Education and Inspections Act 2006

Part 4 E+W Schools causing concern: England

Introduction E+W

59 Meaning of “maintained school” and “eligible for intervention” E+W

(1) In this Part “maintained school” means any of the following schools in England—

(a) a community, foundation or voluntary school,

(b) a community or foundation special school, or

(c) a maintained nursery school.

(2) In this Part, references to a school being “eligible for intervention” are to be read in accordance with—

• section 60 ([F1 performance standards and safety warning notice]),

• [F2 section 60A (teachers' pay and conditions warning notice),]

• [F3 section 60B (coasting schools),]

• section 61 (school requiring significant improvement), and

• section 62 (school requiring special measures).

Textual Amendments

F1 Words in s. 59(2) substituted (12.1.2010) by virtue of Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 2(2); S.I. 2009/3317, art. 2, Sch.

F2 Words in s. 59(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 2(3); S.I. 2009/3317, art. 2, Sch.

F3 Words in s. 59(2) inserted (5.9.2016 for specified purposes, 11.1.2017 in so far as not already in force) by Education and Adoption Act 2016 (c. 6), ss. 1(2), 19(2); S.I. 2016/866, reg. 2; S.I. 2017/6, reg. 2(a)

Commencement Information

I1 S. 59 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Schools that are eligible for intervention E+W

60 [F4 Performance standards and safety warning notice] E+W

[F5 (1) A maintained school is by virtue of this section eligible for intervention if—

(a) a relevant authority have given the governing body a warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the compliance period”) has expired,

(c) the governing body have failed to comply, or secure compliance, with the notice to the relevant authority's satisfaction by the end of the compliance period, and

(d) the relevant authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 63 to 69 (whether or not the notice is combined with a notice under section 62(2A)(c) of SSFA 1998).]

(2) A [F6 relevant authority] may give a warning notice to the governing body of a maintained school where the authority are satisfied—

(a) 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 this Part, or

(b) 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

(c) that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise).

(3) 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.

(4) For the purposes of this section a “warning notice” is a notice in writing by the [F6 relevant authority] setting out—

(a) the matters on which the conclusion mentioned in subsection (2) is based,

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

(c) [F7 the compliance period for the purposes of subsection (1)(c),] and

(d) the action which the [F6 relevant authority] are minded to take (under one or more of sections 63 to [F8 69] or otherwise) if the governing body fail to take the required action.

[F9 (4A) If a local authority are notified that the Secretary of State has given a warning notice to the governing body of a maintained school the local authority may not give a warning notice unless or until the Secretary of State informs them that they may.

(4B) If the Secretary of State gives a warning notice to the governing body of a maintained school, any earlier warning notice given to the maintained school by the local authority ceases to have effect from that time.]

F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The [F6 relevant authority] must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

(a) the Chief Inspector,

(b) the head teacher of the school,

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

(d) in the case of a foundation or voluntary school, the person who appoints the foundation governors.

[F11 (6A) If a local authority give a warning notice to the governing body of a maintained school they must, at the same time, give a copy of it to the Secretary of State.

(6B) If the Secretary of State gives a warning notice to the governing body of a maintained school the Secretary of State must, at the same time, give a copy of it to the local authority.]

F12 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 (10) In this section “relevant authority” means—

(a) the local authority, or

(b) the Secretary of State.]

Textual Amendments

F4 S. 60 title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 3; S.I. 2009/3317, art. 2, Sch.

F5 S. 60(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F6 Words in s. 60 substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F7 S. 60(4)(c) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(c), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F8 Word in s. 60(4)(d) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(d), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F9 S. 60(4A)(4B) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(e), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F10 S. 60(5) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(2)(f), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F11 S. 60(6A)(6B) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(g), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F12 S. 60(7)-(9) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(2)(h), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F13 S. 60(10) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(2)(i), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

Commencement Information

I2 S. 60 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

[F14 60A Teachers' pay and conditions warning notice E+W

[F15 (1) A maintained school is by virtue of this section eligible for intervention if—

(a) the local authority have given the governing body a warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the compliance period”) has expired,

(c) the governing body have failed to comply, or secure compliance, with the notice to the local authority's satisfaction by the end of the compliance period, and

(d) the local authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 64 to 66.]

