The Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009

PART 2 EXERCISE OF CERTAIN EDUCATION FUNCTIONS

Functions relating to the reorganisation of schools

3.—(1) Subject to paragraph (2), the functions of a local education authority under the following provisions of the Education and Inspections Act 2006(1) (“the 2006 Act”) shall be exercisable by any preparing or shadow council which is a district council, as regards its district, at any time before the reorganisation date; and the preparing or shadow council shall be treated for that purpose as if it were a local education authority:

• section 7 (invitation for proposals for establishment of new schools),

• section 8 (proposals under section 7 relating to community or community special schools),

• section 9 (consultation and publicity in relation to notice and proposals under section 7),

• section 10 (publication of proposals with consent of Secretary of State),

• section 11 (publication of proposals to establish maintained schools: special cases),

• section 12 (establishment of school as federated school),

• section 15 (proposals for discontinuance of schools maintained by local education authority),

• section 16 (consultation in relation to proposals under section 15),

• section 18 (alterations that may be made under section 19),

• section 19 (publication of proposals for alteration of school),

• section 20 (restriction on power of governing body to publish foundation proposals),

• section 21 (proposals under section 19: procedure),

• section 22 (right of governing body to determine own foundation proposals),

• section 23 (rights of interested bodies in relation to proposals under section 21),

• section 24 (proposals under section 19: implementation),

• section 28 (restriction on establishment, alteration or discontinuance of schools),

• section 32 (interpretation of Part 2), and

• Schedule 2 (proposals for establishment or discontinuance of schools in England).

(2) A preparing or shadow council shall not exercise any function specified in paragraph (1) unless it has given to the local education authority for the council’s area at least seven days’ notice in writing of its intention, specifying the date on which the council first intends to exercise any such function.

(3) A local education authority which receives a notice under paragraph (2) shall, on and after the date specified in the notice, cease to exercise any function specified in paragraph (1) in the area of the council which gave the notice.

(4) Section 13 of the 2006 Act (schools established outside area of relevant LEA) and section 17 of that Act (direction requiring discontinuance of community or foundation special school), shall have effect in relation to the exercise by a preparing or shadow council which is a district council of any function specified in paragraph (1) as if references to the local education authority included references to the council.

(5) The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007(2) and the School Organisation (Prescribed Alteration to Maintained Schools) (England) Regulations 2007(3) shall apply for the purposes of paragraph (1) as if references to the local education authority included references to the preparing or shadow council.

(6) Any action taken by a predecessor council before the day on which these Regulations come into force which, had it been taken on or after that day, would to any extent have satisfied the requirements of section 9, 10(4), 11(6) or 16 of the 2006 Act, shall to that extent be treated as satisfied by the related preparing or shadow council (as the case may be).

(1)

2006 c.40.

(2)

S.I. 2007/1288, amended by S.I. 2007/3464.

(3)

S.I. 2007/1289, amended by S.I. 2007/3464.