School Standards and Framework Act 1998

19 Power of Secretary of State to direct closure of school. E+W

[F1 (1) [F2 If at any time section 15 applies to a maintained school by virtue of either of the following provisions of that section, namely—

(a) subsection (4)(school with serious weaknesses), or

(b) subsection (6)(school requiring special measures),

the Secretary of State may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.]]

[F2 If at any time section 15 applies to a maintained school by virtue of subsection (6) of that section (school requiring special measures), the Secretary of State may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.]

(2) Before giving a direction under subsection (1), the Secretary of State shall consult—

(a) the local education authority and the governing body of the school;

(b) in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority;

(c) in the case of any other foundation or voluntary school, the person who appoints the foundation governors;

[F3 (ca) in the case of a school which provides education suitable to the requirements of persons over compulsory school age, the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales) and;]

(d) such other persons as the Secretary of State considers appropriate.

(3) On giving a direction under subsection (1) the Secretary of State shall give notice in writing of the direction to the governing body of the school and its head teacher.

(4) Where the local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in sections 29 to 33 shall apply to their discontinuance of the school under this section.

(5) In this section any reference to the discontinuance of a maintained school is to the local education authority ceasing to maintain it.

Textual Amendments

F1 S. 19(1) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(2), 216 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F2 S. 19(1) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 45, 125(4) (with s. 119); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F3 S. 19(2)(ca) inserted (28.7.2000 for specified purposes and otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 79; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2, Sch. Pt. I

Modifications etc. (not altering text)

C1 S. 19 applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 4

C2 S. 19(1) modified (E.) (2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113), reg. 4(b)

S. 19(1) modified (W.) (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 3(b)