(2) A [local authority] may give a warning notice to the governing body of a maintained school where the authority are satisfied that—

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

(b) the governing body have failed to secure that the head teacher of the school complies with such a provision.

(3) In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.

(4) For the purposes of this section a “warning notice” is a notice in writing by the [local authority] setting out—

(a) the matters on which the conclusion mentioned in subsection (2) is based,

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

(c) [F16 the compliance period for the purposes of subsection (1)(c),] and

(d) the action which the [local authority] are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.

F17 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The [local authority] must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

[F18 (za) the Secretary of State,]

(a) the head teacher of the school,

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

(c) in the case of a foundation or voluntary school, the person who appoints the foundation governors.

F19 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (10)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 S. 60A inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 4; S.I. 2009/3317, art. 2, Sch.

F15 S. 60A(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F16 S. 60A(4)(c) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F17 S. 60A(5) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(2)(c), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F18 S. 60A(6)(za) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(2)(d), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F19 Ss. 60A(7)-(10) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(2)(e), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

[F20 60B Coasting schools E+W

(1) A maintained school is by virtue of this section eligible for intervention if—

(a) the school is coasting, and

(b) the Secretary of State has notified the governing body that it is coasting.

(2) The Secretary of State may by regulations provide that this section does not apply in relation to a school of a description specified in the regulations.

(3) The Secretary of State must by regulations define what “coasting” means in relation to a school to which this section applies.]

Textual Amendments

F20 S. 60B inserted (5.9.2016 for specified purposes, 11.1.2017 in so far as not already in force) by Education and Adoption Act 2016 (c. 6), ss. 1(3), 19(2); S.I. 2016/866, reg. 2; S.I. 2017/6, reg. 2(a)

Modifications etc. (not altering text)

C1 S. 60B excluded (11.1.2017) by The Coasting Schools (England) Regulations 2017 (S.I. 2017/9), regs. 1, 3(1)

C2 S. 60B excluded (1.9.2022) by The Coasting Schools (England) Regulations 2022 (S.I. 2022/720), regs. 1(1), 3

C3 S. 60B applied (with modifications) (1.9.2022) by S.I. 2007/2979, Sch. 1 para. 22A (as inserted by The Coasting Schools (England) Regulations 2022 (S.I. 2022/720), regs. 1(1), 6(2)(a))

61 School requiring significant improvement E+W

A maintained school is by virtue of this section eligible for intervention if—

(a) following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(b) of that Act (school requiring significant improvement), and

(b) where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, 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 Secretary of State a notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures).

Modifications etc. (not altering text)

C4 Ss. 61, 62 applied by S.I. 2007/2979, Sch. 1 para. 23C(1A) (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 3(a))

Commencement Information

I3 S. 61 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

62 School requiring special measures E+W

A maintained school is by virtue of this section eligible for intervention if—

(a) following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures), and

(b) where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the person making it did not state that in his opinion special measures were not required to be taken in relation to the school.

Modifications etc. (not altering text)

C4 Ss. 61, 62 applied by S.I. 2007/2979, Sch. 1 para. 23C(1A) (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 3(a))

Commencement Information

I4 S. 62 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Intervention by [F21 local authority] E+W

Textual Amendments

F21 Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)

63 Power of [F22 local authority] to require governing body to enter into arrangements E+W

(1) If at any time a maintained school is eligible for intervention [F23 other than by virtue of section 60A], then (subject to subsection (3)) the [F21 local authority] may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—

(a) to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,

(b) to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,

(c) to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or

(d) to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.

(2) Before exercising the power conferred by subsection (1), the [F21 local authority] must 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 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.

(3) Where the school is eligible for intervention by virtue of section 60 (school subject to [F24 performance standards and safety warning]), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by [F25 section 60(1)(b)]).

