497 General default powers.E+W
(1)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—
(a)any local education authority,
(b)the governing body of any county, voluntary or maintained special school, and
(c)the governing body of any grant-maintained school.
(3)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.
Modifications etc. (not altering text)
C1S. 497 modified (1.9.1998) by 1997 c. 44, s. 43(4); S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV.
C2S. 497 modified (1.11.1996) by 1988 c. 40, s. 219(3) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para.77 (with ss. 1(4), 561, 562, Sch. 39))
C3S. 497 modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
C4S. 497 extended (1.9.1999) by 1998 c. 31, s. 24, Sch. 4 para.10 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
C5Power to apply s. 497 conferred (1.10.1998) by 1998 c. 31, s. 105(7) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch.1 Pt. I.
C6S. 497 applied (3.12.1998) by S.I. 1998/2876, reg.21.