(1)If at any time a maintained school is eligible for intervention by virtue of section 62 (school requiring special measures), the Secretary of State may give a direction to the [F1local authority] requiring the school to be discontinued on a date specified in the direction.
(2)Before giving a direction under subsection (1), the Secretary of State must consult—
(a)the [F1local authority] and the governing body of the school,
(b)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority,
(c)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed,
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)such other persons as the Secretary of State considers appropriate.
(3)On giving a direction under subsection (1) the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.
(4)Where the [F1local authority] are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.
(5)In this section any reference to the discontinuance of a maintained school is a reference to the [F1local authority] ceasing to maintain it.
Textual Amendments
F1Words in Pts. 1-7 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. 14(2)
F2S. 68(2)(d) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 60, Sch. 2 Pt. 1 (with art. 2(3))
Modifications etc. (not altering text)
C1S. 68 applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 23
Commencement Information
I1S. 68 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)