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Part IU.K. Measures to raise standards of school education

Chapter IVE+W Intervention in schools [F1in Wales] causing concern

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 1 Chapter 4: Power to modify conferred (prosp.) by Education Act 2002 (c. 32), ss. 25, 216 (with ss. 210(8), 214(4))

C2Pt. 1 Ch. 4: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 25(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

Intervention by LEAsE+W

14 Powers of intervention exercisable by LEAs.E+W

(1)If at any time section 15 applies to a maintained school by virtue of any of the following provisions of that section, namely—

(a)subsection (1) (school subject to formal warning),

(b)subsection (4) (school [F2requiring significant improvement]), or

(c)subsection (6) (school requiring special measures),

the provisions mentioned in subsection (2) below (which confer powers of intervention on local education authorities) shall also apply to the school at that time unless excluded by subsection (3) below (intervention by [F3Assembly]).

F4(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Those provisions are—

(a)section 16 (power to appoint additional governors);

[F5(aa)section 16A (power to provide for governing body to consist of interim executive members);] and

(b)section 17 (power to suspend right to delegated budget).

[F6(3)Those provisions shall not apply to a school to which section 15 applies by virtue of subsection (4) or (6) of that section (school [F7requiring significant improvement] or requiring special measures) if, in connection with the same inspection falling within subsection (4)(a) or (6)(a) of that section—

(a)the [F8Assembly] has exercised in relation to the school [F8its] power under section 18 (power to appoint additional governors) and any additional governors appointed in the exercise of that power remain in office; or

(b)[F9the Assembly] has exercised in relation to the school [F9its] power under section 19 (power to direct closure of school).]

[F10(3A)In this Chapter “maintained school” means any school in Wales that is—

(a)a community, foundation or voluntary school,

(b)a community or foundation special school, or

(c)a maintained nursery school.]

[F11(4)In this Chapter—

[F12(a)“Chief Inspector” means Her Majesty's Chief Inspector of Education and Training in Wales,]

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)references to special measures being, or not being, required to be taken in relation to a school are to be read in accordance with section 44(1) of [F14the Education Act 2005], and

(d)references to a school requiring, or not requiring, significant improvement are to be read in accordance with section 44(2) of that Act.]

Textual Amendments

F6S. 14(3) substituted (2.9.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F7Words in s. 14(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 14(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)

15 Cases where LEA may exercise powers of intervention.E+W

(1)This section applies to a maintained school by virtue of this subsection if—

(a)the local education authority have—

(i)given the governing body a warning notice in accordance with subsection (2), and

(ii)given the head teacher of the school a copy of the notice at the same time as the notice was given to the governing body;

(b)the governing body have failed to comply, or secure compliance, with the notice to the authority’s satisfaction within the compliance period; and

(c)the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under [F15any one or more of sections 16, 16A and 17] (whether or not the notice is combined with a notice under section 62(3)(c)).

(2)A local education authority may give a warning notice to the governing body of a maintained school where—

(a)the authority are satisfied—

(i)that the standards of performance of pupils at the school are unacceptably low and are likely to remain so unless the authority exercise their powers under [F16any one or more of sections 16, 16A and 17], or

(ii)that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance, or

(iii)that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise) [F17, or—

(iv)that the governing body have failed to comply with a provision of an order under section 122 of the Education Act 2002 (teachers' pay and conditions) that applies to a teacher at the school, or

(v)that the governing body have failed to secure that the head teacher of the school complies with such a provision]; and

(b)the authority have previously informed the governing body and the head teacher of the matters on which that conclusion is based; and

(c)those matters have not been remedied to the authority’s satisfaction within a reasonable period.

(3)For the purposes of subsections (1) and (2) a “warning notice” is a notice in writing by the local education authority setting out—

(a)the matters referred to in subsection (2)(b);

(b)the action which they require the governing body to take in order to remedy those matters; and

(c)the period within which that action is to be taken by the governing body (“the compliance period”).

[F18(3A)For the purposes of subsection (2)(a) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

(a)the standards that the pupils might in all the circumstances reasonably be expected to attain,

(b)where relevant, the standards previously attained by them, or

(c)the standards attained by pupils at comparable schools.]

[F19(4)This section applies to a maintained school by virtue of this subsection if—

(a)following an inspection of the school under Chapter 3 of Part 1 of the Education Act 2005, the Chief Inspector has given the Assembly a notice under subsection (2) of section 37 of that Act in a case falling within subsection (1)(a)(ii) or (b)(ii) of that section (school requiring significant improvement), and

(b)where any subsequent inspection of the school has been made under that Chapter, the notice has not been superseded by—

(i)the person making the subsequent inspection making a report stating that in his opinion the school no longer requires significant improvement, or

(ii)the Chief Inspector giving the Assembly a notice under subsection (2) of section 37 of that Act in case falling within subsection (1)(a)(i) or (1)(b)(i) of that section (school requiring special measures).]

