8 Reserve power of Secretary of State to secure proper performance of [local authority's] functions
School Standards and Framework Act 1998 (1998 c 31) | Legislation

Intervention by Secretary of State

8  Reserve power of Secretary of State to secure proper performance of [local authority's] functions

After section 497 of the Education Act 1996 there shall be inserted—

“497A Power to secure proper performance of [local authority's] functions

(1)     This section applies to a [local authority's] functions (of whatever nature) which relate to the provision of education—

(a)     for persons of compulsory school age (whether at school or otherwise), or

(b)     for persons of any age above or below that age who are registered as pupils at schools maintained by the authority.

(2)     If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a [local 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 (3) or (4).

(3)     The Secretary of State may under this subsection direct an officer of the authority to secure that that function is performed in such a way as to achieve such objectives as are specified in the direction.

(4)     The Secretary of State may under this

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