Sections 496 and 497 of the Education Act 1996 (powers to give directions where responsible body of school in default of obligations, etc.) F2 and section 70 of the Education (Scotland) Act 1980 apply to the performance of a duty under section 85.

But neither of sections 496 and 497 of F3the Education Act 1996 applies to the performance of a duty under that section by the proprietor of an independent educational institution (other than a special school) F4; and section 70 of the Education (Scotland) Act 1980 does not apply to the performance of a duty under that section by the proprietor of an independent school.