# Education Act 1996, Section 497: General default powers.

Extent: 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 authority in England, and
(b) the governing body of any community, foundation or voluntary school in England, of any community or foundation special school in England, or of any maintained nursery school in England.
(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.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

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Source: https://www.legislation.gov.uk/ukpga/1996/56/section/497 (the official version)
Page: https://openlegislation.uk/education-act-1996/section-497
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.