28MRoles of the Secretary of State and the National Assembly

1

If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—

a

has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under section 28D or 28E, or

b

has failed to discharge a duty imposed by or under either of those sections,

it may give that body such directions as to the discharge of the duty as appear to it to be expedient.

2

Subsection (3) applies in relation to—

a

special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996; and

b

city academies.

3

If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—

a

has acted, or is proposing to act, unreasonably in the discharge of a duty which that body has in relation to—

i

the provision to the appropriate authority of copies of that body’s accessibility plan, or

ii

the inspection of that plan, or

b

has failed to discharge that duty,

it may give that body such directions as to the discharge of the duty as appear to it to be expedient.

4

Directions may be given under subsection (1) or (3) even if the performance of the duty is contingent upon the opinion of the responsible body.

5

Subsection (6) applies if the Tribunal has made an order under section 28I(3).

6

If the Secretary of State is satisfied (whether on a complaint or otherwise) that the responsible body concerned—

a

has acted, or is proposing to act, unreasonably in complying with the order, or

b

has failed to comply with the order,

he may give that body such directions as to compliance with the order as appear to him to be expedient.

7

Directions given under subsection (1), (3) or (6)—

a

may be varied or revoked by the directing authority; and

b

may be enforced, on the application of the directing authority, by a mandatory order obtained in accordance with section 31 of the Supreme Court Act 1981.

8

“Appropriate authority” means—

a

in relation to England, the Secretary of State; and

b

in relation to Wales, the National Assembly.

9

“Directing authority” means—

a

the Secretary of State in relation to a direction given by him; and

b

the National Assembly in relation to a direction given by it.