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Section 5 Power to require governing body to secure advice or collaborateC1C2C3C4C5C6I1

(1)

This section applies if a local authority has the power to intervene in the conduct of one of its maintained schools.

(2)

The local authority may, with a view to improving the performance of the school, direct the governing body of the school to do either or both of the following—

(a)

enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature;

(b)

exercise such of the powers under section 5(2) of the Education (Wales) Measure 2011 (powers to collaborate) as are specified in the direction, subject to provision made in regulations under section 6 of that Measure.

(3)

Before giving a direction the local authority must consult—

(a)

the governing body of the school, and

(b)

in the case of 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.

(4)

A direction under subsection (2)(a) may require the contract or other arrangement to contain specified terms and conditions.

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. 5 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)