Part 2Establishment, discontinuance or alteration of schools
Establishment of new schools
I1C1C211Publication of proposals to establish maintained schools: special cases
F4A1
Subsection (A2) applies where a local authority in England publish a notice under section 7 (notice inviting proposals for establishment of new schools), and—
a
no proposals are made pursuant to the notice, or
b
proposals are made pursuant to the notice but none of the proposals are approved under Schedule 2 or result in Academy arrangements being entered into.
A2
The local authority may publish under this section proposals of their own to establish a new community, community special, foundation or foundation special school, which is not to be one providing education suitable only to the requirements of persons above compulsory school age.
A3
Where a local authority in England propose to establish a new community, community special, foundation or foundation special school, which—
a
is to be a primary school, and
b
is to replace a maintained infant school and a maintained junior school,
the authority must publish their proposals under this section.
1
Where a F3local authority in England propose to establish—
a
a new maintained nursery school, or
F1b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the authority must publish their proposals under this section.
F51A
Where any persons (“proposers”) propose to establish a new voluntary aided school in England, they may publish their proposals under this section.
2
Where any persons (“proposers”) propose to establish a new foundation, voluntary F8controlled or foundation special school in England which—
F2a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9aa
is to replace one or more foundation or voluntary schools which have a religious character,
b
is to replace an independent school that is not an Academy, a city technology college or a city college for the technology of the arts, or
c
in the case of a new foundation special school, is to replace a non-maintained special school,
they must publish their proposals under this section.
F62A
For the purposes of subsection (2)(aa), a new foundation or voluntary controlled school replaces a foundation or voluntary school which has a religious character if it is proposed that the new school—
a
should have the same religious character,
b
should have a different religious character, or
c
should not have a religious character.
3
A new foundation, voluntary F7controlled or foundation special school is not to be regarded for the purposes of subsection (2)(b) as replacing an independent school unless—
a
the independent school has been registered under F11Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation of independent educational institutions in England) for a continuous period of at least two years ending with the date of the publication of the proposals under this section, and
b
it is proposed that the independent school should continue in existence but should then close as an independent school immediately before the proposals are implemented.
4
A new foundation special school is not to be regarded for the purposes of subsection (2)(c) as replacing a non-maintained special school unless—
a
the non-maintained special school has been approved under section 342 of EA 1996 (approval of non-maintained special schools) for a continuous period of at least two years ending with the date of the publication of the proposals, and
b
it is proposed that the non-maintained special school should continue in existence but should then close as a non-maintained special school immediately before the proposals are implemented.
5
Proposals under this section must—
a
contain such information, and
b
be published in such manner,
as may be prescribed.
6
Before publishing any proposals under this section, the authority or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.
7
8
Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.
9
F13In this section “non-maintained special school” means a school which is F12approved under section 342 of EA 1996.
F13In this section—
“maintained infant school” means a maintained school that provides primary education suitable to the requirements of children of compulsory school age who have not attained the age of 8;
“maintained junior school” means a maintained school that provides primary education suitable to the requirements of junior pupils who have attained the age of 7;
“non-maintained special school” means a school which is approved under section 342 of EA 1996.