Inspections
10BF1Preliminary notice
1
Where, on a reference under section 10A(2) of this Act, it appears to the Scottish Ministers that—
a
the education authority are failing or have failed to take satisfactory action to secure improvement in the way they exercise the function mentioned in section 10A(2)(a) of this Act; and
b
an enforcement direction is justified,
they may serve a preliminary notice on the authority.
2
A preliminary notice is a notice which—
a
informs the education authority of the apparent failure mentioned in subsection (1)(a) above; and
b
requires the authority to submit to the Scottish Ministers, within such time as is specified in the notice, a written response which—
i
states that the authority have not so failed and gives reasons supporting that statement; or
ii
states that the authority have so failed but gives reasons why an enforcement direction should not be given to them.