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Education Act 2002

Education Act 2002

2002 CHAPTER 32

Commentary on Sections and Schedules

Part 4 – Powers of Intervention

Local education authorities

Section 61: Power to secure proper performance: duty of authority where directions contemplated

180.This section inserts in the EA 96 a new section 497AA which provides that when the Secretary of State, or the NAW, is satisfied that an authority is failing to perform its statutory functions to an adequate standard, and has notified the authority of her decision to intervene, and to whom the right of access granted by this section should apply. The authority is then obliged to give full co-operation to the nominee, rather than such a duty only arising after a direction is given under section 497A.

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