(1) In considering whether to issue any guidance or other circular to the governing bodies or head teachers of maintained schools in the exercise of functions relating to education, the Secretary of State and the National Assembly for Wales shall have regard to—
(a) the desirability of providing information about good educational practice, while recognising the professional expertise of teachers,
(b) the benefits that are expected to result from the issue of the guidance or other circular, and
(c) the desirability of avoiding—
(i) the sending of excessive material to governing bodies or head teachers, and
(ii) the imposition of excessive administrative burdens on governing bodies or head teachers.
(2) In pursuance of the duty in subsection (1) the Secretary of State shall in respect of each academic year—
(a) prepare a report listing—
(i) documents sent by him during the year to all governing bodies of maintained schools in England or to all head teachers of such schools, and
(ii) documents (not falling within sub-paragraph (i)) sent by him during the year to all governing bodies of maintained schools in England of a particular kind or to all head teachers of such schools of a particular kind, and
(b) lay a copy of the report before each House of Parliament, and include within it comparative statistics in respect of each of the two preceding academic years on documents falling within this subsection sent out by him.
(3) In pursuance of the duty in subsection (1) the National Assembly for Wales shall in respect of each academic year prepare and publish a report listing—
(a) documents sent by the Assembly during the year to all governing bodies of maintained schools in Wales or to all head teachers of such schools, and
(b) documents (not falling within paragraph (a)) sent by the Assembly during the year to all governing bodies of maintained schools in Wales of a particular kind or to all head teachers of such schools of a particular kind.
(4) The documents referred to in subsections (2) and (3) do not include any document sent by the Secretary of State or the National Assembly for Wales—
(a) otherwise than in the exercise of functions relating to education, or
(b) at the request of the person to whom it is sent.
(5) Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall list within it previous relevant documents issued by the Secretary of State or the National Assembly for Wales and shall state clearly those documents which are superseded by the current document.
(6) Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall state clearly the persons for whom any advice and guidance is intended.
(7) In this section “academic year” means a period beginning with 1st August and ending with the next 31st July.
(1) In this Chapter—
“budget share” has the same meaning as in Part 2 of the School Standards and Framework Act 1998 (c. 31);
“federation” and “federated school” in relation to England have the meaning given by section 24;
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“maintained nursery school” means a nursery school which is maintained by a local authority and is not a special school;
“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30).
(2) In this Chapter—
(a) references to a school having a delegated budget are references to the governing body of the school being entitled to manage the school’s budget share, and
(b) where a school has a delegated budget the governing body are accordingly said to have a right to a delegated budget.
40 Amendments of Part 2 of School Standards and Framework Act 1998
Schedule 3 (which contains amendments of Part 2 of the School Standards and Framework Act 1998 relating to the power conferred by section 27 and to the engagement of staff otherwise than as employees) shall have effect.
41 Determination of specified budgets of local authority
(1) After section 45 of the School Standards and Framework Act 1998 there is inserted—
Determination of specified budgets of local authority
45A (1) For the purposes of this Part, a local authority’s “ local authority budget” for a financial year is the amount appropriated by the authority for meeting all expenditure by the authority in that year of a class or description prescribed for the purposes of this subsection.
(2) For the purposes of this Part, a local authority’s “schools budget” for a financial year is the amount appropriated by the authority for meeting all expenditure by the authority in that year of a class or description prescribed for the purposes of this subsection (which may include expenditure incurred otherwise than in respect of schools).
(3) For the purposes of this Part, a local authority’s “individual schools budget” for a financial year is the amount remaining after deducting from the authority’s schools budget for that year such planned expenditure by the authority in respect of that year as they may determine should be so deducted in accordance with regulations.
(4) Regulations under subsection (3) may—
(a) prescribe classes or descriptions of expenditure which are authorised or required to be deducted from an authority’s schools budget;
(b) provide, in relation to any prescribed class or description of expenditure specified in the regulations, that such expenditure may only be deducted subject to either or both of the following, namely—
(i) such limit or limits (however framed) as may be specified by or determined in accordance with the regulations, and
(ii) such other conditions as may be so specified or determined.
