Education Act 2005

Directions to bring forward proposals to remedy excessive provision

3 (1) This paragraph applies where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools—

(a) in the area of any local education authority in England, or

(b) in any part of such an area,

is excessive.

(2) For the purpose of remedying the excess, the Secretary of State may—

(a) direct the local education authority to exercise their powers to make or invite proposals for the establishment, alteration or discontinuance of schools, and

(b) in the case of any foundation, voluntary or foundation special school maintained by the authority, direct the governing body to exercise their powers to make proposals for the alteration of their school.

(3) A direction under sub-paragraph (2) must—

(a) require the direction to be complied with not later than such date as may be specified in the direction, and

(b) require the body to whom the direction is given to apply such principles in giving effect to the direction as may be specified in the direction.

(4) A direction under sub-paragraph (2)(a) may not require the proposals to relate to any named school.

(5) Where any proposals under the 1998 Act are published in pursuance of a direction under sub-paragraph (2), the body concerned must (in addition to complying with section 28(6), 28A(6), 29(5) or 31(5) of the 1998 Act) 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.

(6) Where a notice under section 66 is published in pursuance of a direction under sub-paragraph (2), the local education authority concerned must send—

(a) a copy of the published notice, and

(b) a copy of any proposals published under that section in pursuance of the notice,

to the Secretary of State.