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(1) If the Minister is satisfied that a local education authority has made default in the performance of any function imposed or conferred upon it by the provisions of this Act or any other enactment for the time being in force, he may by executive instrument, declare the local education authority to be in default and may, by the same or any other executive instrument-

(a) direct the local education authority to perform such of its functions in such manner and within such time as may be specified in the instrument for the purpose of removing the default; or

(b) transfer, after consultation with the Minister responsible for local government, to such person and for such period as he thinks fit, all or any of the functions of the local education authority in default.

(2) If a local education authority fails to comply with the terms of an instrument made in accordance with the provisions of paragraph (a) of subsection (1) of this section, the Minister may, after consultation with the Minister responsible for local government, order a transfer in accordance with the provisions of paragraph (b) of that subsection.

(3) Where a local authority is dissolved or suspended from the exercise of all its functions in accordance with the provisions of any enactment the local education authority shall, for the avoidance of doubts, continue to perform its functions as an education authority unless in the instrument of suspension or dissolution the functions of education are specifically included.

(4) The provisions of sections 8 and 9 of this Act shall not apply to a local education authority established under the provisions of subsection (3) of this section.

(5) Where any function of a local education authority has been transferred from that authority to another person in accordance with the provisions of paragraph (b) of subsection (1) of this section-

(a) the local education authority in default shall cease to perform that function for such period as the Minister thinks fit; and

(b) the expenses incurred by such other person in discharging such functions shall be paid by the local education authority in default.

(6) For the avoidance of doubts a person to whom the functions of a local education authority have been transferred shall be deemed for all purposes to be the local education authority and accordingly that person may sue and be sued in the name of the local education authority.