(1)A local education authority in England may publish a notice under this section inviting proposals from persons other than local education authorities for the establishment of any new school falling within subsection (2).
(2)The schools falling within this subsection are—
(a)a foundation, voluntary or foundation special school, other than one providing education suitable only to the requirements of persons above compulsory school age, or
(b)an Academy.
(3)A notice under this section must—
(a)identify a possible site for the school,
(b)state whether or not the proposed school is to be a special school,
(c)specify a date, being a date after the prescribed interval, by which proposals must be submitted,
(d)specify such other matters as may be prescribed, and
(e)be published in the prescribed manner.
(4)Proposals made pursuant to a notice under this section must—
(a)contain the prescribed information, and
(b)be submitted to the local education authority before the date specified in the notice.
(5)After the date specified in a notice published by a local education authority under this section, the authority—
(a)must publish under this section any proposals submitted pursuant to the notice in accordance with subsection (4), and
(b)may publish under this section—
(i)proposals of their own for the establishment of a foundation school or a foundation special school, or
(ii)if section 8 permits them to do so, proposals of their own for the establishment of a community or community special school.
[F1(5A)A [local authority] may not publish under this section proposals within subsection (5)(b) for the establishment of a school providing education suitable only to the requirements of persons above compulsory school age.]
(6)Regulations may prescribe—
(a)the time within which proposals under this section must be published,
(b)the manner in which they must be published, and
(c)the information which proposals within subsection (5)(b) must contain.
(7)Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.
Textual Amendments
F1S. 7(5A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 126(3), 269(4); S.I. 2009/3317, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 7 modified (E.) (25.5.2007) by The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 (S.I. 2007/1288), reg. 1(1), Sch. 7 Pt. 1
Commencement Information
I1S. 7 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)