(4) A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.

Textual Amendments

F22 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 14(3)

F23 Words in s. 63(1) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 5(2); S.I. 2009/3317, art. 2, Sch.

F24 Words in s. 63(3) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 5(3); S.I. 2009/3317, art. 2, Sch.

F25 Words in s. 63(3) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(3), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

Commencement Information

I5 S. 63 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

64 Power of [F22 local authority] etc. to appoint additional governors E+W

(1) If at any time a maintained school is eligible for intervention, then (subject to [F26 subsection (2)]) the [F21 local authority] may appoint such number of additional governors as they think fit.

F27 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the school is eligible for intervention by virtue of section 60 (school subject to [F28 performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by [F29 section 60(1)(b)] [F30 or as the case may be [F31 section 60A(1)(b)]]).

(3) In relation to any appointment made by the [F21 local authority] by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the [F21 local authority] to appoint such number of additional governors as they think fit.

(4) If at any time—

(a) a voluntary aided school other than one falling within section 61 or 62 is eligible for intervention by virtue of section 60 (school subject to [F32 performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], and

(b) the [F21 local authority] have exercised their power to appoint additional governors under subsection (1),[F33 and]

[F33 (c) the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,]

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.

(5) Any additional foundation governors appointed under subsection (4)—

(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.

(6) If at any time—

(a) a voluntary aided school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or section 62 (school requiring special measures),

(b) the Secretary of State has not exercised his power under section 67 (power to appoint additional governors) in connection with the same inspection falling within section 61(a) or 62(a),

(c) the Secretary of State has not exercised his power under section 68 (power to direct closure of school), and

(d) the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received a notice under section 13(3)(a) of EA 2005 from the Chief Inspector,

the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.

(7) In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 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 (4) or (6) (as the case may be).

(8) Subject to subsection (9), 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 or a Roman Catholic Church school; or

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

(9) Where, in the case of any voluntary aided school not falling within subsection (8)(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 Secretary of State may, after consulting all those persons, determine.

Textual Amendments

F22 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 14(3)

F26 Words in s. 64(1) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 6(2)(a), 19(2); S.I. 2016/466, reg. 2

F27 S. 64(1A) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 6(2)(b), 19(2); S.I. 2016/466, reg. 2

F28 Words in s. 64(2) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(4)(a); S.I. 2009/3317, art. 2, Sch.

F29 Words in s. 64(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(4), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F30 Words in s. 64(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(4)(b); S.I. 2009/3317, art. 2, Sch.

F31 Words in s. 64(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(3), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F32 Words in s. 64(4)(a) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(5)(a); S.I. 2009/3317, art. 2, Sch.

F33 S. 64(4)(c) and word inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 6(5)(b); S.I. 2009/3317, art. 2, Sch.

Commencement Information

I6 S. 64 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

65 Power of [F22 local authority] to provide for governing body to consist of interim executive members E+W

(1) If at any time a maintained school is eligible for intervention, the [F21 local authority] may, with the consent of the Secretary of State, 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 6 (governing bodies consisting of interim executive members).

(2) Before exercising the power conferred by subsection (1), the [F21 local authority] must 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 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

F22 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 14(3)

Commencement Information

I7 S. 65 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

66 Power of [F22 local authority] to suspend right to delegated budget E+W

(1) If at any time—

(a) a maintained school is eligible for intervention, and

(b) the school has a delegated budget within the meaning of Part 2 of SSFA 1998,

then (subject to subsection (2)) the [F21 local 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 the school is eligible for intervention by virtue of section 60 (school subject to [F34 performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)], the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by [F35 section 60(1)(b)] [F36 or as the case may be [F37 section 60A(1)(b)]]).

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

(4) A suspension imposed under this section shall have effect for the purposes of Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15 to that Act.

Textual Amendments

F22 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 14(3)

F34 Words in s. 66(2) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 7(a); S.I. 2009/3317, art. 2, Sch.

F35 Words in s. 66(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 2(5), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

F36 Words in s. 66(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 7(b); S.I. 2009/3317, art. 2, Sch.

