- Latest available (Revised)
- Point in Time (01/09/2012)
- Original (As enacted)
Point in time view as at 01/09/2012.
Apprenticeships, Skills, Children and Learning Act 2009, Paragraph 4 is up to date with all changes known to be in force on or before 24 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.
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.
4E+WAfter section 60 insert—
(1)A maintained school is by virtue of this section eligible for intervention if—
(a)the [F1local authority] have given the governing body a warning notice in accordance with subsection (2),
(b)the period beginning with the day on which the warning notice is given and ending with the fifteenth working day following that day (“the initial period”) has expired,
(c)either the governing body made no representations under subsection (7) to the [F1local authority] against the warning notice during the initial period or the [F1local authority] have confirmed the warning notice under subsection (8),
(d)the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction by the end of the compliance period (as defined by subsection (10)), and
(e)the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under any one or more of sections 64 to 66.
(2)A [F1local authority] may give a warning notice to the governing body of a maintained school where the authority are satisfied that—
(a)the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or
(b)the governing body have failed to secure that the head teacher of the school complies with such a provision.
(3)In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.
(4)For the purposes of this section a “warning notice” is a notice in writing by the [F1local authority] setting out—
(a)the matters on which the conclusion mentioned in subsection (2) is based,
(b)the action which they require the governing body to take in order to remedy those matters,
(c)the initial period applying under subsection (1)(b), and
(d)the action which the [F1local authority] are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.
(5)The warning notice must also inform the governing body of their right to make representations under subsection (7) during the initial period.
(6)The [F1local authority] must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—
(a)the head teacher of the school,
(b)in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(c)in the case of a foundation or voluntary school, the person who appoints the foundation governors.
(7)Before the end of the initial period, the governing body may make representations in writing to the [F1local authority] against the warning notice.
(8)The [F1local authority] must consider any representations made to them under subsection (7) and may, if they think fit, confirm the warning notice.
(9)The [F1local authority] must give notice in writing of their decision whether or not to confirm the warning notice to the governing body and such other persons as the Secretary of State may require.
(10)In this section “the compliance period”, in relation to a warning notice, means—
(a)in a case where the governing body does not make representations under subsection (7), the initial period mentioned in subsection (1)(b), and
(b)in a case where the [F1local authority] confirm the warning notice under subsection (8), the period beginning with the day on which they do so and ending with the fifteenth working day following that day.”
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) , Sch. 2 para. 16(2)
Commencement Information
I1Sch. 13 para. 4 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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?
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?
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: