Part 2

Establishment, discontinuance or alteration of schools

Discontinuance of schools

Direction requiring discontinuance of community or foundation special school
17
1
The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school in England, give a direction to the local authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.
2
A direction under subsection (1) may require the local authority to notify any persons or class of persons specified in the direction.
3
Before giving a direction under subsection (1), the Secretary of State must consult—
a
the local authority,
b
any other local authority who would in his opinion be affected by the discontinuance of the school,
c
in the case of a foundation special school which has a foundation, the person who appoints the foundation governors, and
d
such other persons as the Secretary of State considers appropriate.
4
On giving a direction under subsection (1), the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.
5
Where a local authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in section 15 or 28 applies to any such discontinuance of the school under this section.
S. 17 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)
S. 17 modified (E.) (11.3.2009) by The Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/276), regs. 1(1), 3(4) (with reg. 1(2))
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