(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.]
Textual Amendments
F1Ss. 10A - 10C inserted (31.1.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), ss. 2, 9(2); S.S.I. 2005/10, art. 3(a)