(1)In section 496 of the Education Act 1996 (c. 56) (power of Secretary of State to prevent unreasonable exercise of functions), after subsection (2) insert—
“(3)The Secretary of State may not make a direction under this section in respect of a matter that—
(a)has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or
(b)in the Secretary of State's opinion, could have been so complained about.
(4)Regulations may disapply subsection (3) in relation to cases where a complaint about the matter has been made to the Secretary of State by—
(a)a prescribed person, or
(b)a person of a prescribed description.”
(2)In section 497 of that Act (general default powers of Secretary of State), after subsection (3) insert—
“(4)The Secretary of State may not make an order under this section in respect of a matter that—
(a)has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or
(b)in the Secretary of State's opinion, could have been so complained about.
(5)Regulations may disapply subsection (4) in relation to cases where a complaint about the matter has been made to the Secretary of State by—
(a)a prescribed person, or
(b)a person of a prescribed description.”
(3)In section 28M of the Disability Discrimination Act 1995 (c. 50) (directions by Secretary of State and Welsh Ministers) after subsection (7) insert—
“(7A)The Secretary of State may not, unless subsection (7B) applies, give a direction under this section to a responsible body in England in respect of a matter that—
(a)has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or
(b)in the Secretary of State's opinion, could have been so complained about.
(7B)This subsection applies if—
(a)the Local Commissioner has made a recommendation to the responsible body under section 211(4) of the Apprenticeships, Skills, Children and Learning Act 2009 (statement following investigation) in respect of the matter, and
(b)the responsible body has not complied with the recommendation.”
Commencement Information
I1S. 221 in force at 19.4.2010 for specified purposes by S.I. 2010/303, art. 5, Sch. 4 (with arts. 9-11)
I2S. 221 in force at 1.9.2010 for specified purposes by S.I. 2010/1151, art. 4, Sch. 2