3(1)A governing body may appeal to the Secretary of State against—E+W
(a)the imposition of any suspension under paragraph 1 of their right to a delegated budget; or
(b)any refusal of a local education authority to revoke any such suspension on a review under paragraph 2(1)(a).
(2)An appeal under this paragraph must be brought within the period of two months beginning with the date on which the governing body receive the authority’s notice under paragraph 1(2) or 2(4), as the case may be.
(3)But if the authority’s notice failed to comply with paragraph 1(4) or 2(5), such an appeal may be brought at any time before the end of the period of two months beginning with the date on which the governing body are informed by the authority in writing of their right of appeal under this paragraph.
(4)On an appeal under this paragraph, the Secretary of State—
(a)may allow or reject the appeal; and
(b)shall have regard, in making his determination, to the gravity of the default on the part of the governing body and the likelihood of its continuing or recurring.
(5)Where the Secretary of State allows an appeal under this paragraph, the suspension of the governing body’s right to a delegated budget shall be revoked from a date determined by the Secretary of State.
Modifications etc. (not altering text)
C1Sch. 15 para. 3(1)(a) excluded (20.11.1998) by S.I. 1998/2670, reg.6