69Power of Secretary of State to provide for governing body to consist of interim executive members
(1)If at any time a maintained school is eligible for intervention by virtue of—
(a)section 61 (school requiring significant improvement), or
(b)section 62 (school requiring special measures),
the Secretary of State may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).
(2)Before exercising the power conferred by subsection (1), the Secretary of State must consult—
(a)the local education authority,
(b)the governing body of the school,
(c)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(d)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.
(3)The Secretary of State need not consult the persons mentioned in subsection (2)(b), (c) and (d) if the local education authority have consulted them under subsection (2) of section 65 in relation to a proposed notice under subsection (1) of that section.