39.— (1) Subject to subsections (2) and (4), the Minister may, in relation to the performance by an education and training board of its functions, give a direction in writing to that board requiring it to comply with such policy decisions made by the Minister as are specified in the direction.

(2) The Minister shall, by notice in writing, inform an education and training board where he or she proposes to give a direction under subsection (1) and state the terms of the proposed direction.

(3) An education and training board may make representations in writing to the Minister in relation to the proposed direction not later than 14 days from the date of service of a notice under subsection (2).

(4) The Minister shall consider any representations made to him or her under subsection (3) prior to giving a direction under subsection (1).

(5) An education and training board or a chief executive of an education and training board, as may be appropriate, shall comply with a direction given to that board under this section.