Education Act 2005 (c. 18)

Part 2 E+W School organisation

64 Proposals not requiring consent of Secretary of State E+W

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 64 repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 30, 184, 188, Sch. 3 para. 49, Sch. 18 Pt. 3; S.I. 2007/935, art. 7(g)(o)(q)

65 Publication of proposals with consent of Secretary of State E+W

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 65 repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 30, 184, 188, Sch. 3 para. 49, Sch. 18 Pt. 3; S.I. 2007/935, art. 7(g)(o)(q)

Commencement Information

I1 S. 65 wholly in force at 1.9.2006; s. 65 not in force at Royal Assent see s. 125; s. 65 partly in force at 1.8.2006 by S.I. 2006/2129, art. 3 and s. 65 in force at 1.9.2006 insofar as not already in force by the said S.I. 2006/2129, art. 4

66 Proposals for new secondary schools in England E+W

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 66 repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 30, 184, 188, Sch. 3 para. 49, Sch. 18 Pt. 3; S.I. 2007/935, art. 7(g)(o)(q)

Commencement Information

I2 S.66 wholly in force at 1.9.2006; s. 66 not in force at Royal Assent see s. 125; s. 66(6)(10)(13) in force at 1.8.2006 and s. 66 in force at 1.9.2006 insofar as not already in force by S.I. 2006/2129, arts. 3, 4

67 Rationalisation of school places in England E+W

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 67 repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 30, 184, 188, Sch. 3 para. 49, Sch. 18 Pt. 3; S.I. 2007/935, art. 7(g)(o)(q)

68 Proposals for establishment of federated school [F5 in Wales] E+W

(1) Proposals under—

(a) section 28 F6 . . . or 31 of the School Standards and Framework Act 1998 (c. 31),

(b) section 113A of the Learning and Skills Act 2000 (c. 21),[F7 or]

(c) section 193 of the Education Act 2002,

(d) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the establishment of a new school may relate to the establishment of the school as a federated school.

(2) In this section “federated school” has the meaning given by section 24(2) of the Education Act 2002.

Textual Amendments

F5 S. 68: words in heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 30, 188, Sch. 3 para. 50(2); S.I. 2007/935, art. 7(g)(o)

F6 Words in s. 68(1)(a) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 30, 184, 188, Sch. 3 para. 50(3)(a), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(g)(o)(q)

F7 Word in s. 68(1)(b) inserted (25.5.2007) by Childcare Act 2006 (c. 21), ss. 30, 188, Sch. 3 para. 50(3)(b); S.I. 2007/935, art. 7(g)(o)

F8 S. 68(1)(d)(e) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 30, 184, 188, Sch. 3 para. 50(3)(c), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(g)(o)(q)

Modifications etc. (not altering text)

C1 S. 68 restricted (temp.) (1.9.2006) by The Education Act 2005 (Commencement No. 2 and Transitional Provisions and Savings) Order 2006, (S.I. 2006/2129), {art. 7}

69 LEA not to establish school on opposite side of Welsh border E+W

No proposals may be published under any enactment—

(a) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the establishment of a school in England which is proposed to be maintained by a local education authority in Wales.

Textual Amendments

F9 69(a) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 30, 184, 188, Sch. 3 para. 51, Sch. 18 Pt. 3; S.I. 2007/935, art. 7(g)(o)(q)

70 Proposals for discontinuance of rural primary school E+W

(1) Section 29 of the School Standards and Framework Act 1998 (proposals for discontinuance of community, foundation, voluntary or maintained nursery school) is amended as follows.

(2) For subsection (4) substitute—

“(4A) The matters to which the relevant body shall have regard in formulating any proposals under this section in relation to a rural primary school include—

(a) the likely effect of the discontinuance of the school on the local community,

(b) the availability, and likely cost to the local education authority, of transport to other schools,

(c) any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and

(d) any alternatives to the discontinuance of the school;

and in considering these matters the relevant body shall have regard to any guidance given from time to time by the Secretary of State.

(4B) Before publishing any proposals under this section which relate to a rural primary school, the relevant body shall consult—

(a) the registered parents of registered pupils at the school,

(b) where the relevant body are the governing body of the school, the local education authority,

(c) in a case where the local education authority are a county council in England, any district council for the area in which the school is situated,

(d) any parish council or community council for the area in which the school is situated, and

(e) such other persons as appear to the relevant body to be appropriate.

(4C) Before publishing any other proposals under this section the relevant body shall consult such persons as appear to them to be appropriate.

(4D) In discharging their duty under subsection (4B) or (4C) the relevant body shall have regard to any guidance given from time to time by the Secretary of State.”

(3) After subsection (9) insert—

“(9A) In this section “rural primary school” means a primary school designated as such for the purposes of this section by an order made by the Secretary of State.”

Commencement Information

I3 S. 70 partly in force; s. 70 not in force at Royal Assent, see s. 125; s. 70 in force for E. at 1.9.2006 by S.I. 2006/2129, art. 5

71 Proposals relating to maintained special school E+W

In section 31 of the School Standards and Framework Act 1998 (c. 31) (proposals in respect of community or foundation special school), for subsection (4) substitute—

“(4A) Before publishing any proposals under this section to make any prescribed alteration to a school, or to discontinue a school, the relevant body shall consult—

(a) the registered parents of registered pupils at the school,

(b) any local education authority which maintain a statement under section 324 of the Education Act 1996 (statement of special educational needs) in respect of a registered pupil at the school, and

(c) such other persons as appear to the relevant body to be appropriate.

(4B) Before publishing any proposals under this section to establish a new school, the relevant body shall consult such persons as appear to them to be appropriate.

(4C) In discharging their duty under subsection (4A) or (4B) the relevant body shall have regard to any guidance given from time to time by the Secretary of State.”

Commencement Information

I4 S. 71 partly in force; s. 71 not in force at Royal Assent see s. 125; s. 71 in force for certain purposes for W. at 1.9.2006 by S.I. 2006/1338, art. 3, Sch. 1 and in force for certain purposes for E. at 1.9.2006 by S.I. 2006/2129, art. 5

72 School organisation: further amendments E+W

Schedule 12 contains further amendments relating to proposals for the establishment, alteration or discontinuance of schools.

Commencement Information

I5 S. 72 partly in force; s. 72 not in force at Royal Assent see s. 125; s. 72 in force for certain purposes at 1.9.2006 by S.I. 2006/2129, art. 4 and for certain further purposes for E. at 1.9.2006 by S.I. 2006/2129, art. 5

73 Interpretation of Part 2 E+W

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 S.73 repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 30, 184, 188, Sch. 3 para. 52, Sch. 18 Pt. 3; S.I. 2007/935, art. 7(g)(o)(q)