(5) Before the schools budget deadline in any financial year, a local authority shall—
(a) determine the proposed amount of their schools budget for the following financial year, and
(b) give notice of their determination to the Secretary of State and to the governing body of every school maintained by the authority.
(6) For the purposes of this section and section 45B “the schools budget deadline” is—
(a) the end of December in the case of an authority in England, and
(b) the end of January in the case of an authority in Wales.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Section 46 of that Act (determination of local authority’s local schools budget and individual schools budget) shall cease to have effect.
After section 47 of the School Standards and Framework Act 1998 (c. 31) there is inserted—
Schools forums
Schools forums
47A (1) Every local authority shall in accordance with regulations establish for their area before such date as may be prescribed a body, to be known as a schools forum, representing the governing bodies and head teachers of schools maintained by the authority and, if the authority so determine, also representing such bodies as the authority may from time to time in accordance with regulations determine.
(2) Subsection (1) does not apply in relation to the Common Council of the City of London or the Council of the Isles of Scilly.
(3) The purpose of a schools forum is to advise the relevant authority on such matters relating to the authority’s schools budget as may be prescribed by regulations under section 45A(3) or by regulations under this subsection.
(4) Regulations under section 45A(3) or under subsection (3) may include provision requiring a relevant authority to have regard to advice given by their schools forum, or requiring a relevant authority to consult their schools forum in relation to prescribed matters or before taking prescribed decisions.
(5) Regulations may make provision as to the constitution, meetings and proceedings of a schools forum.
(6) Regulations made by virtue of subsection (5) may include provision enabling the Secretary of State in prescribed circumstances to remove from membership of a schools forum any non-schools member.
(7) Regulations may make provision with respect to expenses of a schools forum.
(8) Except as provided by regulations, the expenses of a schools forum shall be defrayed by the relevant authority.
(9) In this section—
“non-schools member”, in relation to a schools forum, means a member other than a schools member;
“relevant authority”, in relation to a schools forum, means the local authority by whom the forum is established;
“schools member”, in relation to a schools forum, means a member elected to represent governing bodies or head teachers of schools maintained by the relevant authority.
(1) Regulations may require the governing body of a maintained school—
(a) to keep prescribed accounts and prescribed records in relation to the accounts,
(b) to prepare prescribed financial statements or reports,
(c) to comply with prescribed conditions with respect to audit, and
(d) to send copies of the accounts, together with such financial statements or reports as may be prescribed, to the local authority.
(2) The regulations may—
(a) impose on the governing body requirements relating to—
(i) resources held by the governing body, and
(ii) other resources whose application is controlled by the governing body, and
(b) provide that for the purposes of the regulations any resources which, although not held by the governing body, appear to the local authority to be available for the purposes of the school or for the purposes of the maintenance of any part of the school premises are to be taken to fall within paragraph (a)(ii) unless the governing body satisfy the local authority that the governing body do not control the application of those resources.
(3) For the purposes of subsection (2), any powers exercisable by the head teacher are to be taken to be exercisable by the governing body.
(4) The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may require a local authority to give him or it copies of accounts or other documents received by the authority from a governing body in accordance with regulations under this section.
(5) The regulations may prescribe the form or manner in which, the period by reference to which, and the time within which, anything required by the regulations must be done.
(6) The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may—
(a) publish information provided in accordance with regulations under this section in such form and manner as he or it considers appropriate,
(b) make arrangements for such information to be published in such form and manner, and by such persons, as he or it may specify for the purposes of this section, and
(c) make regulations requiring local authorities to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed.
(7) In this section “maintained school” has the same meaning as in Chapter 1.
(1) Section 52 of the School Standards and Framework Act 1998 (c. 31) (financial statements by local authority ) is amended as follows.
(2) In subsection (2), the word “and” at the end of paragraph (b) is omitted and after paragraph (c) there is inserted
and
(d) accountable resources held, received or expended in the year by any person in relation to a school maintained by the authority.
(3) After subsection (2) there is inserted—
(2A) In subsection (2)(d), “accountable resources”, in relation to a maintained school, means any resources which are not provided by the local authority but in respect of which an obligation is imposed on the governing body of the school by virtue of regulations under section 44 of the Education Act 2002 (accounts of maintained schools).
