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Education Act 1993

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This is the original version (as it was originally enacted).

33Withdrawal, approval or rejection of proposals

(1)Proposals published under section 32 of this Act may not be withdrawn except with the consent of the Secretary of State and subject to such conditions as he may impose (which may, in particular, require further proposals to be published under that section within such period as the Secretary of State may specify).

(2)The Secretary of State—

(a)may reject any proposals published under section 32 of this Act, or

(b)where a school in respect of which such proposals are made is eligible for grant-maintained status on the date of publication of the proposals, may approve them without modification or, after consultation with the existing governing body, approve them with such modifications as he thinks desirable.

(3)Where the Secretary of State rejects any proposals published under section 32 of this Act in respect of a school which is eligible for grant-maintained status on the date of his determination, he may require the governing body to publish further proposals under section 32 of this Act within such period as he may specify.

(4)Where the Secretary of State imposes a requirement under subsection (1) or (3) above for the publication of further proposals, section 32(2) of this Act and Schedule 3 to this Act shall apply as they apply in the case mentioned in section 32(1), but with the following modifications—

(a)the reference in section 32(2) to the period of four months beginning with the date on which the result of the ballot is determined shall be taken as a reference to the period specified by the Secretary of State for submission of the further proposals required, and

(b)the reference in paragraph 2(1)(a) of Schedule 3 to the ballot shall be read as referring to the last ballot held in accordance with section 28 of this Act in relation to the school before the requirement in question was imposed.

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