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Education Act 1996

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167 Proposals for discontinuance of a county, voluntary or nursery school.E+W

(1)Where a local education authority intend to cease to maintain—

(a)a county school,

(b)a voluntary school (except in accordance with section 173(7)), or

(c)a nursery school,

then (subject to subsection (6)) they shall publish proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.

(2)Proposals published under this section—

(a)shall include particulars of the time or times at which it is intended to implement the proposals; and

(b)shall be accompanied by a statement of the effect of section 168.

(3)Before formulating any such proposals in respect of a county or voluntary school, a local education authority shall consult the school’s governing body.

(4)Before publishing any proposals under this section the local education authority shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority shall have regard to any guidance given from time to time by the Secretary of State.

(5)Before publishing any proposals under subsection (1)(a) or (b) which (if implemented) would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the local education authority shall consult the appropriate further education funding council.

(6)No proposals shall be published under this section in respect of a school in respect of which proposals for acquisition of grant-maintained status have been approved under section 194.

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