The Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999

Modification of section 262 of the 1996 Act

5.—(1) Section 262 of the 1996 Act shall have effect as if–

(a) in subsection (1), for “the funding authority” or “the authority” in each place where those words occur there were substituted “the Secretary of State”;

(b) for subsection (2) there were substituted–

“(2) Where the funding authority have published proposals under section 260 the governing body shall, if the Secretary of State so directs, submit to the Secretary of State at such time and in such form and manner as he may direct, the particulars mentioned in subsection (3); and particulars so submitted require the approval of the Secretary of State under this section.”;

(c) for subsection (3)(b) there were substituted–

“(b) such other particulars in respect of the premises or proposed premises of the school as the Secretary of State may require.”.

(2) Any directions given by the finding authority under section 262(1) of the 1996 Act before 1st April 1999 shall be treated for the purposes of that subsection (as modified in accordance with paragraph (1) above) as a direction given by the Secretary of State.

(3) The modifications made to section 262(2) and (3)(b) of the 1996 Act by paragraph (1) above shall not apply in any case where the funding authority have adopted particulars under section 262(2) of that Act before 1st April 1999.