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(6)This section applies to a maintained school by virtue of this subsection if—

(a)following an inspection of the school under Chapter 3 of Part 1 of the Education Act 2005, the Chief Inspector has given the Assembly a notice under subsection (2) of section 37 of that Act in a case falling within subsection (1)(a)(i) or (b)(i) of that section (school requiring special measures), and

(b)where any subsequent inspection of the school has been made under that Chapter, the notice has not been superseded by the person making the subsequent inspection making a report stating that in his opinion the school no longer requires special measures.]

F22(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C6S. 15(4) modified (E.) (2.9.2002) by The Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 (S.I. 2002/2113 ), {reg. 4(a)}

S. 15(4) modified (W.) (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 3(a)

16 Power of LEA to appoint additional governors.E+W

(1)If at any time this section applies to a maintained school in accordance with section 14(1), then (subject to subsections (2) and (3)) the local education authority may appoint such number of additional governors as they think fit.

(2)Where this section so applies in the case of a school falling within section 15(1) (school subject to formal warning), the power conferred by subsection (1) above is only exercisable within the period of two months following the end of the compliance period.

[F23(3)Where this section so applies in the case of a school falling within section 15(4)(school [F24requiring significant improvement]) or section 15(6)(school requiring special measures), the power conferred by subsection (1) above is exercisable only if the following conditions are satisfied, namely—

[F25(a)the Chief Inspector has given the local education authority a notice under section F26... 37(2) of the Education Act 2005]

(b)a period of not less than ten days has elapsed since the date of the notice.]

(4)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In relation to any appointment made by the local education authority by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if [F28(despite anything in regulations under section 19 of the Education Act 2002)] it provided for the local education authority to appoint such number of additional governors as they think fit.

(6)If at any time—

(a)this section applies to a voluntary aided school other than one falling within [F29section 15(4) or (6)] , and

(b)the local education authority have exercised their power to appoint additional governors under subsection (1),

the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.

(7)Any additional foundation governors appointed under subsection (6)—

(a)shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and

(b)shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.

(8)If—

(a)at any time this section applies to a voluntary aided school falling within [F30section 15(4) or (6)] , and

[F31(b)paragraph (a) of section 14(3) does not apply in connection with the same inspection falling within subsection (4)(a) or (6)(a) of section 15,]

the appropriate appointing authority may (subject to subsection (9)) appoint such number of additional foundation governors as they think fit.

[F32(9)The power conferred by subsection (8) is only exercisable if the following conditions are satisfied, namely—

(a)the appropriate appointing authority have received a notice in writing from the [F33Assembly] informing them that [F34it] has received from the Chief Inspector a notice under [F35section F36... 37(2) of the Education Act 2005], and

(b)a period of not less than ten days has elapsed since the date of the notice from the [F26Assembly].]

(10)In the case of any appointment made by virtue of subsection (6) or (8) to the governing body of a school, the instrument of government for the school shall have effect as if [F37(despite anything in regulations under section 19 of the Education Act 2002)] the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (6) or (8) (as the case may be).

(11)Subject to subsection (12), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—

(a)to the appropriate diocesan authority, if it is a Church of England school, Church in Wales school or Roman Catholic Church school; or

(b)in any other case, to the person or persons by whom the foundation governors are appointed.

(12)Where, in the case of any voluntary aided school not falling within subsection (11)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—

(a)to all those persons who have any such power acting jointly, or

(b)if they are unable to agree, to such of them acting jointly, or such one of them, as the [F38Assembly] may, after consulting all those persons, determine.

[F39(12A)The [F40Assembly] may in respect of any particular school determine that subsections (3)(b) and (9)(b) shall have effect as if the reference to ten days were to such shorter period as [F41the Assembly] may determine.]

(13)F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23S. 16(3) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F28Words in s. 16(5) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 93(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F29Words in s. 16(6)(a) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F30Words in s. 16(8)(a) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(5)(a) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F31S. 16(8)(b) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(5)(b) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F32S. 16(9) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(6) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F37Words in s. 16(10) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 93(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F39S. 16(12A) inserted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 2(7) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

Modifications etc. (not altering text)

Commencement Information

I1S. 16 wholly in force at 1.9.1999; s. 16 not in force at Royal Assent see s. 145(3); s. 16(1)-(5) and (13) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; s. 16 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

[F4316APower of LEA to provide for governing body to consist of interim executive membersE+W

(1)If at any time this section applies to a maintained school in accordance with section 14(1), then (subject to subsections (2) and (3)) the local education authority may, with the consent of the [F44Assembly], give the governing body a notice in writing stating that, as from a date specified in the notice, the governing body are to be constituted in accordance with Schedule 1A (governing bodies consisting of interim executive members).

