School Standards and Organisation (Wales) Act 2013

23 Power of Welsh Ministers to intervene

(1) The Welsh Ministers have the power to intervene under this Chapter in the exercise of education functions by a local authority if subsection (2) or (3) applies.

(2) This subsection applies if—

(a) the Welsh Ministers have given a warning notice, and

(b) the local authority has failed to comply, or secure compliance, with the notice to the Welsh Ministers’ satisfaction within the compliance period.

(3) This subsection applies if the Welsh Ministers are satisfied that one or more of grounds 1 to 3 exist in relation to the local authority and they have reason to believe that—

(a) there is a related risk to the health or safety of any person that calls for urgent intervention under this Chapter, or

(b) the local authority is unlikely to be able to comply, or secure compliance, with a warning notice.

(4) Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review.

(5) If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise of their powers under this Chapter would not be appropriate for any other reason, they must notify the local authority of their conclusion in writing.

(6) The Welsh Ministers’ power to intervene continues in effect until they give notice under subsection (5).

(7) Where the Welsh Ministers have the power to intervene, they are not limited to taking the action they said they were minded to take in a warning notice.