Education Act 1996

Proposals for discontinuance E+W

267 Proposals by governing body for discontinuance. E+W

(1) The governing body of a grant-maintained school may publish proposals under this section for the discontinuance of the school if they—

(a) decide by a resolution passed at a meeting of that body to publish such proposals, and

(b) confirm that decision by a resolution passed at a subsequent meeting of the governing body held not less than 28 days after that at which the first resolution was passed.

(2) Before passing such a resolution as is mentioned in subsection (1)(a), the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the governing body shall have regard to any guidance given to them from time to time by the Secretary of State.

(3) The governing body shall, as soon as practicable after the passing of the second resolution, give notice in writing of the second resolution to the local education authority.

(4) The governing body may, within the period of six months beginning with the date of the second resolution, publish proposals for the discontinuance of the school in such manner as may be prescribed and, where they do so, shall submit to the Secretary of State a copy of the published proposals.

(5) The published proposals shall specify the proposed date of discontinuance of the school.

(6) The published proposals shall be accompanied by a statement—

(a) indicating whether or not there are any proposals for the premises of the school to be used by any new or existing school, and

(b) explaining the effect of subsection (7).

(7) Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the Secretary of State by any of the following—

(a) any ten or more local government electors,

(b) the governing body of any school affected by the proposals,

(c) the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the M1 Further and Higher Education Act 1992 applies), and

(d) any local education authority concerned.

Marginal Citations

M1 1992 c. 13.

F1 268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 268 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12 and in S.I. 1999/704, reg. 6)

269 Approval, adoption or rejection of proposals. E+W

(1) Proposals published under section 267 require the approval of the Secretary of State.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where F3 . . .proposals require the approval of the Secretary of State, he may—

(a) reject them,

(b) approve them without modification, or

(c) after consulting the governing body F3 . . .approve them with the substitution of a different date for the date of discontinuance proposed.

(4) Where the Secretary of State approves any such proposals he shall give notice in writing of that fact and of the discontinuance date to the governing body and (except where the school is in Wales and the Schools Funding Council for Wales have not begun to exercise their functions) the funding authority.

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 269(2)(5)(6) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

F3 Words in s. 269(3) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

270 Implementation of proposals. E+W

(1) Where any proposals are approved under section 269, the governing body shall cease to conduct the school on the discontinuance date.

(2) In this section “the discontinuance date” means—

(a) the date of discontinuance specified in the proposals as approved, or

(b) if—

(i) at the request of the governing body, or

F4 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Secretary of State subsequently fixes another date (whether in substitution for the date specified in the proposals as approved or in substitution for a date previously fixed under this subsection), that date.

(3) The governing body of a grant-maintained school shall not discontinue the school except in pursuance of proposals published under section 267 or 268 and approved or adopted under section 269.

Textual Amendments

F4 S. 270(2)(b)(ii) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

F5 271 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 S. 271 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)