school in accordance with section 14(1), and

(b) the school has a delegated budget within the meaning of Part II of this Act,

then (subject to subsections (2) and (3)) the [F3 local authority] may, by giving the governing body of the school notice in writing of the suspension, suspend the governing body’s right to a delegated budget with effect from the receipt of the notice by the governing body.

(2) Where this section so applies in the case of a school falling within section 15(1) (school subject to formal warning), the power conferred by subsection (1) above is only exercisable within the period of two months following the end of the compliance period.

[F4 (3) Where this section so applies in the case of a school falling within section 15(4)(school [F5 requiring significant improvement]) or section 15(6)(school requiring special measures), the power conferred by subsection (1) above is exercisable only if the following conditions are satisfied, namely—

[F6 (a) the Chief Inspector has given the [F3 local authority] a notice under section F7 ... 37(2) of the Education Act 2005, and]

(b) a period of not less than ten days has elapsed since the date on which the copy was given.]

(4) The [F8 Assembly] may in respect of any particular school determine that [F9 subsection (3)(b)] shall have effect as if the reference to ten days were to such shorter period as [F10 the Assembly] may determine.

(5) A copy of a notice given under subsection (1) shall be given to the head teacher of the school at the same time as the notice is given to the governing body.

(6) A suspension imposed under this section shall have effect for the purposes of Chapter IV of Part II of this Act as if made under paragraph 1 of Schedule 15 to this Act, F11 ....

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F4 S. 17(3) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 3(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F5 Words in s. 17(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 18(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F6 S. 17(3)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 18(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F7 Words in s. 17(3) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 8(2), Sch. 18 Pt. 4; S.I. 2007/935, art. 5(cc)(ii) (with art. 8(4))

F8 Word in s. 17(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 8(3)(a); S.I. 2007/935, art. 5(cc) (with art. 8(4))

F9 Words in s. 17(4) substituted (2.9.2002 for E. and 19.12.2002 for W. ) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 3(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F10 Words in s. 17(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 8(3)(b); S.I. 2007/935, art. 5(cc) (with art. 8(4))

F11 Words in s. 17(6) repealed (8.2.2007 for E., 2.4.2010 for W.) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 5 para. 1, Sch. 18 Pt. 6; S.I. 2006/3400, art. 4(c)(d); S.I. 2010/736, art. 3(c)(d)

Modifications etc. (not altering text)

C2 S. 17 modified (E.) (2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113), reg. 4(c)

S. 17 modified (W.) (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 3(c)