Learning and Skills Act 2000

34 In that Act for section 57 substitute—

“57 Intervention

(1) This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution within the further education sector; and it is immaterial whether or not a complaint is made by any person.

(2) These are the conditions—

(a) the Secretary of State is satisfied that the institution’s affairs have been or are being mismanaged by its governing body;

(b) he is satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c) he is satisfied that the institution’s governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d) a report regarding the institution and made by a person listed in subsection (3) indicates that the institution has serious weaknesses, or is failing or likely to fail to give an acceptable standard of education.

(3) These are the persons—

(a) Her Majesty’s Chief Inspector of Schools in England;

(b) Her Majesty’s Chief Inspector of Education and Training in Wales;

(c) the Adult Learning Inspectorate;

(d) the Chief Inspector of Adult Learning.

(4) If this section applies the Secretary of State may by order—

(a) declare which of the conditions is (or are) satisfied, and

(b) do one or more of the things listed in subsection (5).

(5) He may—

(a) remove all or any of the members of the institution’s governing body;

(b) appoint new members of that body if there are vacancies (however arising);

(c) give to that body such directions as he thinks expedient as to the exercise of their powers and performance of their duties.

(6) Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.

(7) A governing body must comply with any directions given to them under this section.

(8) An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.

(9) Section 507 of the Education Act 1996 (power to direct local inquiries) applies for the purposes of the Secretary of State’s functions under this section as it applies for the purposes of his functions under that Act.”