Education Act 2011

EA 2002

15 For section 96 substitute—

“96 Procedure for making certain orders and regulations

(1) This section applies where the Secretary of State proposes to make—

(a) an order under section 82(4), 84(6) or 87(3)(a) or (b), or

(b) regulations under section 91.

(2) The Secretary of State must give notice of the proposal to such of the following as appear to the Secretary of State to be concerned with the proposal—

(a) associations of local authorities,

(b) bodies representing the interests of school governing bodies, and

(c) organisations representing school teachers.

(3) The Secretary of State must also give notice of the proposal to any other persons with whom consultation appears to the Secretary of State to be desirable.

(4) The Secretary of State must give the bodies and other persons mentioned in subsections (2) and (3) a reasonable opportunity of submitting evidence and representations as to the issues arising from the proposal.

(5) After considering any evidence and representations submitted in pursuance of subsection (4), the Secretary of State must publish, in such manner as, in the Secretary of State’s opinion, is likely to bring them to the notice of persons with a special interest in education—

(a) a draft of the proposed order or regulations and any associated document, and

(b) a summary of the views expressed during the consultation.

(6) The Secretary of State must allow a period of at least one month beginning with the publication of the draft of the proposed order or regulations for the submission of any further evidence and representations as to the issues arising.

(7) When the period allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.”