After section 85 of the School Standards and Framework Act 1998 there is inserted—
Admission forums
Admission forums
85A (1) A local authority shall in accordance with regulations establish for their area a body, to be known as an admission forum, for the purpose of—
(a) advising the authority on such matters connected with the exercise of the authority’s functions under this Chapter as may be prescribed, and
(b) advising the admission authorities for maintained schools in the area for which the forum is established on—
(i) such matters connected with the determination of admission arrangements, and
(ii) such other matters connected with the admission of pupils,
as may be prescribed.
(2) The authority may establish sub-committees of the forum.
(3) Regulations may make provision—
(a) as to the constitution, meetings and proceedings of an admission forum and of any such sub-committee,
(b) as to the manner in which advice is to be given by a forum, and
(c) as to the establishment by local authorities of joint admission forums.
(4) The bodies mentioned in paragraphs (a) and (b) of subsection (1) shall have regard, in carrying out their functions, to any relevant advice given to them by an admission forum under that subsection.
(5) The local authority shall make arrangements for the forum (and any sub-committee established under subsection (2)) to be provided with accommodation and with such services as the authority consider appropriate.
(1) For section 86(5) of the School Standards and Framework Act 1998 (c. 31) (no prejudice for the purposes of subsection (3)(a) to be taken to arise from the admission of a number of pupils not exceeding the relevant standard number or the admission number, whichever is greater) there is substituted—
(5) No prejudice shall be taken to arise for the purposes of subsection (3)(a) from the admission to a maintained school in a school year of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year; but this subsection does not apply if the conditions set out in subsection (5A) are met in relation to the school and the school year.
(5A) Those conditions are—
(a) that the school is one at which boarding accommodation is provided for pupils; and
(b) that the determination under section 89 by the admission authority of the admission arrangements which are to apply for that year includes the determinations mentioned in paragraphs (a) and (b) of section 89A(2).
(5B) Where the conditions set out in subsection (5A) are met in relation to a maintained school and a school year, no prejudice shall be taken to arise for the purposes of subsection (3)(a) from either of the following—
(a) the admission to the school in that year as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year as boarders;
(b) the admission to the school in that year otherwise than as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year otherwise than as boarders.
(2) After section 89 of that Act there is inserted—
Determination of admission numbers
89A (1) A determination under section 89 by the admission authority for a maintained school of the admission arrangements which are to apply for a school year shall include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year.
(2) Such a determination under section 89 may also, if the school is one at which boarding accommodation is provided for pupils, include—
(a) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year as boarders, and
(b) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year otherwise than as boarders.
(3) Regulations may make provision about the making of any determination required by subsection (1), and may in particular require the admission authority for a maintained school to have regard, in making any such determination, to—
(a) any prescribed method of calculation, and
(b) any other prescribed matter.
(4) References in this section to the determination of any number include references to the determination of zero as that number.
After section 89A of the School Standards and Framework Act 1998 (c. 31) there is inserted—
Co-ordination of admission arrangements
89B (1) Regulations may require a local authority —
(a) to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and
(b) to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area.
(2) Subject to subsection (3), the Secretary of State may make, in relation to the area of a local authority and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area.
(3) A scheme may not be made under subsection (2) in relation to a local authority and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences—
(a) a scheme formulated by the local authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and
(b) the authority provide the Secretary of State with a copy of the scheme and inform him that the scheme has been so adopted.
(4) The Secretary of State may by regulations require local authorities to provide other local authorities with such information as may be required by them in connection with the exercise of any of their functions under this Chapter.
(5) Regulations may provide—
(a) that each local authority shall secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school shall be communicated to the parent of the child except on a single day, designated by the local authority, in each year, or
(b) that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school to offer or refuse a child admission to the school shall not be communicated to the parent of the child except on a prescribed day.
(6) In this section—
“academic year” means a period commencing with 1st August and ending with the next 31st July;
“qualifying scheme” means a scheme that meets prescribed requirements.
Further provision about schemes adopted or made by virtue of section 89B
89C (1) Regulations may make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on—
(a) local authorities, and
(b) the admission authorities for maintained schools.