(2)Where this section so applies in the case of a school falling within section 15(4)(school [F45requiring significant improvement]) or section 15(6)(school requiring special measures), the power conferred by subsection (1) above is exercisable only if the following conditions are satisfied, namely—

[F46(a)the Chief Inspector has given the local education authority a notice under section F47... 37(2) of the Education Act 2005, and]

(b)a period of not less than ten days has elapsed since the date of the notice.

(3)The [F48Assembly] may in respect of any particular school determine that subsection (2)(b) shall have effect as if the reference to ten days were to such shorter period as [F49the Assembly] may determine.

(4)Before exercising the power conferred by subsection (1), the local education authority shall consult—

(a)the governing body of the school,

(b)in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.]

Textual Amendments

F45Words in s. 16A(2) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 17(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)

17 Power of LEA to suspend right to delegated budget.E+W

(1)If at any time—

(a)this section applies to a maintained school in accordance with section 14(1), and

(b)the school has a delegated budget within the meaning of Part II of this Act,

then (subject to subsections (2) and (3)) the local education authority may, by giving the governing body of the school notice in writing of the suspension, suspend the governing body’s right to a delegated budget with effect from the receipt of the notice by the governing body.

(2)Where this section so applies in the case of a school falling within section 15(1) (school subject to formal warning), the power conferred by subsection (1) above is only exercisable within the period of two months following the end of the compliance period.

[F50(3)Where this section so applies in the case of a school falling within section 15(4)(school [F51requiring significant improvement]) or section 15(6)(school requiring special measures), the power conferred by subsection (1) above is exercisable only if the following conditions are satisfied, namely—

[F52(a)the Chief Inspector has given the local education authority a notice under section F53... 37(2) of the Education Act 2005, and]

(b)a period of not less than ten days has elapsed since the date on which the copy was given.]

(4)The [F54Assembly] may in respect of any particular school determine that [F55subsection (3)(b)] shall have effect as if the reference to ten days were to such shorter period as [F56the Assembly] may determine.

(5)A copy of a notice given under subsection (1) shall be given to the head teacher of the school at the same time as the notice is given to the governing body.

(6)A suspension imposed under this section shall have effect for the purposes of Chapter IV of Part II of this Act as if made under paragraph 1 of Schedule 15 to this Act, [F57but there shall be no right of appeal under paragraph 3 of that Schedule against such a suspension].

Textual Amendments

F50S. 17(3) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 3(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F51Words in s. 17(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 18(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F55Words in s. 17(4) substituted (2.9.2002 for E. and 19.12.2002 for W. ) by Education Act 2002 (c. 32), ss. 56(3), 216, Sch. 5 para. 3(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

Modifications etc. (not altering text)

Intervention by [F58Assembly]E+W

Textual Amendments

18 Power of [F59Assembly] to appoint additional governors.E+W

[F60(1)If at any time section 15 applies to a maintained school by virtue of [F61any] of the following provisions of that section, namely—

[F62(za)subsection (1), in a case within subsection (2)(a)(iv) or (v) (school subject to teachers' pay and conditions warning),]

(a)subsection (4)(school [F63requiring significant improvement]), or

(b)subsection (6)(school requiring special measures),

[F64the Assembly] may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.]

(2)Before making any such appointment in relation to a voluntary aided school, [F64the Assembly] shall consult—

(a)in the case of a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority; or

(b)in any other case, the person who appoints the foundation governors.

(3)A governor appointed under this section—

(a)shall hold office as governor for such term, and

(b)if nominated as chairman of the governing body, shall be chairman of that body for such period,

as [F64the Assembly] may determine.

(4)[F64The Assembly] may pay to any governor appointed under this section such remuneration and allowances as [F64the Assembly] may determine.

(5)In relation to any appointment made by [F64the Assembly] by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if [F65(despite anything in regulations under section 19 of the Education Act 2002)] it provided for [F64the Assembly] to appoint such number of additional governors as he thinks fit.

(6)Where [F64the Assembly] has exercised [F66the Assembly's] power under this section in relation to a school, then—

(a)in any such case—

(i)the local education authority may not exercise their power under paragraph 1 of Schedule 15 to suspend the governing body’s right to a delegated budget, and

(ii)if they have already exercised that power or their power under section 17(1), [F64the Assembly] shall, if requested to do so by the governing body, revoke the suspension; and

(b)in the case of a voluntary aided school, nothing in [F67regulations under section 19 of the Education Act 2002] shall be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by [F64the Assembly] under this section.

