Part IX Ancillary functions
Chapter I Ancillary functions of Secretary of State
General functions
C1C39495 Determination of disputes.
C2C441
Except where this Act expressly provides otherwise, any dispute between a F30local authority and the governing body of a school as to the exercise of any power conferred or the performance of any duty imposed by or under this Act may be referred to the Secretary of State (despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the governing body).
C442
The Secretary of State shall determine any dispute referred to him under subsection (1).
3
Any dispute between two or more F30local authorities as to which of them is responsible for the provision of education for any pupil shall be determined by the Secretary of State.
C3C4C5C6C7C67C39C59C30C45C35C66C64C36C37C52C20C42C31C48496C64 Power to prevent unreasonable exercise of functions.
C271
If the Secretary of State is satisfied (either on a complaint by any person or otherwise) that a body to which this section applies have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient (and may do so despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the body).
2
The bodies to which this section applies are—
F453
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F454
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F445
This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).
C8C9C10C11C29C39C59C49C38C26C43C21C58C46C22C33C19C25C42C53C40497C46 General default powers.
C241
If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a body to which this section applies have failed to discharge any duty imposed on them by or for the purposes of this Act, he may make an order—
a
declaring the body to be in default in respect of that duty, and
b
giving such directions for the purpose of enforcing the performance of the duty as appear to him to be expedient.
2
The bodies to which this section applies are—
C243
Any directions given under subsection (1)(b) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.
F284
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F285
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F276
This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).
C39C23C12C50C62C65C34F5497A Power to secure proper performance of F43local authority’s education functions .
F201
C322
If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a F30local authority are failing in any respect to perform any function to which this section applies to an adequate standard (or at all), he may exercise his powers under subsection (F40(4), (4A) or (4B)).
F342A
The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where—
a
he has given a previous direction under subsection (4), (4A) or (4B) in relation to a F30local authority in respect of any function towhich this section applies, and
b
he is satisfied that it is likely that if no further direction were given under subsection (4), (4A) or (4B) on the expiry or revocation of theprevious direction the authority would fail in any respect to perform that function to an adequate standard (or at all).
C323
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C32F164
The Secretary of State may under this subsection give the authority or an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed on behalf of the authority by such person as is specified in the direction; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.
C32F224A
The Secretary of State may under this subsection direct that the function shall be exercised by the Secretary of State or a person nominated by him and that the authorityshall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.
F414AA
So far as is appropriate in consequence of a direction given under subsection (4A), a reference (however expressed) in an enactment, instrument or other document to a local authority is to be read as a reference to the person by whom the function is exercisable.
4AB
Subsection (4AC) applies if a direction given under subsection (4A) expires or is revoked without being replaced.
4AC
So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the local authority to which the direction was given.
C324B
The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to anyfunction) give the authority or an officer of the authority such other directions as the Secretary of State thinks expedient for the purpose of securing that the function isperformed to an adequate standard.
F255
Where the Secretary of State considers it expedient that—
a
in the case of directions given under subsection (4), the person specified in the directions, or
b
in the case of directions given under subsection (4A), the Secretary of State or a person nominated by him,
should perform other functions to which this section applies in addition to the function to which subsection (2) or (2A) applies, the directions undersubsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person shouldperform any such additional functions, the Secretary of State may have regard to financial considerations.
C326
Any direction under this section may either—
a
have effect for an indefinite period until revoked by the Secretary of State, or
F29b
have effect for a period specified in the direction unless revoked earlier by the Secretary of State.
C327
Any direction given under subsection F37(4), (4A) or (4B) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.
F368
This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).
C39C18C41C60C51C63C57497AAF23 Power to secure proper performance: duty of authority where directions contemplated
Where, in relation to any function to which section 497A applies, the Secretary of State—
a
is satisfied as mentioned in subsection (2) or (2A)(b) of that section, and
b
has notified the F30local authority that he is so satisfied and that he is contemplating the giving of directions under subsection (4) or (4A) of that section,
the authority shall give the Secretary of State, and any person authorised by him for the purposes of this section, all such assistance, in connection with the proposed exercise of the function by the Secretary of State or another person in pursuance of directions, as they are reasonably able to give.
C39C61C13C47C54F6497B Power to secure proper performance: further provisions.