(2) Regulations may provide that where a local authority or the governing body of a maintained school have, in such manner as may be prescribed, adopted a scheme formulated by a local authority for the purpose mentioned in section 89B(1)(a), sections 496 and 497 of the Education Act 1996 shall apply as if any obligations imposed on the local authority or governing body under the scheme were duties imposed on them by that Act.
(3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made by virtue of this section so provides, be made by the local authority regardless of whether they are the admission authority for the school.
(4) Before proposing a scheme for adoption under section 89B(1) a local authority shall comply with such requirements as to consultation as may be prescribed.
(5) Regulations under subsection (4) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other.
(6) Before making a scheme under section 89B(2) in relation to the area of any local authority, the Secretary of State shall consult—
(a) the local authority, and
(b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.
(7) A scheme made under section 89B(2) may be varied or revoked by the Secretary of State.
49 Repeal of power to make certain special arrangements for preserving religious character
Section 91 of the School Standards and Framework Act 1998 (c. 31) (special arrangements to preserve religious character of foundation or voluntary aided school) shall cease to have effect.
In section 94 of the School Standards and Framework Act 1998 (appeal arrangements: general) for subsection (5) there is substituted—
(5) An appeal pursuant to any arrangements made under this section shall be to an appeal panel constituted in accordance with regulations.
(5A) Regulations may make provision about the making of appeals pursuant to such arrangements, including provision—
(a) as to the procedure on such appeals,
(b) for the payment by the local authority of allowances to members of an appeal panel, and
(c) as to the grounds on which an appeal panel may, in the case of an appeal to which subsection (5B) applies, determine that a place is to be offered to the child concerned.
(5B) This subsection applies to any appeal against a decision made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section.
(5C) Regulations made by virtue of subsection (5A)(b) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an appeal panel.
(1) The head teacher of a maintained school in England may exclude a pupil from the school for a fixed period or permanently.
(2) The teacher in charge of a pupil referral unit in England may exclude a pupil from the unit for a fixed period or permanently.
(3) Regulations must make provision—
(a) requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2);
(b) requiring the responsible body, in prescribed cases, to consider whether the pupil should be reinstated;
(c) requiring the local authority to make arrangements enabling a prescribed person to apply to a review panel for a review, in any prescribed case, of a decision of the responsible body not to reinstate a pupil;
(d) about the constitution of a review panel;
(e) about the procedure to be followed on a review under paragraph (c).
(4) On an application by virtue of subsection (3)(c), the review panel may—
(a) uphold the decision of the responsible body,
(b) recommend that the responsible body reconsiders the matter, or
(c) if it considers that the decision of the responsible body was flawed when considered in the light of the principles applicable on an application for judicial review, quash the decision of the responsible body and direct the responsible body to reconsider the matter.
(5) Regulations may provide for the panel to have supplementary powers, and in particular may provide that the panel has the power to make a direction about the effect on an excluded pupil of a recommendation under subsection (4)(b) or a direction under subsection (4)(c).
(6) In a case where the panel gives a direction under subsection (4)(c) to the governing body of a maintained school, the panel may, in prescribed circumstances, order an adjustment of the school's budget share for a funding period.
(7) Regulations must make provision about—
(a) how the amount of the adjustment is to be determined;
(b) the effect of the adjustment on the budget shares of other maintained schools for the funding period.
(8) Regulations under this section may also make provision—
(a) for the payment by the local authority of allowances to members of the review panel;
(b) requiring a person or body exercising functions under subsection (1) or (2) or under the regulations to have regard to any guidance given from time to time by the Secretary of State;
(c) requiring local authorities to give prescribed information to the Secretary of State;
(d) in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).
(9) Regulations made by virtue of subsection (8)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a review panel.
(10) In this section—
“budget share” and “funding period” have the same meaning as in Part 2 of the School Standards and Framework Act 1998;
“exclude”, in relation to the exclusion of a pupil from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” is to be construed accordingly);
“maintained school” has the same meaning as in Chapter 1;
“the responsible body” means—
in relation to exclusion from a maintained school, the governing body of the school;
in relation to exclusion from a pupil referral unit, such person as may be prescribed.
(11) In relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) has effect in relation to such an exclusion as if—
(a) paragraph (b) were omitted, and
(b) the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil.
(12) Regulations may make provision for this section and regulations made under it to apply, with prescribed modifications, in relation to Academies or a description of Academy.
