Part 2Establishment, discontinuance or alteration of schools

General

I328Restriction on establishment, alteration or discontinuance of schools

1

Except in pursuance of proposals falling to be implemented under this Part F1...—

a

no maintained school may be established or discontinued;

b

no prescribed alteration may be made to a maintained school.

2

In subsection (1)(b) “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.

3

Subsection (1) has effect subject to—

a

sections 17(5) and 68(4) (which relate to powers of the Secretary of State to require a maintained school to be discontinued),F3...

b

section 30(9) of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school)F4, and

c

section 6(2) of the Academies Act 2010 (requirement to cease to maintain school in respect of which Academy order has effect).

4

Except in pursuance of proposals falling to be implemented under section 27, no alteration falling within section 25(4)(a) or (b) may be made to a foundation or foundation special school.

I429Abolition of school organisation committees

Section 24 of, and Schedule 4 to, SSFA 1998 (which require F2local authorities in England to establish a school organisation committee for their area) cease to have effect.

I530Amendments relating to school organisation

Schedule 3 contains amendments relating to school organisation.

I131Transitional provisions

1

The Secretary of State may by regulations make such transitional provision as he considers appropriate in connection with the commencement of this Part.

2

Regulations under this section may, in particular, make provision with respect to—

a

the determination or implementation of proposals made under the previous enactments,

b

references made to school organisation committees or adjudicators under the previous enactments.

3

This section does not limit the powers conferred by section 183.

4

In this section “the previous enactments” means—

a

sections 28, 28A, 29, 31 and 35 of, and Schedules 6 and 8 to, SSFA 1998 (establishment, alteration, discontinuance or change of category of schools) so far as applying to England, and

b

sections 66 and 67 of, and Schedules 10 and 11 to, EA 2005.

I232Interpretation of Part 2

1

In this Part, except where the contrary intention appears—

  • “adjudicator” is to be read in accordance with section 25(3) of SSFA 1998;

  • “discontinue”, in relation to a maintained school, is to be read in accordance with section 15(8);

  • “foundation”, in relation to a foundation or voluntary school, has (subject to sections 25(8) and 27(8)) the meaning given by section 21(3) of SSFA 1998;

  • “F2local authority”, in relation to a school maintained (or proposed to be maintained) by a F2local authority, means that authority;

  • “maintain”, in relation to a maintained school, has the same meaning as in SSFA 1998;

  • “maintained school” means any of the following schools in England—

    1. a

      a community, foundation or voluntary school,

    2. b

      a community or foundation special school, or

    3. c

      a maintained nursery school;

  • “prescribed” means prescribed by regulations;

  • “regulations” means regulations made under this Part by the Secretary of State.

2

For the purposes of this Part, a foundation or voluntary school has a religious character if it is designated by order under section 69(3) of SSFA 1998 as a school having such a character.