SCHEDULES

SCHEDULE 4 E+W Distribution of functions where order made under section 27

Part III E+W Functions where responsibility for providing sufficient school places is transferred

Powers to establish, maintain and alter schools E+W

7 (1) The local education authority may not exercise the power under section 16 to establish any school, or to begin to maintain as a county school any school which is not such a school, (in both cases referred to in this paragraph as “the school in question”) unless—

(a) under sections 167 to 171 or section 173 their duty to maintain one or more other schools ceases; and

(b) the school in question is intended to provide education for pupils in the area which was served by the other school or (as the case may be) the other schools.

(2) This paragraph does not apply—

(a) to special schools;

(b) to nursery schools;

(c) where relevant education is only primary education, if the school in question is or will be a secondary school which also provides primary education; or

(d) where relevant education is only secondary education, if the school in question is or will be a primary school which also provides secondary education.