F37 Words in s. 66(2) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(4), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

Commencement Information

I8 S. 66 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Intervention by Secretary of State E+W

[F38 66A Power of Secretary of State to require governing body to enter into arrangements E+W

(1) If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the Secretary of State may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—

(a) to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,

(b) to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,

(c) to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or

(d) to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.

(2) Before exercising the power conferred by subsection (1), the Secretary of State must 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 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.

(3) Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).

(4) A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.]

Textual Amendments

F38 S. 66A inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 4, 19(2); S.I. 2016/466, reg. 2

67 Power of Secretary of State to appoint additional governors E+W

(1) If at any time a maintained school is eligible for intervention F39 ..., the Secretary of State 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, the Secretary of State must consult—

(a) the [F21 local 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 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) 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 the Secretary of State may determine.

(4) The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.

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

(6) Where the Secretary of State has exercised his power under this section in relation to a school, then—

(a) in any such case—

(i) the [F21 local authority] may not exercise their power under section 66(1) or paragraph 1 of Schedule 15 to SSFA 1998 to suspend the governing body's right to a delegated budget, and

(ii) if they have already exercised either of those powers, the Secretary of State must, if requested to do so by the governing body, revoke the suspension; and

(b) in the case of a voluntary aided school, nothing in regulations under section 19 of EA 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Secretary of State under this section.

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

(a) must be notified to the [F21 local authority] in writing, and

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

Textual Amendments

F21 Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)

F39 Words in s. 67(1) repealed (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 8, Sch. 16 Pt. 6; S.I. 2009/3317, art. 2, Sch.

Commencement Information

I9 S. 67 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

68 Power of Secretary of State to direct closure of school E+W

(1) If at any time a maintained school is eligible for intervention [F40 other than by virtue of section 60A], the Secretary of State may give a direction to the [F21 local authority] requiring the school to be discontinued on a date specified in the direction.

(2) Before giving a direction under subsection (1), the Secretary of State must consult—

(a) the [F21 local 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 or a Roman Catholic Church school, the appropriate diocesan authority,

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

F41 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) such other persons as the Secretary of State considers appropriate.

(3) On giving a direction under subsection (1) the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.

(4) Where the [F21 local authority] are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.

(5) In this section any reference to the discontinuance of a maintained school is a reference to the [F21 local authority] ceasing to maintain it.

Textual Amendments

F21 Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)

F40 Words in s. 68(1) substituted (17.11.2011) by Education Act 2011 (c. 21), ss. 44(2), 82(3); S.I. 2011/2750, art. 2

F41 S. 68(2)(d) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 60, Sch. 2 Pt. 1 (with art. 2(3))

Modifications etc. (not altering text)

C5 S. 68 applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 23

Commencement Information

I10 S. 68 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

69 Power of Secretary of State to provide for governing body to consist of interim executive members E+W

(1) If at any time a maintained school is eligible for intervention F42 ... ,the Secretary of State 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 6 (governing bodies consisting of interim executive members).

(2) Before exercising the power conferred by subsection (1), the Secretary of State must consult—

(a) the [F21 local 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 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 Secretary of State need not consult the persons mentioned in subsection (2)(b), (c) and (d) if the [F21 local authority] have consulted them under subsection (2) of section 65 in relation to a proposed notice under subsection (1) of that section.

[F43 (4) Subsection (2) does not apply if an Academy order has effect in respect of the school.]

Textual Amendments

F21 Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)

F42 Words in s. 69(1) repealed (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 9, Sch. 16 Pt. 6; S.I. 2009/3317, art. 2, Sch.

F43 S. 69(4) inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 21; S.I. 2010/1937, art. 2, Sch. 1

Modifications etc. (not altering text)

C6 S. 69 applied (with modifications) by S.I. 2007/2978 reg. 24(1) (as inserted (1.9.2012) by The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/1825), regs. 1(1), 2(10))

Commencement Information

I11 S. 69 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

F44 69A Power of Secretary of State to direct local authority to give performance standards and safety warning notice E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 S. 69A omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(6), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

[F45 69B Power of Secretary of State to direct [local authority] to give teachers' pay and conditions warning notice E+W

(1) This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.

