Education Act 1996

40 Implementation of proposals under section 35, etc.E+W

(1)Subject to subsection (3), a local education authority shall implement any proposals of theirs—

(a)which have been approved by the Secretary of State under section 37, or

(b)which they have determined under section 38 to implement.

(2)Where any particulars have been submitted under section 39 in connection with the proposals, the proposals shall be implemented in accordance with the particulars as approved by the Secretary of State.

(3)The Secretary of State may, at the request of a local education authority, modify any proposals which the authority are required to implement by virtue of this section.

(4)Subject to subsection (5), neither a local education authority nor any other person shall do or undertake to do anything for which proposals are required to be published and submitted under section 35 until the requirements of that section and section 39 have been complied with and any approval necessary under section 37 or 39 has been given.

(5)The Secretary of State may in any case allow such steps to be taken pending compliance with any such requirements and the giving of any such approval as he considers reasonable in the circumstances.