28 Proposals for establishment or alteration of community, foundation or voluntary school.E+W
(1)Where a local education authority propose—
(a)to establish a new community or foundation school, or
[F1(aa)to establish a new maintained nursery school, or]
(b)to make any prescribed alteration to a community school, or
(c)to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school, [F2or
(d)in the case of a local education authority in Wales, to make any prescribed alteration to a maintained nursery school]
the authority shall publish their proposals under this section.
F3(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where—
(a)any persons (referred to in this Part as “promoters”) propose to establish a new foundation or voluntary school F4..., or
(b)the governing body of a foundation or voluntary school[F5, or of a community school maintained by a local education authority in England,] propose to make any prescribed alteration to the school,
those persons or (as the case may be) the governing body shall publish their proposals under this section.
[F6(2A)Subsections (1)(a) and (2)(a) do not apply to any proposal to establish a secondary school which is to be maintained by a local education authority in England.
(2B)For the purposes of subsection (2A), “secondary school” includes a middle school as respects which the relevant upper age is at least 16 years, but does not include a school which provides education suitable only to the requirements of persons above compulsory school age.]
(3)Proposals under this section shall—
(a)contain such information, and
(b)be published in such manner,
as may be prescribed.
F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Before publishing any proposals under this section, the relevant body or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body or promoters shall have regard to any guidance given from time to time by the Secretary of State.
(6)Where any proposals published under this section relate to a school or proposed school in England, the relevant body or promoters shall send—
(a)a copy of the published proposals, and
(b)such information in connection with those proposals as may be prescribed,
to the school organisation committee for the area of the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.
(7)Where any proposals published under this section relate to a school or proposed school in Wales, the relevant body or promoters shall send—
(a)a copy of the published proposals, and
(b)such information in connection with those proposals as may be prescribed,
to the Secretary of State.
(8)Schedule 6 has effect (for both England and Wales) in relation to—
(a)the procedure for dealing with proposals under this section and their implementation; and
(b)the provision of premises or other assistance in connection with their implementation.
(9)Where any proposals published under this section—
(a)are for the transfer of a school to a site in a different area, or
(b)relate to a school which is, or (in the case of a new school) is proposed to be, situated in an area other than that of the local education authority who maintain, or (as the case may be) who it is proposed should maintain, the school,
the provisions of subsection (6) and Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.
(10)In this section “the relevant body or promoters” means the local education authority, governing body or promoters mentioned in subsection (1) or (2) (as the case may be).
(11)In this Part—
(a)“alteration”, in the context of a prescribed alteration to a maintained school, means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—
(i)in the religious character of the school, or
(ii)whereby the school would acquire or lose a religious character; and
(b)“area” (without more) means a local education authority area.
(12)Any regulations made for the purposes of subsection (1)(b) or (2)(b) may be framed by reference to the opinion of the local education authority.
Textual Amendments
F1S. 28(1)(aa) inserted (1.6.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 154(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 4); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 6)
F2S. 28(1)(d) and preceding word inserted (31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 154(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 6)
F3S. 28(1A) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(2), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)
F4Words in s. 28(2) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(2), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)
F5Words in s. 28(2)(b) inserted (1.6.2003) by Education Act 2002 (c. 32), ss. 73, 216(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 2
F6S. 28(2A)(2B) inserted (1.9.2006) by Education Act 2005 (c. 18), ss. 64(3), 125(4); S.I. 2006/2129, art. 4 (with art. 6)
F7S. 28(4) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(4), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)
Modifications etc. (not altering text)
C1S. 28 amended (1.4.1999) by S.I. 1999/125, art. 2(3).
C2S. 28 extended (10.3.1999) by S.I. 1999/362, reg. 6(2)(3).
C3S. 28 applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(1), 10, Sch. 1.
S. 28 applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(2), 10, Sch. 2.
S. 28 applied (with modifications) (1.9.1999) (temp.) by S.I. 1999/2633, regs. 4, 5(1), Sch. 1.
S. 28 modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.
C4S. 28 modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.
C5S. 28; Power to modify conferred (prosp.) by Education Act 2002 (c. 32), ss. 74(2)(a) 216 (with ss. 210(8), 214(4))
C6S. 28: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
C7S. 28 modified (1.6.2003 for E.) by Education Act 2002 (c. 32), ss. 74(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3
C8S. 28(3)(5)(6)(8)(10)(11) applied (with modifications) (E.) (1.9.2000) by S.I. 2000/2195, art. 4(1), Sch. 1
C9S. 28(1)(b) excluded (temp. until 18.11.2007) (18.11.2005) by The Southwark London Borough Council (Prescribed Alteration) Order 2005 (S.I. 2005/2836), arts. 1(1), 2(a), 3
C10S. 28(3)(7)(8)(10)(11) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 3 (as amended (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 12)
C11S. 28(3) applied (with modifications) (1.9.1999) by S.I. 1999/2213, reg. 15, Sch.4.
s. 28(3): s. 28(3)(except para. (b)) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5
C12S. 28(3) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)
C13S. 28(5) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 1
C14S. 28(5) applied (with modifications) by S.I. 1999/2213, reg. 15, Sch.4
s. 28(5) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5
C15S. 28(5)(6) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)
C16S. 28(6) applied (with modifications) by S.I. 1999/2213, reg. 15, Sch.4.
S. 28(6) modified (1.9.1999) by S.I. 1999/2213, reg. 15(2)(4), Sch. 5 Pt. I para.1.
S. 28(6) modified (1.9.1999) by S.I. 1999/2213, reg. 15(2)(4), Sch. 5 Pt. I para. 2(a).
S. 28(6) modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.
C17S. 28(7) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5
C18S. 28(8) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)
C19S. 28(10) applied (with modifications) (1.9.1999) by S.I. 1999/2213, reg. 15, Sch.4.
s. 28(10) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5
Commencement Information
I1S. 28 wholly in force at 1.9.1999; s. 28 not in force at Royal Assent see s. 145(3); s. 28(9) in force at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; s. 28(5)(10) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); S. 28 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).