Education Act 2002

70 Proposals for additional secondary schools

(1) A local education authority in England may publish a notice under this section inviting proposals for the establishment of any school falling within subsection (2) as an additional secondary school.

(2) The following schools fall within this subsection—

(a) a community school;

(b) a foundation school;

(c) a voluntary school;

(d) an Academy.

(3) A notice under this section must—

(a) identify a possible site for the school,

(b) specify a date, being a date after the prescribed interval, by which proposals must be submitted,

(c) specify such other matters as may be prescribed, and

(d) 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) shall publish under this section any proposals submitted pursuant to the notice in accordance with subsection (4), and

(b) may publish under this section proposals of their own for the establishment of a community or foundation school as an additional secondary school.

(6) Regulations may prescribe—

(a) the manner in which proposals under this section must be published, and

(b) the information which proposals within subsection (5)(b) must contain.

(7) For the purposes of this section, a school is “additional” if it does not replace a secondary school falling within subsection (2) which has been or is to be discontinued; and in determining for the purposes of this section whether one school replaces another regard shall be had to any guidance given from time to time by the Secretary of State.

(8) For the purposes of this section “secondary school” does not include —

(a) a middle school, or

(b) a school which provides education suitable only to the requirements of persons above compulsory school age.

(9) Schedule 8 (which makes provision in relation to the consideration, approval and implementation of proposals published under this section) shall have effect.