Education (Scotland) Act 2025

57 Enforcement direction

(1) The Scottish Ministers may give a relevant person an enforcement direction where, following service under section 56(1) of a preliminary notice, it appears to the Scottish Ministers that—

(a) the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter or exercise of the function in question, and

(b) having regard to the seriousness of the failure, an enforcement direction is justified.

(2) The Scottish Ministers may give an enforcement direction under subsection (1) only after whichever is the earlier of—

(a) receipt of the written response mentioned in section 56(2)(b),

(b) the expiry of the period specified in the preliminary notice.

(3) An enforcement direction is a direction in writing by the Scottish Ministers—

(a) requiring the recipient to take, within such period as is specified in the direction, such action as is so specified (being action calculated to remedy, or prevent the recurrence of, the failure mentioned in subsection (1)(a)), and

(b) with which the recipient must comply.

(4) An enforcement direction may—

(a) specify different periods for the taking of different actions,

(b) specify conditions which are to apply to the exercise of such functions of the relevant person as the direction specifies in relation to—

(i) where the referral arose from an inspection of a school, the school and the school education provided in it, or

(ii) where the referral arose from an inspection of an education authority, the provision of school education.

(5) The Scottish Ministers may—

(a) vary an enforcement direction by giving a further such direction (without any requirement for a further preliminary notice under section 56),

(b) revoke an enforcement direction.

(6) Before giving, varying or revoking an enforcement direction, the Scottish Ministers must consult the Chief Inspector.

(7) If the Scottish Ministers exercise their power to give, vary or revoke an enforcement direction, they must—

(a) prepare a report on their exercise of the power, and

(b) lay the report before the Scottish Parliament.

(8) The Scottish Ministers may, instead of or as well as giving an enforcement direction, make such recommendations to the relevant person as they think appropriate.