Part 4 E+WPowers of intervention

[F1 Local authorities] E+W

Textual Amendments

F1 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. 11(3)

63 Power to require [F2 local authority] [F3 in Wales] to obtain advisory services E+W

(1) This section applies where—

(a) in relation to one or more schools maintained by a [F2 local authority] [F4 in Wales], section 15 of the School Standards and Framework Act 1998 (c. 31) (cases where [F2 local authority] may exercise powers of intervention) applies by virtue of either of the following provisions of that section—

(i) subsection (4) (school [F5 requiring significant improvement]), or

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

(b) it appears to the [F6 National Assembly for Wales] that the [F2 local 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) [F7 The National Assembly for Wales] may direct the [F2 local 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 [F8 Chapter 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 F9 ... of the National Assembly for Wales, by a mandatory order.

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. 11(2)

F3 Words in s. 63 heading inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 21(5); S.I. 2007/935, art. 5(cc)

F4 Words in s. 63(1)(a) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 21(2)(a); S.I. 2007/935, art. 5(cc)

F5 Words 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

F6 Words in s. 63(1)(b) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 21(2)(b); S.I. 2007/935, art. 5(cc)

F7 Words in s. 63(2) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 21(3); S.I. 2007/935, art. 5(cc)

F8 Words in s. 63(4) substituted (30.6.2008) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 17 para. 6; S.I. 2008/1429, art. 3(2), Sch. Pt. 2

F9 Words in s. 63(5) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 21(4), Sch. 18 Pt. 4; S.I. 2007/935, art. 5(cc)(ii)

Commencement Information

I1 S. 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.)

I2 S. 63 in force at 1.8.2003 for W. by S.I. 2003/1718, art. 4, Sch. Pt. I