(1) The head teacher of a maintained school in Wales may exclude a pupil from the school for a fixed period or permanently.
(2) The teacher in charge of a pupil referral unit in Wales may exclude a pupil from the unit for a fixed period or permanently.
(3) Regulations shall make provision—
(a) requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2),
(b) requiring the responsible body, in prescribed cases, to consider whether the pupil should be reinstated,
(c) requiring the local authority to make arrangements for enabling a prescribed person to appeal, in any prescribed case, to a panel constituted in accordance with the regulations against any decision of the responsible body not to reinstate a pupil, and
(d) as to the procedure on appeals.
(4) Regulations under this section may also make provision—
(a) for the payment by the local authority of allowances to members of a panel constituted in accordance with the regulations,
(b) requiring a person or body exercising functions under subsection (1) or (2) or under the regulations to have regard to any guidance given from time to time ... by the National Assembly for Wales,
(c) requiring local authorities to give prescribed information to ... the Assembly, ... and
(d) in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).
(5) In subsection (3), “the responsible body” means—
(a) in relation to exclusion from a maintained school, the governing body of the school, and
(b) in relation to exclusion from a pupil referral unit, such person as may be prescribed;
and, in relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) shall have effect in relation to such an exclusion with the omission of paragraph (b) and as if the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil.
(6) Regulations made by virtue of subsection (4)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (c. 70) or (in relation to Wales) Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a panel constituted in accordance with regulations under this section.
(7) Regulations shall make provision enabling a prescribed person, in any prescribed case, to appeal to a panel constituted in accordance with the regulations against any decision made after 31st August 1994 under paragraph 7 of Schedule 1 to the Education Act 1996 (c. 56), or any enactment repealed by that Act, in relation to the permanent exclusion of a pupil from a pupil referral unit; and the provision that may be made by regulations made by virtue of this subsection in relation to any such decision includes any provision that could after the commencement of subsections (2) to (4) be made in relation to a decision falling within subsection (3)(c).
(8) Regulations under this section which—
(a) relate to exclusions from pupil referral units (whether before or after the passing of this Act), and
(b) are made before the repeal by this Act of the existing enactments is fully in force,
may provide for any provision made by or under the existing enactments to have effect in relation to exclusions from pupil referral units with such modifications as may be prescribed.
(9) In subsection (8) “the existing enactments” means sections 64(2) and (3) and 65 to 67 of, and Schedule 18 to, the School Standards and Framework Act 1998 (c. 31).
(10) In this section “exclude”, in relation to the exclusion of a child from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly).
(11) In this section “maintained school” has the same meaning as in Chapter 1.
(1) Section 63 of the School Standards and Framework Act 1998 (power to make regulations for targets relating to unauthorised absences) is amended as follows.
(2) In subsections (1) and (3), the word “unauthorised” is omitted.
(3) After subsection (3) there is inserted—
(3A) Provision made by regulations under this section may relate to—
(a) absences which are authorised pursuant to regulations under section 434 of the Education Act 1996, or
(b) absences which are not so authorised, or
(c) both.
(4) In subsection (4), the definition of “unauthorised absence” is omitted.
60 Powers of Secretary of State to secure proper performance of local authority's functions
(1) Section 497A of the Education Act 1996 (c. 56) (power to secure proper performance of functions of local authority) is amended as follows.
(2) For subsection (1) there is substituted—
(1) This section applies to a local authority’s functions under this Act and to other functions (of whatever nature) which are conferred on them in their capacity as a local authority.
(3) In subsection (2), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.
(4) After subsection (2) there is inserted—
(2A) 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 local authority in respect of any function to which 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 the previous direction the authority would fail in any respect to perform that function to an adequate standard (or at all).
(5) Subsection (3) is omitted.
(6) For subsection (4) there is substituted—
(4) 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.
(7) After subsection (4) there is inserted—
(4A) 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 authority shall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.
(4B) The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to any function) 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 is performed to an adequate standard.
(8) For subsection (5) there is substituted—
(5) 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 under subsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person should perform any such additional functions, the Secretary of State may have regard to financial considerations.
