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Education Act 2002

Section 60: Powers of Secretary of State to secure proper performance of LEA’s functions

178.The new section 497A(1) for the EA 96 enables the Secretary of State, or the NAW, to give directions in relation to all education functions, including for example those relating to early years education, rather than at present only those relating to compulsory age education. Section 497A(2A) enables the Secretary of State, or the NAW, to give a further direction when one direction comes to an end and she is not satisfied that the authority would perform the functions to an adequate standard were they to be taken back in-house.

179.Section 497A(4) as substituted enables the Secretary of State, or the NAW, to direct LEAs to take more specific action without the setting of objectives as presently required. This is in line with powers in section 15 of the Local Government Act 1999, which enable the Secretary of State, or the NAW, to take any action considered necessary or expedient to secure an authority’s compliance with its duties. Section 497A(4A) enables the Secretary of State, or the NAW, to direct that a function is to be exercised by the Secretary of State, or the NAW, or by a nominee.

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