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PART 2PROPOSALS MADE UNDER SECTION 113A

Decision by the Secretary of State

9.—(1) The Secretary of State shall notify the following persons of each decision taken under section 113A —

(a)the Council;

(b)the local education authority who maintain the school or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain the proposed school;

(c)where the proposals relate to an existing special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;

(d)the governing body of the school (except where the proposals are to establish a new 16 to 19 institution);

(e)the School Organisation Committee;

(f)the Diocesan Board of Education for any diocese of the Church of England and the Bishop of any Roman Catholic Church diocese any part of which is comprised in the area of the local education authority who maintain the school or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain the proposed school; and

(g)subject to paragraph (2), each objector.

(2) Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the Secretary of State may comply with the requirement in paragraph (1) by –

(a)notifying the person (if any) who appears to him to have arranged for the petition to be sent to the Council; or

(b)if there is no such person, notifying the objector whose name appears first on the petition.

(3) The Secretary of State may only approve proposals with modifications if the Council has consented to the modifications.