Education Act 1998

F75 [ Direction to board by Minister

69

69. ... ]

Annotations:

Amendments:

F75

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

Modifications (not altering text):

C16

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

F75 [ 69. (1) Subject to this section, the Minister may issue a direction to a board.

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

(3) A notice under subsection (2) shall

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

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

(4) Where the Minister, having considered any representations made by the patron and the board pursuant to a notice under subsection (2) , remains of the opinion that subparagraph (i) , (ii) , (iii) , (iv) or (v) of subsection (3)(a) applies the Minister may nominate a person (in this section referred to as an authorised person ) who, in the opinion of the Minister, has the relevant knowledge and experience to prepare a report for the purposes of this section.

(5) The Minister shall, by notice in writing, inform the patron and the board where he or she has appointed an authorised person under subsection (4) and give reasons for the appointment.

(6) The authorised person shall, within such period as the Minister specifies, prepare and furnish to the Minister a report for the purposes of this section (in this section referred to as a report).

(7) The Minister, may where he or she considers it appropriate to do so, extend the period referred to in subsection (6) .

(8) When preparing a report an authorised person shall, having regard to the opinion of the Minister stated in the notice under subsection (2) and any representations made to the Minister by the patron or the board pursuant to that notice, do one or more of the following

( a ) ascertain whether or not a board has prepared and published an admission policy in accordance with this Act, and where he or she considers that the admission policy of the school has not been so prepared or published, set out the remedial action which he or she considers should be taken by the board,

( b ) ascertain whether or not the admission policy of the school complies with this Act, and where he or she considers that the admission policy of the school does not so comply, set out the remedial action which he or she considers should be taken by the board,

( c ) ascertain whether or not students are being admitted to the school in accordance with this Act and the admission policy of the school, and where he or she considers that students are not being so admitted, set out the remedial action which he or she considers should be taken by the board,

( d ) ascertain whether or not the board is complying with section 64 , and where he or she considers that the board is not so complying, set out the remedial action which he or she considers should be taken by the board, and

( e ) ascertain whether or not the board has complied with a direction under section 29D , 29E , 66 , 67(1) or 67(3) , and where he or she considers that the board has not so complied, set out the remedial action which he or she considers should be taken by the board.

(9) Where, having considered a report, the Minister remains of the opinion that subparagraph (i) , (ii) , (iii) , (iv) or (v) of subsection (3)(a) applies, the Minister may issue a direction in writing to the board of the school concerned.

(10) A direction under this section shall

( a ) state that the Minister is of the opinion, having regard to the report, that he or she should issue a direction to the board,

( b ) set out the reasons for that opinion,

( c ) attach a copy of the report,

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

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

(11) The Minister shall forward a copy of a direction under this section to the patron.

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

(13) The patron, board, teachers and other members of the staff of the school shall co-operate (including giving access to all relevant records) with an authorised person in relation to the performance by that person of his or her functions under this Act.

(14) An authorised person shall be paid by the Minister such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Public Expenditure and Reform, may determine. ]