(2) The condition is that there are reasonable grounds for a [local authority] to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).

(3) The condition is that one of the following applies—

(a) the authority have not given a warning notice to the governing body under section 60A on those grounds;

(b) the authority have done so, but in inadequate terms;

F46 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section [F47 60A(1)(b)]) has ended.

(4) The Secretary of State may direct the [local authority] to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.

(5) If the Secretary of State gives a direction under subsection (4) to a [local 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 Secretary of State 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 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 60A), and

(b) on the same day as they do so, give the Secretary of State 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 Secretary of State 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 60A).

(9) If the Secretary of State directs 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 Secretary of State a copy of the notice.

(10) Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).

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

Textual Amendments

F45 Ss. 69A, 69B inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 13 para. 10; S.I. 2009/3317, art. 2, Sch.

F46 S. 69B(3)(c) omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 3(5)(a), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

F47 Word in s. 69B(3)(d) substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 3(5)(b), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(2))

Governing bodies consisting of interim executive members: further provisions E+W

70 Governing bodies consisting of interim executive members E+W

Schedule 6 has effect in relation to any school in respect of which a notice has been given—

(a) under section 65(1) by the [F21 local authority], or

(b) under section 69(1) by the Secretary of State.

Textual Amendments

F21 Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)

Commencement Information

I12 S. 70 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

[F48 Interaction between different intervention powers etc E+W

Textual Amendments

F48 Ss. 70A-70C and cross-heading inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 6(3), 19(2); S.I. 2016/466, reg. 2

70A Duties for local authorities and Secretary of State to notify each other E+W

(1) A local authority must notify the Secretary of State before exercising a power under section 63, 64 or 66 in relation to a maintained school.

(2) The Secretary of State must notify the local authority before exercising a power under any of sections 66A to 69 in relation to a maintained school.

70B Restriction on use of local authority intervention powers E+W

(1) This section applies where a local authority are notified that the Secretary of State intends to exercise a power under any of sections 66A to 69 in relation to a maintained school.

(2) The local authority may not use any of their powers under section 63, 64 or 66 in relation to the school unless or until the Secretary of State notifies them that they may.

70C Secretary of State's power to take over responsibility for interim executive members E+W

(1) This section applies where a local authority have given the governing body of a maintained school a notice under section 65 (governing body to consist of interim executive members).

(2) The Secretary of State may take over responsibility for arrangements in connection with the interim executive members by giving notice to the local authority and, where the Secretary of State does so—

(a) the notice given by the local authority in accordance with section 65 is to be treated as having been given by the Secretary of State in accordance with section 69, and

(b) anything done by or in relation to the local authority under Schedule 6 is to be treated as having been done by or in relation to the Secretary of State.]

Amendments relating to schools causing concern E+W

71 Amendments relating to schools causing concern E+W

Schedule 7 contains amendments related to the provisions of this Part.

Commencement Information

I13 S. 71 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

Supplementary E+W

72 Duty of [F22 local authority] to have regard to guidance E+W

A [F21 local authority] must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.

Textual Amendments

F21 Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)

F22 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 14(3)

Commencement Information

I14 S. 72 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)

73 Interpretation of Part 4 E+W

In this Part—

• “appropriate diocesan authority” has the same meaning as in SSFA 1998;

• “Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• “Church of England school” and “Roman Catholic Church school” have the same meaning as in SSFA 1998;

• “eligible for intervention”, in relation to a maintained school, has the meaning given by section 59(2);

• “maintained school” has the meaning given by section 59(1).

• F49 ...

Textual Amendments

F49 Words in s. 73 omitted (18.4.2016) by virtue of Education and Adoption Act 2016 (c. 6), ss. 2(7), 19(2); S.I. 2016/466, reg. 2 (with reg. 4(1))

Commencement Information

I15 S. 73 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)