Commentary Part 4: Schools Causing Concern Section 65: Power of LEA to provide for governing body to consist of interim executive members
291.This section re-enacts with amendments section 16A of the 1998 Act (as inserted by the 2002 Act), in its application to England. It gives local education authorities the power to appoint a specially constituted governing body in place of the existing governors at a school that is eligible for intervention under any of sections 53 to 55 of the Act. The specially constituted governing body is known as an “Interim Executive Board”. The power may only be exercised with the consent of the Secretary of State and the governing body must be given written notice of the exercise of the power. Before using the power the local education authority 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 other foundation or voluntary schools, the body that appoints the foundation governors.
292.There is no longer a requirement for the local education authority to have received a notice of receipt of the inspection report from the Secretary of State, or for a 10 day period to have elapsed once that notice has been received, before the LEA can appoint a governing body to consist of interim executive members.