10. Minister may appoint Director‑General to take over conduct of schools

Where the Minister is satisfied that the governing board of a school has failed to conduct the school efficiently or that the education of the pupils of the school is not being promoted in a proper manner, the Minister may by order appoint the Director‑General to exercise and perform the powers, duties and functions of the governing board for the period that the Minister may specify.

The Minister must not make an order under subsection (1) unless the Minister has given not less than 90 days’ notice in writing to the chairperson of the governing board of the Minister’s intention to appoint the Director‑General to exercise and perform all or such of the powers, duties and functions of the governing board and the chairperson may make representations to the Minister within 60 days of the service of the notice.

Where the Minister has made an order under subsection (1), no governor, while his or her appointment remains valid, may exercise or perform any power, authority, duty or function which the Director‑General is authorised to exercise or perform by that order and any such power, function or duty may be exercised or performed by the Director‑General in the name and on behalf of the governing board.

The costs and expenses incurred by the Director‑General pursuant to an appointment under this section are to be paid out of the funds of the governing board.