C551
Where the Secretary of State gives directions under F15section 497A(4) or (4A) to a F30local authority or to an officer of such an authority, the specified person shall, in the performance of the function or functions specified in the directions, be entitled to exercise the powers conferred by this section.
C55F351A
In this section “the specified person” means—
a
in relation to directions under section 497A(4), the person specified in the directions, and
b
in relation to directions under section 497A(4A), the Secretary of State or the person nominated by him.
2
The specified person shall have at all reasonable times—
a
a right of entry to the premises of the authority, and
b
a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the performance of the specified function or functions.
C283
In exercising the right to inspect records or other documents under subsection (2), the specified person—
a
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and
b
may require—
i
the person by whom or on whose behalf the computer is or has been so used, or
ii
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form).
4
Without prejudice to subsection (2), the authority shall give the specified person all assistance in connection with the performance of the specified function or functions which they are reasonably able to give.
5
Subsection (2) shall apply in relation to any school maintained by the authority as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—
a
the governing body of any such school shall give the specified person all assistance in connection with the exercise of his functions which they are reasonably able to give; and
b
the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.
6
Any reference in this section to the specified person includes a reference to any person assisting him in the performance of the specified function or functions.
7
In this section “document” and “records” each include information recorded in any form.
Appointment of governors, etc.
C14C15C39498 Powers where no properly constituted governing body.
1
Where it appears to the Secretary of State that, by reason of the default of any person, there is no properly constituted governing body of a school to which this section applies, the Secretary of State—
a
may make such appointments and give such directions as he thinks desirable for the purpose of securing that there is a properly constituted governing body of that school, and
b
may give directions rendering valid any acts or proceedings which in his opinion are invalid or otherwise defective by reason of the default.
F72
This section applies to any community, foundation or voluntary school or any community or foundation special school.
Membership of education committees
499 Power to direct appointment of members of education committees.
1
2
The Secretary of State may by directions to any local authorities to which this subsection applies require—
a
every such committee, or
b
any such committee of a description specified in the direction,
to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts.
3
4
The Secretary of State may by directions to any local authorities to which this subsection applies require—
a
every such committee, or
b
any such committee of a description specified in the direction,
to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts or in such area as may be specified in the direction.
5
The power of the Secretary of State to give directions under subsection (2) or (4) shall be exercisable in relation to any sub-committees which—
a
are appointed by the authorities concerned or any such committee as is mentioned in that subsection, and
b
are so appointed wholly or partly for the purpose of discharging the authorities’ F46education functions,
as it is exercisable in relation to the committees themselves.
F86
Regulations may require—
a
any such committee as is mentioned in subsection (1) or (3), and
b
any sub-committee appointed by any authorities within subsection (1) or (3), or by any committee within paragraph (a) of this subsection, for the purpose mentioned in subsection (5)(b),
to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools in relation to which the committee or sub-committee acts.
7
Regulations may make provision for—
a
the number of persons who are to be elected for the purposes of subsection (6) in the case of any F30local authority;
b
the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election;
c
the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected;
d
the term of office of persons so elected and their voting rights;
e
the application to any such committee or sub-committee, with or without any modification, of any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority;
f
such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.
8
Regulations may also make provision—
a
enabling the Secretary of State to determine, where he considers it expedient to do so in view of the small number of maintained schools in relation to which a committee or sub-committee acts, that the requirement imposed on the committee or sub-committee by virtue of subsection (6) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools;
b
for any regulations under subsection (7) to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.
C56F219
In subsections (6) and (8)—
a
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and
b
“parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).
Rationalisation of school places
F9500. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10501. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11502. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12503. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13504. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14505. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medical examinations
506 Power to require medical examination of pupils.
1
Where—
a
a question is referred to the Secretary of State under section 442(3) or 495, and
b
in his opinion the examination of any pupil by a registered medical practitioner appointed by him for the purpose would assist in determining the question,
he may serve a notice on the parent of that pupil requiring the parent to present the pupil for examination by such a practitioner.
2
Any parent who without reasonable excuse fails to comply with any requirements of a notice served on him under subsection (1) is guilty of an offence.
3
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
Local inquiries
F32C16C17507 Power to direct local inquiries.
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