Part 2

Establishment, discontinuance or alteration of schools

Discontinuance of schools

Proposals for discontinuance of schools maintained by local authority
15
1
Where a local authority in England propose to discontinue—
a
a community, foundation or voluntary school,
b
a community or foundation special school, or
c
a maintained nursery school,
the authority must publish their proposals under this section.
2
Where the governing body of—
a
a foundation or voluntary school in England, or
b
a foundation special school in England,
propose to discontinue the school, the governing body must publish their proposals under this section.
3
Proposals under this section must—
a
contain such information, and
b
be published in such manner,
as may be prescribed.
4
The matters to which the relevant body must 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 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 must have regard to any guidance given from time to time by the Secretary of State.
5
Where any proposals are published under subsection (2), the persons making the proposals must submit the proposals in accordance with regulations to the local authority.
6
Schedule 2 has effect in relation to the consideration, approval and implementation of proposals published under this section.
7
In this section—
a
“the relevant body” means the local authority mentioned in subsection (1) or the governing body mentioned in subsection (2)
(as the case may be);
b
“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.
8
In this Part any reference to a local authority—
a
discontinuing a school, or
b
implementing proposals to discontinue a school (whether published by the authority or the governing body),
is a reference to the authority ceasing to maintain the school.
S. 15 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)
Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)
Ss. 15-17 excluded (29.7.2010) by Academies Act 2010 (c. 32), ss. 6(9), 19(2); S.I. 2010/1937, art. 2, Sch. 1