(9) In subsection (6), for paragraph (b) there is substituted—
(b) have effect for a period specified in the direction unless revoked earlier by the Secretary of State.
(10) In subsection (7), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.
61 Power to secure proper performance: duty of authority where directions contemplated
After section 497A of the Education Act 1996 (c. 56) there is inserted—
Power to secure proper performance: duty of authority where directions contemplated
497AA 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 local 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.
62 Power to secure proper performance: further provisions
(1) Section 497B of the Education Act 1996 is amended as follows.
(2) In subsection (1), for the words from “section 497A(4)” to “those directions” there is substituted “ section 497A(4) or (4A) to a local authority or to an officer of such an authority, the specified person ”.
(3) After that subsection there is inserted—
(1A) 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.
62A Power to require local authority in England to obtain advisory services
(1) This section applies where—
(a) one or more schools maintained by a local authority in England are for the purposes of Part 4 of the Education and Inspections Act 2006 (schools causing concern: England) eligible for intervention by virtue of either of the following provisions of that Act—
(i) section 61 (school requiring significant improvement), or
(ii) section 62 (school requiring special measures), and
(b) it appears to the Secretary of State that the local authority —
(i) have not been effective or are unlikely to be effective in eliminating deficiencies in the conduct of that school or those schools,
(ii) are unlikely to be effective in eliminating deficiencies in the conduct of other schools which may in the future fall within paragraph (a), or
(iii) maintain a disproportionate number of schools falling within that paragraph.
(1A) This section also applies where it appears to the Secretary of State that—
(a) a local authority in England maintain a disproportionate number of low-performing schools, and
(b) the authority—
(i) have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or
(ii) are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools.
(1B) In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low.
(1C) For the purposes of subsection (1B) 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;
(c) the standards attained by pupils at comparable schools.
(2) The Secretary of State may direct the local authority to enter into a contract or other arrangement with a person specified in the direction, or a person falling within a class so specified, for the provision to the authority or the governing body of any school maintained by them (or both) of specified services of an advisory nature.
(3) The direction may require the contract or other arrangement to contain specified terms and conditions.
(4) In this section
“pupil” has the same meaning as in the Education Act 1996 (see sections 3 and 19(5) of that Act);
“school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.
(5) Any direction given under this section shall be enforceable, on an application made on behalf of the Secretary of State, by a mandatory order.
64 Provisions supplementary to sections 62A and 63
(1) Where section 62A ... applies in relation to a local authority and the Secretary of State ... has notified the authority that he ...is contemplating the giving of a direction under that section, the authority shall give the Secretary of State..., and any person authorised by the Secretary of State... for the purposes of this subsection, such assistance, in connection with the proposed contract or other arrangement, as the authority are reasonably able to give.
(2) Where a direction under section 62A... is given to a local authority, the relevant person shall be entitled, for the purposes of providing the advisory services, to exercise the powers conferred by subsections (3) to (6).
(3) The relevant 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 provision of the advisory services.
(4) Section 497B(3) of the Education Act 1996 (c. 56) (right of access to computers etc) applies in relation to the exercise by the relevant person of the right conferred by subsection (3) as it applies to the exercise by the specified person (within the meaning of that section) of the right conferred by section 497B(2) of that Act.
(5) Without prejudice to subsection (3), the authority shall give the relevant person all assistance in connection with the provision of the advisory services which they are reasonably able to give.
(6) Subsection (3) applies 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 relevant person all assistance in connection with the provision of the advisory services 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.
(7) In this section—
“the advisory services” means the services to be provided in pursuance of the direction under section 62A...;
“documents” and “records” each include information recorded in any form;
“the relevant person” means—
the person specified under section 62A(2) ..., or
where the direction specifies a class of persons, the person with whom the local authority enter into the contract or other arrangement required by the direction,
and includes any person assisting that person in the provision of the advisory services.
In section 557 of the Education Act 1996 (uniform statutory trusts), in the definition of “relevant school” in subsection (10), after “means a relevant school” there is inserted “ , Academy, city technology college or city college for the technology of the arts, ”.
Schedule 10 (which makes amendments to the School Standards and Framework Act 1998 and the Learning and Skills Act 2000 in respect of the procedures for the establishment, alteration and discontinuance of certain maintained schools) shall have effect.