Commentary on provisions of Act Section 4: Power to require governing body to enter into arrangements
Section 4 inserts a new section 66A into the Education and Inspections Act 2006 to give the Secretary of State the power to give a governing body of a maintained school notice requiring it to take specified action to secure improvement of the school’s performance. This power can only be exercised in relation to a maintained school that is eligible for intervention, though not if the school is eligible for intervention by virtue of failure to comply with a teachers’ pay and conditions warning notice under section 60A. Local Authorities already have a similar power at section 63 of the Education and Inspections Act 2006.
	The notice under new section 66A may require the governing body to contract with another party (for example, the governing body of another school) for the provision of advisory services, to collaborate with another maintained school or further education body, or to form or join a federation of maintained schools under section 24 of the Education Act 2002. Section 66A(2) sets out consultation requirements the Secretary of State must comply with before giving a notice under section 66A.
	If the school is eligible for intervention further to a performance standards and safety warning notice under section 60 of the Education and Inspections Act 2006, this power can only be exercised within two months from the end of the compliance period specified in the warning notice in accordance with section 60(1)(b).