SCHEDULES
SCHEDULE 11

Establishment of new schools

Amendments to Part 2 of EIA 2006
7
1
Section 11 (publication of proposals to establish maintained schools: special cases) is amended as follows.
2
Before subsection (1) insert—
A1
Subsection (A2) applies where a local authority in England publish a notice under section 7 (notice inviting proposals for establishment of new schools), and—
a
no proposals are made pursuant to the notice, or
b
proposals are made pursuant to the notice but none of the proposals are approved under Schedule 2 or result in Academy arrangements being entered into.
A2
The local authority may publish under this section proposals of their own to establish a new community, community special, foundation or foundation special school, which is not to be one providing education suitable only to the requirements of persons above compulsory school age.
A3
Where a local authority in England propose to establish a new community, community special, foundation or foundation special school, which—
a
is to be a primary school, and
b
is to replace a maintained infant school and a maintained junior school,
the authority must publish their proposals under this section.
3
After subsection (1) insert—
1A
Where any persons (“proposers”) propose to establish a new voluntary aided school in England, they may publish their proposals under this section.
4
In subsection (2)—
a
after “voluntary” insert “ controlled ”;
b
before paragraph (b) insert—
aa
is to replace one or more foundation or voluntary schools which have a religious character,
.
5
After subsection (2) insert—
2A
For the purposes of subsection (2)(aa), a new foundation or voluntary controlled school replaces a foundation or voluntary school which has a religious character if it is proposed that the new school—
a
should have the same religious character,
b
should have a different religious character, or
c
should not have a religious character.
6
In subsection (3), after “voluntary” insert “ controlled ”.
7
In subsection (7), after “subsection” insert “ (1A) or ”.
8
For subsection (9) substitute—
9
In this section—
- “maintained infant school” means a maintained school that provides primary education suitable to the requirements of children of compulsory school age who have not attained the age of 8;
- “maintained junior school” means a maintained school that provides primary education suitable to the requirements of junior pupils who have attained the age of 7;
- “non-maintained special school” means a school which is approved under section 342 of EA 1996.
Sch. 11 para. 7 in force at 1.2.2012 by S.I. 2012/84, art. 3 (with art. 4)