School Inspections Act 1996

38 Discontinuance of school conducted by education association

(1) Where the Secretary of State is of the opinion that a school conducted by an education association should be discontinued, he shall give notice in writing of his opinion and of the discontinuance date to—

(a) the education association;

(b) the local education authority;

(c) the funding authority (except in the case of a school in Wales before the Schools Funding Council for Wales have begun to exercise their functions); and

(d) if the school provides education to which section 2(1) of the [1992 c. 13.] Further and Higher Education Act 1992 applies, the appropriate further education funding council.

(2) The education association shall cease to conduct the school—

(a) on the date specified in the notice; or

(b) if at the request of the education association the Secretary of State subsequently fixes another date (whether in substitution for the date specified in the notice or in substitution for a date previously fixed under this subsection), on that date.

(3) Where the Secretary of State has given notice under this section, he may by order make provision for the disposal of the school property and the discharge of any liabilities of the education association in respect of the school.

(4) An order under subsection (3) may make any such provision (except provision for the dissolution of the education association) as is made by, or may be made by an order under, sections 274 to 279 of the Education Act 1996 (winding up and disposal of property) where proposals for the discontinuance of a grant-maintained school have been approved under section 269 of that Act.