17Direction requiring discontinuance of community or foundation special schoolE+W
(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 [F1local 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 [F1local 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 [F1local authority],
(b)any other [F1local 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 [F1local 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.
Textual Amendments
F1Words 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)
Modifications etc. (not altering text)
C1S. 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))
C2Ss. 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
Commencement Information
I1S. 17 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)