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Education Act 2002

Education Act 2002

2002 CHAPTER 32

Commentary on Sections and Schedules

Part 4 – Powers of Intervention

Schools causing concern

Section 58: Power of Secretary of State to provide for governing body to consist of interim executive members

169.This section enables the Secretary of State, or the NAW, to appoint a specially constituted governing body.

170.The section places a duty on the Secretary of State, or the NAW, before exercising the power, to consult the LEA; the governing body of the school; in the case of a church school, foundation or voluntary, the appropriate diocesan authority; and in the case of any other foundation or voluntary body those who appoint the foundation governors. The consultation need not take place if the LEA has already consulted them in connection with a proposal to use its powers under section 16A.

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