Education Act 1944 (repealed 1.11.1996)

99 Powers of Minister in default of local education authorities or . . . F1 governors. E+W

(1) If the [F2 Secretary of State for Education and Science] is satisfied, either upon complaint by any person interested or otherwise, that any local education authority, or the . . . F1 governors of any county school or voluntary school, have failed to discharge any duty imposed upon them by or for the purposes of this Act, the [F2 Secretary of State for Education and Science] may make an order declaring the authority, or the . . . F1 governors, as the case may be, to be in default in respect of that duty, and giving such directions for the purpose of enforcing the execution thereof as appear to the [F2 Secretary of State for Education and Science] to be expedient; and any such directions shall be enforceable, on an application made on behalf of the [F2 Secretary of State for Education and Science], by mandamus.

(2) Where it appears to the [F2 Secretary of State for Education and Science] that by reason of the default of any person there is no properly constituted body of . . . F1 governors of any county school or voluntary school, the [F2 Secretary of State for Education and Science] may make such appointments and give such directions as he thinks desirable for the purpose of securing that there is a properly constituted body of . . . F1 governors thereof, and may give directions rendering valid any acts or proceedings which in his opinion are invalid or otherwise defective by reason of the default.

(3) Where it appears to the [F2 Secretary of State for Education and Science] that a local education authority have made default in the discharge of their duties relating to the maintenance of a voluntary school, the [F2 Secretary of State for Education and Science] may direct that any act done by or on behalf of the . . . F1 governors of the school for the purpose of securing the proper maintenance thereof shall be deemed to have been done by or on behalf of the authority, and may reimburse to the . . . F1 governors any sums which in his opinion they have properly expended for that purpose; and the amount of any sum so reimbursed shall be a debt due to the Crown from the authority, and, without prejudice to any other method of recovery, the whole or any part of such a sum may be deducted from any sums payable to the authority by the [F2 Secretary of State for Education and Science] in pursuance of any regulations relating to the payment of grants.

Textual Amendments

F1 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

F2 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

Modifications etc. (not altering text)

C1 S. 99 extended by Local Government Act 1958 (c. 55), Sch. 8 paras. 16(1), 35, Education (No. 2) Act 1968 (c. 37), s. 3(3), Sex Discrimination Act 1975 (c. 65), s. 25(2) and Race Relations Act 1976 (c. 74), s. 19(2)

C2 S. 99 restricted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 23(2), 231(7), 235(6)

S. 99 restricted (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para. 6(4); S.I. 1994/2038, art. 3, Sch.2.

C3 S. 99(1)(2) modified by Education (No.2) Act 1986 (c. 61, SIF 41), s. 12(10), Sch. 2 para. 29(c)

C4 S. 99(1)(2) extended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 219(3), 231(7), 235(6)

C5 S. 99(1) extended (22.8.1991) by School Teacher's Pay and Conditions Act 1991 (c. 49, SIF 41:1), s. 5(5); S.I. 1991/1874, art.2

C6 S. 99(1) applied (1.4.1994) by 1993 c. 35, s. 9(4); S.I. 1994/507, art.3(1).

C7 S. 99(1)(2) applied (1.4.1994) by 1994/653, reg. 42(1), Sch. Pt.I.

C8 S. 99(1)(2) applied (9.5.1994) by 1994/1084, reg. 8(1), Sch. 2 Pt.I.