175Discontinuance of voluntary school in consequence of proposal to establish a further education corporation
(1)This section applies where—
(a)the governing body of a voluntary school intend to discontinue the school; and
(b)the intention arises in connection with a proposal by—
(i)a further education funding council, or
(ii)the Secretary of State,
for the establishment under section 16 of the [1992 c. 13.] Further and Higher Education Act 1992 of a further education corporation to conduct an educational institution in the same area.
(2)Where this section applies—
(a)sections 173 and 174 shall not apply;
(b)sections 41, 42, 43 and 45(1) and (4) to (6) shall apply as they would if the intention of the governing body were to make a significant change in the character of the school; and
(c)if the school is discontinued the duty of the local education authority to maintain the school as a voluntary school shall cease.