After section 11 of EIA 2006 there is inserted—
(1)The governing body of a maintained school may make proposals pursuant to a notice under section 7 or publish proposals under section 11(2) only if the governing body are for the time being designated for the purposes of this section—
(a)by the Secretary of State, or
(b)by a person authorised by the Secretary of State to designate governing bodies for those purposes.
(2)The governing body of a maintained nursery school may not be designated for the purposes of this section.”