Part 6 E+W+SEducation

Chapter 1E+W+SSchools

Annotations:

Modifications etc. (not altering text)

C1Pt. 6 Ch. 1: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)

87[F1Application of enforcement powers under education legislation]E+W+S

[F2(A1)Subsections (1) and (2) do not apply in the case of a school in Wales.]

(1)Sections 496 and 497 of the Education Act 1996 (powers to give directions where responsible body of school in default of obligations, etc.) [F3 and section 70 of the Education (Scotland) Act 1980] apply to the performance of a duty under section 85.

(2)But neither of sections 496 and 497 of [F4the Education Act 1996] applies to the performance of a duty under that section by the proprietor of an independent educational institution (other than a special school) [F5 or an alternative provision Academy that is not an independent educational institution][F6; and section 70 of the Education (Scotland) Act 1980 does not apply to the performance of a duty under that section by the proprietor of an independent school].

[F7(3)In the case of a school in Wales—

(a)Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) applies to the performance of a duty under section 85, but as if—

(i)the only relevant grounds for intervention were grounds 5 and 6 in section 2 of that Act, and

(ii)sections 3 to 9 and 12 to 16 of that Act did not apply;

(b)Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) applies to the performance of a duty under section 85, but as if—

(i)the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act, and

(ii)sections 24 to 27 of that Act did not apply.

(4)But neither of Chapters 1 and 2 of Part 2 of the 2013 Act applies to the performance of a duty under section 85 by the proprietor of an independent educational institution (other than a special school).]