Explanatory Notes

Education Act 2002

2002 CHAPTER 32

24 July 2002

Commentary on Sections and Schedules

Part 4 – Powers of Intervention

Schools causing concern

Section 57: Power of LEA to provide for governing body to consist of interim executive members

166.This section provides the LEA with an additional power to appoint a specially constituted governing body in place of the pre-existing governors.

167.This power may be exercised only with the consent of the Secretary of State, or the NAW. The governing body must be given written notice of the exercise of the power. The section sets out the circumstances in which the LEA may exercise the power.

168.Before using the power the LEA must consult the governing body of the school; in the case of a church school, foundation or voluntary, the appropriate diocesan authority; and in the case of any other foundation or voluntary body those who appoint the foundation governors.