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Part 4E+WPowers of intervention

Schools causing concernE+W

F154 Duty to notify where inspection shows school causing concernE+W

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Textual Amendments

F1S. 54 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

55 Cases in which powers of intervention exercisableE+W

(1)In section 15 of the School Standards and Framework Act 1998 (c. 31) (cases in which [F2local authority] may exercise powers of intervention) for subsection (4) there is substituted—

“(4)This section applies to a maintained school by virtue of this subsection if—

(a)following an inspection of the school under Part 1 of the School Inspections Act 1996, the Chief Inspector has given the Secretary of State a notice under subsection (2) of section 16A of that Act in a case falling within subsection (1)(a) or (b) of that section (schools having serious weaknesses), and

(b)where any subsequent inspection of the school has been made under Part 1 of that Act, the notice has not been superseded by—

(i)the person making the subsequent inspection making a report stating that in his opinion the school no longer has serious weaknesses, or

(ii)the Chief Inspector giving the Secretary of State a notice under subsection (2) of section 16A of that Act in a case falling within subsection (1)(c) of that section (schools requiring special measures).”

(2)For subsection (6) of that section there is substituted—

“(6)This section applies to a maintained school by virtue of this subsection if—

(a)following an inspection of the school under Part 1 of the School Inspections Act 1996, the Chief Inspector has given the Secretary of State a notice under subsection (2) of section 16A of that Act in a case falling within subsection (1)(c) of that section (schools requiring special measures), and

(b)where any subsequent report of an inspection of the school has been made under Part 1 of that Act, the person making it did not state that in his opinion special measures were not required to be taken in relation to the school.”

Textual Amendments

Commencement Information

I1S. 55 wholly in force at 19.12.2002; s. 55 not in force at Royal Assent, see s. 216; s. 55 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4 and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

56 Power of Secretary of State to appoint additional governors or direct closureE+W

(1)In section 18 of the School Standards and Framework Act 1998 (c. 31) (power of Secretary of State to appoint additional governors) for subsection (1) there is substituted—

“(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 with serious weaknesses), or

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

the Secretary of State 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.”

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Schedule 5 (which contains amendments consequential on the provisions of section 55 and this section) shall have effect.

Textual Amendments

F3S. 56(2) repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

Commencement Information

I2S. 56 wholly in force at 19.12.2002; s. 56 not in force at Royal Assent, see s. 216; s. 56 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4 and in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

57 Power of [F2local authority] to provide for governing body to consist of interim executive membersE+W

(1)In section 14(2) of the School Standards and Framework Act 1998 (which lists the intervention powers of [F4local authorities]), before the “and” at the end of paragraph (a) there is inserted—

“(aa)section 16A (power to provide for governing body to consist of interim executive members);”.

(2)After section 16 of that Act there is inserted—

“16A Power of [F2local authority] to provide for governing body to consist of interim executive members

(1)If at any time this section applies to a maintained school in accordance with section 14(1), then (subject to subsections (2) and (3)) the [F2local authority] may, with the consent of the Secretary of State, give the governing body a notice in writing stating that, as from a 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)Where this section so applies in the case of a school falling within section 15(4) (school with serious weaknesses) 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—

(a)the Secretary of State has given the [F2local authority] a notice under section 16A(3) of the School Inspections Act 1996, and

(b)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)(b) shall have effect as if the reference to ten days were to such shorter period as he may determine.

(4)Before exercising the power conferred by subsection (1), the [F2local authority] shall consult—

(a)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, and

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

Textual Amendments

Commencement Information

I3S. 57 in force at 2.9.2002 for E. by S.I. 2002/2002, art. 4

I4S. 57 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

58 Power of Secretary of State to provide for governing body to consist of interim executive membersE+W

After section 18 of the School Standards and Framework Act 1998 (c. 31) there is inserted—

“18A Power of Secretary of State to provide for governing body to consist of interim executive members

(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 with serious weaknesses), or

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

the Secretary of State 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 Secretary of State shall consult—

(a)the [F2local 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 Secretary of State is not obliged to consult the persons mentioned in subsection (2)(b), (c) and (d) if the [F2local authority] have consulted them under subsection (4) of section 16A in relation to a proposed notice under subsection (1) of that section.”

Textual Amendments

Commencement Information

I5S. 58 in force at 2.9.2002 for E. by S.I. 2002/2002, art. 4

I6S. 58 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

59 Governing bodies consisting of interim executive membersE+W

(1)After section 19 of the School Standards and Framework Act 1998 (c. 31) there is inserted—

“Governing bodies consisting of interim executive membersE+W
19A Governing bodies consisting of interim executive members

The provisions of Schedule 1A shall have effect in relation to any school in respect of which a notice has been given—

(a)under section 16A(1), by the [F2local authority], or

(b) under section 18A(1), by the Secretary of State.”

