Part 6Education
C1 Chapter 1Schools
87F1Application of enforcement powers under education legislation
F7A1
Subsections (1) and (2) do not apply in the case of a school in Wales.
1
Sections 496 and 497 of the Education Act 1996 (powers to give directions where responsible body of school in default of obligations, etc.) F2 and section 70 of the Education (Scotland) Act 1980 apply to the performance of a duty under section 85.
2
But neither of sections 496 and 497 of F3the Education Act 1996 applies to the performance of a duty under that section by the proprietor of an independent educational institution (other than a special school) F5 or an alternative provision Academy that is not an independent educational institutionF4; and section 70 of the Education (Scotland) Act 1980 does not apply to the performance of a duty under that section by the proprietor of an independent school.
F63
In the case of a school in Wales—
a
Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) applies to the performance of a duty under section 85, but as if—
i
the only relevant grounds for intervention were grounds 5 and 6 in section 2 of that Act, and
ii
sections 3 to 9 and 12 to 16 of that Act did not apply;
b
Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) applies to the performance of a duty under section 85, but as if—
i
the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act, and
ii
sections 24 to 27 of that Act did not apply.
4
But neither of Chapters 1 and 2 of Part 2 of the 2013 Act applies to the performance of a duty under section 85 by the proprietor of an independent educational institution (other than a special school).
Pt. 6 Ch. 1: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)