Paragraph 6E F1

(1)

If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that a local authority—

(a)

has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under paragraph 6B, 6C or 6D, or

(b)

has failed to discharge a duty imposed by or under any of those paragraphs,

they may give that local authority such directions as to the discharge of the duty as appear to them to be expedient.

(2)

A direction may be given under sub-paragraph (1) even if the performance of the duty is contingent on the opinion of the local authority.

(3)

A direction—

(a)

may be varied or revoked by the Welsh Ministers;

(b)

may be enforced, on the application of the Welsh Ministers, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981.

Annotations

Textual amendments

F1: Sch. 17 para. 6E and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 16(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 10); S.I. 2012/320, art. 3(k)

Notes on Schedule 17

Modifications

C1: Sch. 17: 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)