[F2(A1)Subsections (1) and (2) do not apply in the case of a school in Wales.]
(1)Sections 496 and 497 of the Education Act 1996 (powers to give directions where responsible body of school in default of obligations, etc.) [F3 and section 70 of the Education (Scotland) Act 1980] apply to the performance of a duty under section 85.
(2)But neither of sections 496 and 497 of [F4the 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) [F5 or an alternative provision Academy that is not an independent educational institution][F6; 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].
[F7(3)In the case of a school in Wales—
(a)Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) applies to the performance of a duty under section 85, but as if—
(i)the only relevant grounds for intervention were grounds 5 and 6 in section 2 of that Act, and
(ii)sections 3 to 9 and 12 to 16 of that Act did not apply;
(b)Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) applies to the performance of a duty under section 85, but as if—
(i)the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act, and
(ii)sections 24 to 27 of that Act did not apply.
(4)But neither of Chapters 1 and 2 of Part 2 of the 2013 Act applies to the performance of a duty under section 85 by the proprietor of an independent educational institution (other than a special school).]
Textual Amendments
F1S. 87 title substituted (1.10.2010) by virtue of The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 3
F2S. 87(A1) inserted (E.W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 11(2); S.I. 2014/178, art. 2(f) (with art. 3)
F3Words in s. 87(1) inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 3(a)
F4Words in s. 87(2) substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 3(b)(i)
F5Words in s. 87(2) inserted (E.W.) (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), arts. 1, 2, Sch. para. 26
F6Words in s. 87(2) inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 3(b)(ii)
F7S. 87(3)(4) inserted (E.W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 11(3); S.I. 2014/178, art. 2(f) (with art. 3)