(2)After Schedule 1 to that Act there is inserted, as Schedule 1A, the Schedule set out as Schedule 6 to this Act.

Textual Amendments

Commencement Information

I7S. 59 in force at 2.9.2002 for E. by S.I. 2002/2002, art. 4

I8S. 59 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1

[F4Local authorities] E+W

60 Powers of Secretary of State to secure proper performance of [F2local authority]'s functionsE+W

(1)Section 497A of the Education Act 1996 (c. 56) (power to secure proper performance of functions of [F2local authority]) is amended as follows.

(2)For subsection (1) there is substituted—

“(1)This section applies to a [F2local authority]’s functions under this Act and to other functions (of whatever nature) which are conferred on them in their capacity as a [F2local authority].”

(3)In subsection (2), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.

(4)After subsection (2) there is inserted—

“(2A)The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where—

(a)he has given a previous direction under subsection (4), (4A) or (4B) in relation to a [F2local authority] in respect of any function to which this section applies, and

(b)he is satisfied that it is likely that if no further direction were given under subsection (4), (4A) or (4B) on the expiry or revocation of the previous direction the authority would fail in any respect to perform that function to an adequate standard (or at all).”

(5)Subsection (3) is omitted.

(6)For subsection (4) there is substituted—

“(4)The Secretary of State may under this subsection give the authority or an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed on behalf of the authority by such person as is specified in the direction; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.”

(7)After subsection (4) there is inserted—

“(4A)The Secretary of State may under this subsection direct that the function shall be exercised by the Secretary of State or a person nominated by him and that the authority shall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.

(4B)The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to any function) give the authority or an officer of the authority such other directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed to an adequate standard.”

(8)For subsection (5) there is substituted—

“(5)Where the Secretary of State considers it expedient that—

(a)in the case of directions given under subsection (4), the person specified in the directions, or

(b)in the case of directions given under subsection (4A), the Secretary of State or a person nominated by him,

should perform other functions to which this section applies in addition to the function to which subsection (2) or (2A) applies, the directions under subsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person should perform any such additional functions, the Secretary of State may have regard to financial considerations.”

(9)In subsection (6), for paragraph (b) there is substituted—

“(b)have effect for a period specified in the direction unless revoked earlier by the Secretary of State.”

(10)In subsection (7), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.

Textual Amendments

Commencement Information

I9S. 60 partly in force; s. 60 not in force at Royal Assent, see s. 216; s. 60 in force for E. at 26.7.2002 by S.I. 2002/2002, art. 3

I10S. 60 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

61 Power to secure proper performance: duty of authority where directions contemplatedE+W

After section 497A of the Education Act 1996 (c. 56) there is inserted—

“497AA Power to secure proper performance: duty of authority where directions contemplated

Where, in relation to any function to which section 497A applies, the Secretary of State—

(a)is satisfied as mentioned in subsection (2) or (2A)(b) of that section, and

(b)has notified the [F2local authority] that he is so satisfied and that he is contemplating the giving of directions under subsection (4) or (4A) of that section,

the authority shall give the Secretary of State, and any person authorised by him for the purposes of this section, all such assistance, in connection with the proposed exercise of the function by the Secretary of State or another person in pursuance of directions, as they are reasonably able to give.”

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I11S. 61 in force at 26.7.2002 for E. by S.I. 2002/2002, art. 3

I12S. 61 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

62 Power to secure proper performance: further provisionsE+W

(1)Section 497B of the Education Act 1996 is amended as follows.

(2)In subsection (1), for the words from “section 497A(4)” to “those directions” there is substituted “ section 497A(4) or (4A) to a [F2local authority] or to an officer of such an authority, the specified person ”.

(3)After that subsection there is inserted—

“(1A)In this section “the specified person” means—

(a)in relation to directions under section 497A(4), the person specified in the directions, and

(b)in relation to directions under section 497A(4A), the Secretary of State or the person nominated by him.”

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I13S. 62 in force at 1.10.2002 for E. by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I14S. 62 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

[F562APower to require [F2local authority] in England to obtain advisory servicesE+W

(1)This section applies where—

(a)one or more schools maintained by a [F2local authority] in England are for the purposes of Part 4 of the Education and Inspections Act 2006 (schools causing concern: England) eligible for intervention by virtue of either of the following provisions of that Act—

(i)section 61 (school requiring significant improvement), or

(ii)section 62 (school requiring special measures), and

(b)it appears to the Secretary of State that the [F2local authority] —

(i)have not been effective or are unlikely to be effective in eliminating deficiencies in the conduct of that school or those schools,

(ii)are unlikely to be effective in eliminating deficiencies in the conduct of other schools which may in the future fall within paragraph (a), or

(iii)maintain a disproportionate number of schools falling within that paragraph.

