Education Act 1998

F74 [ Direction to board and appointment of independent person by patron

68

68. ... ]

Annotations:

Amendments:

F74

Inserted by Education (Admission to Schools) Act 2018 (14/2018), s. 9, not commenced as of date of revision.

Modifications (not altering text):

C15

Prospective affecting provision: section inserted by Education (Admission to Schools) Act 2018 (14/2018), s. 9, not commenced as of date of revision.

F74 [ 68. (1) Subject to this section, the patron of a school may issue a direction to the board of a school and, where the board has failed to comply with the direction, the patron may appoint an independent person.

(2) A patron shall, by notice in writing, inform a board where he or she proposes to issue a direction under this section.

(3) A notice under subsection (2) shall

( a ) state that the patron is of the opinion that

(i) the board has failed to prepare and publish an admission policy,

(ii) the admission policy of the school does not comply with this Act,

(iii) students are not being admitted to the school in accordance with

(I) this Act, or

(II) the admission policy of the school,

(iv) the board has failed to comply with section 64 , or

(v) the board has failed to comply with a direction under section 29D , 29E , 66 , 67(1) or 67(3) ,

( b ) set out the reasons for that opinion,

( c ) state that the patron proposes to issue a direction under this section, and

( d ) state that the board may make representations to the patron in relation to the proposed direction not later than 14 days after the service of the notice.

(4) The patron may issue a direction in writing to the board where, having considered any representations made by the board pursuant to a notice under subsection (2) , the patron remains of the opinion that subparagraph (i) , (ii) , (iii) , (iv) or (v) of subsection (3)(a) applies.

(5) A direction under this section shall

( a ) state that the patron is of the opinion, having considered any representations made by the board pursuant to a notice under subsection (2), that he or she should issue a direction to the board,

( b ) set out the reasons for that opinion,

( c ) set out the remedial action to be taken by the board, and

( d ) set out the period within which the remedial action shall be taken.

(6) A board shall comply with a direction under this section.

(7) Where the patron is of the opinion that the board has failed to comply with a direction under this section, the patron may, by notice in writing, inform the board that he or she proposes to appoint an independent person under subsection (9)(b).

(8) A notice under subsection (7) shall

( a ) state that the patron is of the opinion that the board has failed to comply with a direction under this section,

( b ) set out the reasons for that opinion,

( c ) state that the patron proposes to appoint an independent person under subsection (9)(b) , and

( d ) state that the board may make representations to the patron in relation to the proposed appointment not later than 14 days after the service of the notice.

(9) Where, having considered any representations made pursuant to a notice under subsection (7) , the patron remains of the opinion that the board has failed to comply with a direction under this section, the patron may, where he or she considers it is appropriate to do so

( a ) forward a copy of the notice under subsection (7) and any representations made pursuant to that notice to the Minister, and

( b ) appoint an independent person or persons, who, in the opinion of the patron, has the relevant knowledge and experience, to carry out the remedial action set out in the direction.

(10) An appointment under subsection (9)(b) shall be subject to the consent of the Minister and shall be for such period as the patron, with the consent of the Minister, determines.

(11) The patron may, with the consent of the Minister, extend the period referred to in subsection (10) .

(12) The patron shall, by notice in writing, inform the board where he or she has appointed an independent person under subsection (9)(b) and give reasons for the appointment.

(13) A person appointed under subsection (9)(b) shall carry out the remedial action set out in the direction under this section within such period as the patron, with the consent of the Minister, may direct.

(14) The board, teachers and other members of the staff of the school shall co-operate (including giving access to all relevant records) with a person appointed under subsection (9)(b) in relation to the performance by that person of his or her functions under this Act.

(15) In this section and section 69 a reference to an admission policy includes a reference to an annual admission notice. ]