Search Legislation

Education Act 2002

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 12/05/2014.

Changes to legislation:

Education Act 2002, Part 4 is up to date with all changes known to be in force on or before 25 December 2024. 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. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Part 4E+WPowers of intervention

Schools causing concernE+W

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1S. 54 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch.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

F255 Cases in which powers of intervention exercisableE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F256 Power of Secretary of State to appoint additional governors or direct closureE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F257 Power of [F3local authority] to provide for governing body to consist of interim executive membersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F258 Power of Secretary of State to provide for governing body to consist of interim executive membersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F259 Governing bodies consisting of interim executive membersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 [F3local authority]'s functionsE+W

(1)Section 497A of the Education Act 1996 (c. 56) (power to secure proper performance of functions of [F3local authority]) is amended as follows.

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

(1)This section applies to a [F3local authority]’s functions under this Act and to other functions (of whatever nature) which are conferred on them in their capacity as a [F3local 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 [F3local 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 [F3local 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 [F3local 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 [F3local authority] in England to obtain advisory servicesE+W

(1)This section applies where—

(a)one or more schools maintained by a [F3local 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 [F3local 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 [F3local 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 [F3local 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

  • [F7pupil” has the same meaning as in the Education Act 1996 (see sections 3 and 19(5) of that Act);]

  • school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.

(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.]

F963 Power to require [F3local authority] [F8in Wales] to obtain advisory servicesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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 [F10sections 62A and 63] E+W

(1)Where [F11section 62A F12...] applies in relation to a [F3local authority] and the Secretary of State F13... has notified the authority that he F14...is contemplating the giving of a direction under that section, the authority shall give the Secretary of StateF15..., and any person authorised by the Secretary of StateF15... 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 [F16section 62AF17...] is given to a [F3local 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—

  • the advisory services” means the services to be provided in pursuance of the direction under [F18section 62AF19...];

  • documents” and “records” each include information recorded in any form;

  • the relevant person” means—

    (a)

    the person specified under [F20section 62A(2) F19...], or

    (b)

    where the direction specifies a class of persons, the person with whom the [F3local authority] enter into the contract or other arrangement required by the direction,

    and includes any person assisting that person in the provision of the advisory services.

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

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources