OpenLegislation

Section 10 Warning noticeC1C2C3C4C5C6I1

(1)

The Welsh Ministers may give a warning notice to the governing body of a maintained school if—

(a)

they are satisfied that one or more of grounds 1 to 6 exist in relation to the school, and

(b)

the local authority that maintains the school either—

(i)

has not given a warning notice to the governing body under section 3 on one or more of those grounds, or

(ii)

has given a warning notice, but in terms that are inadequate in the opinion of the Welsh Ministers.

(2)

The Welsh Ministers must specify each of the following in the warning notice—

(a)

the grounds for intervention;

(b)

the reasons why they are satisfied that the grounds exist;

(c)

the action they require the governing body to take in order to deal with the grounds for intervention;

(d)

the period within which the action is to be taken by the governing body (“the compliance period”);

(e)

the action they are minded to take if the governing body fails to take the required action.

(3)

If the Welsh Ministers give a warning notice to the governing body of a school, they must at the same time as they give the warning notice to the governing body give a copy of the warning notice to—

(a)

the local authority;

(b)

the head teacher;

(c)

if the school is a foundation or voluntary school—

(i)

the person who appoints the foundation governors, and

(ii)

if the school has a religious character, the appropriate religious body.

Annotations

Modifications

C1

Pt. 2 Ch. 1 power to modify conferred by 2011 nawm 7 s. 18(1)(a) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 13(3)(a); S.I. 2014/178, art. 2(f) (with art. 3))

C2

Pt. 2 Ch. 1 modified by 2002 c. 32, s. 34(7) (as amended) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 6(2); S.I. 2014/178, art. 2(f) (with art. 3)

C3

Pt. 2 Ch. 1 excluded by 2010 c. 15, s. 87(4) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 11(3); S.I. 2014/178, art. 2(f) (with art. 3))

C4

Pt. 2 Ch. 1 modified by 1998 c. 30, s. 19(12) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 3; S.I. 2014/178, art. 2(f) (with art. 3))

C5

Pt. 2 Ch. 1 applied (with modifications) by 2010 c. 15, s. 87(3)(a) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 11(3); S.I. 2014/178, art. 2(f) (with art. 3))

C6

Pt. 2 Ch. 1 modified by 1988 c. 40, s. 219(3A) (as inserted (W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 1(3); S.I. 2014/178, art. 2(f) (with art. 3))

Commencement

I1

S. 10 in force at 20.2.2014 by S.I. 2014/178, art. 2(a) (with art. 3)

Notes on Chapter 1

Modifications

C7

Pt. 2 Ch. 1 applied (with modifications) by 1998 c. 31, s. 89C(2)(a) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 4(5); S.I. 2014/178, art. 2(f) (with art. 3))

C8

Pt. 2 Ch. 1 applied (28.6.2024) by The Education (Co-ordination of School Admission Arrangements and Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/698), regs. 1(2), 7(1)