Section 23 Power of Welsh Ministers to interveneC1C2C3C4C5C6C7C8C9C10I1
The Welsh Ministers have the power to intervene under this Chapter in the exercise of education functions by a local authority if subsection (2) or (3) applies.
This subsection applies if—
the Welsh Ministers have given a warning notice, and
the local authority has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period.
This subsection applies if the Welsh Ministers are satisfied that one or more of grounds 1 to 3 exist in relation to the local authority and they have reason to believe that—
there is a related risk to the health or safety of any person that calls for urgent intervention under this Chapter, or
the local authority is unlikely to be able to comply, or secure compliance, with a warning notice.
Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review.
If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise of their powers under this Chapter would not be appropriate for any other reason, they must notify the local authority of their conclusion in writing.
The Welsh Ministers' power to intervene continues in effect until they give notice under subsection (5).
Where the Welsh Ministers have the power to intervene, they are not limited to taking the action they said they were minded to take in a warning notice.
Annotations
Modifications
- C1
Pt. 2 Ch. 2 modified by 1998 c. 30, s. 19(13) (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))
- C2
Pt. 2 Ch. 2 modified by 2005 c. 18, s. 114(8)(c) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 8(3)(c); S.I. 2014/178, art. 2(f) (with art. 3))
- C3
Pt. 2 Ch. 2 applied (with modifications) by 2006 c. 21, s. 29 (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 10; S.I. 2014/178, art. 2(f) (with art. 3))
- C4
Pt. 2 Ch. 2 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))
- C5
Pt. 2 Ch. 2 excluded by 1996 c. 56, s. 560(6) (as amended) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(7); S.I. 2014/178, art. 2(f) (with art. 3)
- C6
Pt. 2 Ch. 2 modified by 2004 c. 31, s. 50A(3) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 7(3); S.I. 2014/178, art. 2(f) (with art. 3))
- C7
Pt. 2 Ch. 2 applied (with modifications) by 2004 c. 31, s. 50A(1)(2) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 7(3); S.I. 2014/178, art. 2(f) (with art. 3))
- C8
Pt. 2 Ch. 2 applied (with modifications) by 2010 c. 15, s. 87(3)(b) (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))
- C9
Pt. 2 Ch. 2 excluded by 1996 c. 56, Sch. 1 para. 6(4) (as amended) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(8); S.I. 2014/178, art. 2(f) (with art. 3)
- C10
Pt. 2 Ch. 2 excluded by 1996 c. 56, s. 484(7) (as amended) (W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(3); S.I. 2014/178, art. 2(f) (with art. 3)
Commencement
- I1
S. 23 in force at 20.2.2014 by S.I. 2014/178, art. 2(b) (with art. 3)
Notes on Chapter 2
Modifications
- C11
Pt. 2 Ch. 2 applied (with modifications) by 1998 c. 31, s. 89C(2)(b) (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))
- C12
Pt. 2 Ch. 2 applied (with modifications) by 2000 c. 22, Sch. 1 para. 10 (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 5(2); S.I. 2014/178, art. 2(f) (with art. 3))
- C13
Pt. 2 Ch. 2 modified (1.4.2015) by Education (Wales) Act 2014 (anaw 5), ss. 20, 50(4) (with s. 20(3)); S.I. 2015/29, art. 3(j)
- C14
Pt. 2 Ch. 2 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(2)