[F6(1A)This section also applies where it appears to the Secretary of State that—

(a)a [F2local authority] in England maintain a disproportionate number of low-performing schools, and

(b)the authority—

(i)have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or

(ii)are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools.

(1B)In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low.

(1C)For the purposes of subsection (1B) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

(a)the standards that the pupils might in all the circumstances reasonably be expected to attain;

(b)where relevant, the standards previously attained by them;

(c)the standards attained by pupils at comparable schools.]

(2)The Secretary of State may direct the [F2local authority] to enter into a contract or other arrangement with a person specified in the direction, or a person falling within a class so specified, for the provision to the authority or the governing body of any school maintained by them (or both) of specified services of an advisory nature.

(3)The direction may require the contract or other arrangement to contain specified terms and conditions.

(4)In this section

(5)Any direction given under this section shall be enforceable, on an application made on behalf of the Secretary of State, by a mandatory order.]

Textual Amendments

Modifications etc. (not altering text)

63 Power to require [F2local authority] [F8in Wales] to obtain advisory servicesE+W

(1)This section applies where—

(a)in relation to one or more schools maintained by a [F2local authority] [F9in Wales], section 15 of the School Standards and Framework Act 1998 (c. 31) (cases where [F2local authority] may exercise powers of intervention) applies by virtue of either of the following provisions of that section—

(i)subsection (4) (school [F10requiring significant improvement]), or

(ii)subsection (6) (school requiring special measures), and

(b)it appears to the [F11National Assembly for Wales] that the [F2local authority] —

(i)have not been effective or are unlikely to be effective in eliminating deficiencies in the conduct of that school or those schools,

(ii)are unlikely to be effective in eliminating deficiencies in the conduct of other schools which may in the future fall within paragraph (a), or

(iii)maintain a disproportionate number of schools falling within that paragraph.

(2)[F12The National Assembly for Wales] may direct the [F2local authority] to enter into a contract or other arrangement with a person specified in the direction, or a person falling within a class so specified, for the provision to the authority or the governing body of any school maintained by them (or both), of specified services of an advisory nature.

(3)The direction may require the contract or other arrangement to contain specified terms and conditions.

(4)In this section “school” means a maintained school within the meaning of [F13Chapter 4] of Part 1 of the School Standards and Framework Act 1998 (c. 31).

(5)Any direction given under this section shall be enforceable, on an application made on behalf F14... of the National Assembly for Wales, by a mandatory order.

Textual Amendments

F10Words in s. 63(1)(a)(i) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 28; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I15S. 63 partly in force; s. 63 not in force at Royal Assent, see s. 216; s. 63 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I16S. 63 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I

64 Provisions supplementary to [F15sections 62A and 63] E+W

(1)Where [F16section 62A or 63] applies in relation to a [F2local authority] and the Secretary of State or the National Assembly for Wales has notified the authority that he or it is contemplating the giving of a direction under that section, the authority shall give the Secretary of State or the Assembly, and any person authorised by the Secretary of State or the Assembly for the purposes of this subsection, such assistance, in connection with the proposed contract or other arrangement, as the authority are reasonably able to give.

(2)Where a direction under [F17section 62A or 63] is given to a [F2local authority], the relevant person shall be entitled, for the purposes of providing the advisory services, to exercise the powers conferred by subsections (3) to (6).

(3)The relevant person shall have at all reasonable times—

(a)a right of entry to the premises of the authority, and

(b)a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the provision of the advisory services.

(4)Section 497B(3) of the Education Act 1996 (c. 56) (right of access to computers etc) applies in relation to the exercise by the relevant person of the right conferred by subsection (3) as it applies to the exercise by the specified person (within the meaning of that section) of the right conferred by section 497B(2) of that Act.

(5)Without prejudice to subsection (3), the authority shall give the relevant person all assistance in connection with the provision of the advisory services which they are reasonably able to give.

(6)Subsection (3) applies in relation to any school maintained by the authority as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—

(a)the governing body of any such school shall give the relevant person all assistance in connection with the provision of the advisory services which they are reasonably able to give, and

(b)the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.

(7)In this section—

Textual Amendments

Commencement Information

I17S. 64 partly in force; s. 64 not in force at Royal Assent, see s. 216; s. 64 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I18S. 64 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I