(7)The revocation of a suspension under subsection (6)(a) shall—

(a)be notified to the local education authority in writing; and

(b)take effect from such date as is specified in that notification.

Textual Amendments

F60S. 18(1) substituted (2.9.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 56(1), 216 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1

F63Words in s. 18(1)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 19; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F65Words in s. 18(5) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 94(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F67Words in s. 18(6)(b) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 94(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Modifications etc. (not altering text)

[F6818APower of [F69Assembly] to provide for governing body to consist of interim executive membersE+W

(1)If at any time section 15 applies to a maintained school by virtue of [F70any] of the following provisions of that section, namely—

[F71(za)subsection (1), in a case within subsection (2)(a)(iv) or (v) (school subject to teachers' pay and conditions warning),]

(a)subsection (4)(school [F72requiring significant improvement]), or

(b)subsection (6)(school requiring special measures),

the [F69Assembly] may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 1A (governing bodies consisting of interim executive members).

(2)Before exercising the power conferred by subsection (1), the [F69Assembly] shall consult—

(a)the local education authority,

(b)the governing body of the school,

(c)in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3)The [F69Assembly] is not obliged to consult the persons mentioned in subsection (2)(b), (c) and (d) if the local education authority have consulted them under subsection (4) of section 16A in relation to a proposed notice under subsection (1) of that section.]

Textual Amendments

F72Words in s. 18A(1)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 20; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)

19 Power of [F73Assembly] to direct closure of school.E+W

[F74(1)If at any time section 15 applies to a maintained school by virtue of subsection (6) of that section (school requiring special measures), the [F73Assembly] may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.]

(2)Before giving a direction under subsection (1), the [F73Assembly] shall consult—

(a)the local education authority and the governing body of the school;

(b)in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority;

(c)in the case of any other foundation or voluntary school, the person who appoints the foundation governors;

F75(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)such other persons as the [F73Assembly] considers appropriate.

(3)On giving a direction under subsection (1) the [F73Assembly] shall give notice in writing of the direction to the governing body of the school and its head teacher.

(4)Where the local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in sections 29 to 33 shall apply to their discontinuance of the school under this section.

(5)In this section any reference to the discontinuance of a maintained school is to the local education authority ceasing to maintain it.

Textual Amendments

F74S. 19(1) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 45, 125(4) (with s. 119); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Modifications etc. (not altering text)

[F7619ZAPower of Welsh Ministers to direct LEA to give warning notice: teachers' pay and conditionsE+W

(1)This section applies if the Welsh Ministers think that the conditions in subsections (2) and (3) are met.

(2)The condition is that there are reasonable grounds for a local education authority to give a warning notice to the governing body of a maintained school under section 15(2)(a)(iv) or (v) (teachers' pay and conditions warning notice).

(3)The condition is that one of the following applies in relation to those grounds—

(a)the authority have not given a warning notice to the governing body under section 15 on those grounds, or have not given a copy to the head teacher at the same time;

(b)the authority have given a warning notice to the governing body under section 15, but in inadequate terms;

(c)section 15 applies to the school on those grounds by virtue of subsection (1) of that section, but the period of two months following the end of the compliance period (as defined by section 15(3)(c)) has ended.

(4)The Welsh Ministers may direct the local education authority to consider giving a warning notice to the governing body under section 15(2)(a)(iv) or (v) in the terms specified in the direction.

(5)If the Welsh Ministers give a direction under subsection (4) to a local education authority in respect of a governing body, the authority must—

(a)give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,

(b)when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and

(c)give the Welsh Ministers the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.

(6)The local education authority's response to the direction must do one of the following—

(a)state that the authority have decided to give a warning notice to the governing body in the specified terms;

(b)state that the authority have decided not to give a warning notice to the governing body in those terms.

(7)If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—

(a)give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 15(2)(a)(iv) or (v)), and

(b)on the same day as they do so, give the Welsh Ministers a copy of the notice.

(8)If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—

(a)the response must set out the authority's reasons for the decision, and

(b)the Welsh Ministers may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 15(2)(a)(iv) or (v)).

(9)If the Welsh Ministers direct the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—

(a)comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and

(b)on the same day as they do so, give the Welsh Ministers a copy of the notice.

(10)Subsections (7)(b) and (9)(b) apply in addition to section 15(1)(a)(ii).

(11)A direction under this section must be in writing.

(12)In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Wales.]

Textual Amendments

[F77Governing bodies consisting of interim executive membersE+W

Textual Amendments

19AGoverning bodies consisting of interim executive membersE+W

The provisions of Schedule 1A shall have effect in relation to any school in respect of which a notice has been given—

(a)under section 16A(1), by the local education authority, or

(b)under section 18A(1), by the [F78Assembly].]

Textual Amendments

Modifications etc. (not altering text)