Education Act 1998

F76 [ Request to patron by Minister

70

70. ... ]

Annotations:

Amendments:

F76

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

Modifications (not altering text):

C17

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

F76 [ 70. (1) Where the Minister is of the opinion that a board has failed to comply with a direction under section 69 , he or she may, by notice in writing, inform the patron and the board.

(2) A notice under subsection (1) shall

( a ) state that the Minister is of the opinion that the board has failed to comply with a direction under section 69 ,

( b ) set out the reasons for that opinion, and

( c ) state that the patron and the board may, within 14 days of the notice, make representations to the Minister in relation to the Minister s opinion.

(3) Where the Minister remains of the opinion, having considered any representations made pursuant to a notice under subsection (1) , that the board has failed to comply with a direction under section 69 , he or she may request the patron of the school concerned to direct the board to comply with the direction under section 69 .

(4) A patron shall comply with a request of the Minister under subsection (3) .

(5) A board shall comply with a direction of the patron under subsection (3) .

(6) Where, following a direction by the patron to the board to comply with a direction under section 69 , the patron is of the opinion that the board has failed to comply with the direction the patron shall, by notice in writing, inform the board.

(7) A notice under subsection (6) shall

( a ) state that the patron is of the opinion that the board has failed to comply with a direction under section 69 ,

( b ) set out the reasons for that opinion,

( c ) state that the patron proposes to appoint an independent person under subsection (8) , 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.

(8) Where the patron remains of the opinion, having considered any representations made by the board pursuant to a notice under subsection (6) , that the board has failed to comply with a direction under section 69 , the patron shall appoint an independent person who, in the patron s opinion, has the relevant knowledge and experience to carry out the remedial action set out in the direction under section 69 .

(9) The patron shall forward to the Minister a copy of a notice under subsection (6) and any representations made pursuant to that notice.

(10) An appointment under subsection (8) shall be for such period as the patron determines, and shall be subject to the consent of the Minister.

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

(12) A person appointed under subsection (8) shall carry out the remedial action set out in the direction under section 69 within such period as the patron, with the consent of the Minister, may direct.

(13) 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 (8) in relation to the performance by that person of his or her functions under this Act. ]