Search Legislation

School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004, Section 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

2Power of Scottish Ministers to require action by education authoritiesS

This section has no associated Explanatory Notes

After section 10 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) (in this Act referred to as the “2000 Act”) insert—

10ADuty of Her Majesty’s Inspectors to make reference to Scottish Ministers

(1)This section applies where, after an inspection under section 9 of this Act, Her Majesty’s Inspectors identify that an education authority require to take action to secure improvement in the way the authority exercise a function in relation to the provision of school education.

(2)If it appears to Her Majesty’s Inspectors that—

(a)having been given sufficient opportunity to secure improvement in the way they exercise a function identified under subsection (1) above, the education authority are failing or have failed to take satisfactory action to do so; and

(b)having regard to the seriousness of that failure, an enforcement direction is justified,

they shall make a reference to the Scottish Ministers.

(3)A reference under subsection (2) above shall—

(a)be in writing;

(b)specify the failure mentioned in subsection (2)(a) above; and

(c)include recommendations as to the action which, in the opinion of Her Majesty’s Inspectors, the education authority require to take to remedy or prevent the recurrence of that failure.

(4)Where Her Majesty’s Inspectors make a reference under subsection (2) above, they shall inform the education authority of the making of that reference.

10BPreliminary notice

(1)Where, on a reference under section 10A(2) of this Act, it appears to the Scottish Ministers that—

(a)the education authority are failing or have failed to take satisfactory action to secure improvement in the way they exercise the function mentioned in section 10A(2)(a) of this Act; and

(b)an enforcement direction is justified,

they may serve a preliminary notice on the authority.

(2)A preliminary notice is a notice which—

(a)informs the education authority of the apparent failure mentioned in subsection (1)(a) above; and

(b)requires the authority to submit to the Scottish Ministers, within such time as is specified in the notice, a written response which—

(i)states that the authority have not so failed and gives reasons supporting that statement; or

(ii)states that the authority have so failed but gives reasons why an enforcement direction should not be given to them.

10CEnforcement direction

(1)Where, following service under section 10B(1) of this Act of a preliminary notice and the expiry of the time specified in it, it still appears to the Scottish Ministers that—

(a)the education authority are failing or have failed to take satisfactory action to secure improvement in the way they exercise the function mentioned in section 10A(2)(a) of this Act; and

(b)having regard to the seriousness of that failure, action under this section is justified,

they may give the authority an enforcement direction.

(2)An enforcement direction is a direction in writing by the Scottish Ministers requiring the education authority to which it is given to take, within such time as is specified in the direction, such action as is so specified, being action calculated to remedy or prevent the recurrence of the failure mentioned in subsection (1)(a) above.

(3)Where two or more courses of action are specified in an enforcement direction, the Scottish Ministers may specify for each a different time within which it is to be taken.

(4)An enforcement direction may place such conditions as the Scottish Ministers may specify in it upon the exercise of such functions of the education authority in relation to the provision of school education as are so specified.

(5)The Scottish Ministers may vary an enforcement direction by giving a further such direction.

(6)A further such direction need not proceed upon a further preliminary notice under section 10B(1) of this Act.

(7)An enforcement direction may be revoked by the Scottish Ministers.

(8)Before giving, varying or revoking an enforcement direction, the Scottish Ministers shall consult Her Majesty’s Inspectors.

(9)An education authority to which an enforcement direction is given shall comply with it.

(10)The Scottish Ministers may, instead of or as well as giving an enforcement direction, make such recommendations to the education authority as they think appropriate.

(11)If the Scottish Ministers exercise their power to give, vary or revoke an enforcement direction they shall—

(a)prepare a report on their exercise of that power; and

(b)lay that report before the Scottish Parliament..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 2 in force at 31.5.2005 by S.S.I. 2005/10, art. 3(a)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive 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 Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources