School Standards and Framework Act 1998

Mainstream schools maintained by [F1 local authorities] E+W

Textual Amendments

F1 Words in Act 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. 10(3) (with Sch. 2 para. 10(4))

28 Proposals for establishment or alteration of community, foundation or voluntary school [F2 in Wales]. E+W

(1) Where a [F3 local authority] [F4 in Wales] propose—

(a) to establish a new community F5 ..., or

[F6 (aa) to establish a new maintained nursery school, or]

(b) to make any prescribed alteration to a community school, or

(c) to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school, [F7 or

(d) F8 ... to make any prescribed alteration to a maintained nursery school]

the authority shall publish their proposals under this section.

F9 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where—

(a) any persons (referred to in this Part as “promoters”) propose to establish a new F10 ... voluntary school [F11 in Wales] F12 ..., or

(b) the governing body of a foundation or voluntary school [F13 in Wales] F14 ... propose to make any prescribed alteration to the school,

those persons or (as the case may be) the governing body shall publish their proposals under this section.

[F15 (2A) A local authority or promoters may not publish proposals for the establishment of a new foundation school in Wales.]

F16 (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Proposals under this section shall—

(a) contain such information, and

(b) be published in such manner,

as may be prescribed.

F17 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Before publishing any proposals under this section, the relevant body or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body or promoters shall have regard to any guidance given from time to time by the [F18 Assembly].

F19 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F20 ... The relevant body or promoters shall send—

(a) a copy of [F21 any proposals published under this section], and

(b) such information in connection with those proposals as may be prescribed,

to the [F22 Assembly].

(8) Schedule 6 has effect F23 ... in relation to—

(a) the procedure for dealing with proposals under this section and their implementation; and

(b) the provision of premises or other assistance in connection with their implementation.

(9) Where any proposals published under this section—

(a) are for the transfer of a school to a site in a different area, or

(b) relate to a school which is, or (in the case of a new school) is proposed to be, situated in an area other than that of the [F3 local authority] who maintain, or (as the case may be) who it is proposed should maintain, the school,

the provisions of F24 ... Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.

(10) In this section “the relevant body or promoters” means the [F3 local authority], governing body or promoters mentioned in subsection (1) or (2) (as the case may be).

(11) In this Part—

(a) “alteration”, in the context of a prescribed alteration to a maintained school, means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—

(i) in the religious character of the school, or

(ii) whereby the school would acquire or lose a religious character; and

(b) “area” (without more) means a [F3 local authority] area.

(12) Any regulations made for the purposes of subsection (1)(b) or (2)(b) may be framed by reference to the opinion of the [F3 local authority].

Textual Amendments

F2 Words in s. 28 heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(10); S.I. 2007/935, art. 7(o)

F3 Words in Act 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. 10(2) (with Sch. 2 para. 10(4))

F4 Words in s. 28(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(2)(a); S.I. 2007/935, art. 7(o)

F5 Words in s. 28(1)(a) omitted (W.) (10.7.2011) by virtue of Education (Wales) Measure 2011 (nawm 7), ss. 26(2)(a), 33(1)(a) (with s. 28)

F6 S. 28(1)(aa) inserted (1.6.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 154(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 4); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 6)

F7 S. 28(1)(d) and word inserted (31.3.2004 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), ss. 154(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 6); S.I. 2006/2895, art. 2

F8 Words in s. 28(1)(d) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(2)(b), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F9 S. 28(1A) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(2), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)

F10 Words in s. 28(2)(a) omitted (W.) (10.7.2011) by virtue of Education (Wales) Measure 2011 (nawm 7), ss. 26(2)(b), 33(1)(a) (with s. 28)

F11 Words in s. 28(2)(a) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(3)(a); S.I. 2007/935, art. 7(o)

F12 Words in s. 28(2) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(2), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)

F13 Words in s. 28(2)(b) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(3)(b)(i); S.I. 2007/935, art. 7(o)

F14 Words in s. 28(2)(b) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(3)(b)(ii), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F15 S. 28(2A) inserted (W.) (10.7.2011) by Education (Wales) Measure 2011 (nawm 7), ss. 26(2)(c), 33(1)(a) (with s. 28)

F16 S. 28(2B) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(4), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F17 S. 28(4) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(4), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)

F18 Word in s. 28(5) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(5); S.I. 2007/935, art. 7(o)

F19 S. 28(6) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(6), Sch. 18 Pt. 3 (with savings in The School Organisation (Transitional Provisions) (England) Regulations 2007 (S.I. 2007/1355), regs. 1(1), 3(5), 24(5)); S.I. 2007/935, art. 7(o)(q)

F20 Words in s. 28(7) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(7)(a), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F21 Words in s. 28(7)(a) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(7)(b); S.I. 2007/935, art. 7(o)

F22 Word in s. 28(7) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(7)(c); S.I. 2007/935, art. 7(o)

F23 Words in s. 28(8) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(8), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F24 Words in s. 28(9) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(9), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

Modifications etc. (not altering text)

C1 S. 28 amended (1.4.1999) by S.I. 1999/125, art. 2(3).

C2 S. 28 extended (10.3.1999) by S.I. 1999/362, reg. 6(2)(3).

C3 S. 28 applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(1), 10, Sch. 1.

S. 28 applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(2), 10, Sch. 2.

S. 28 applied (with modifications) (1.9.1999) (temp.) by S.I. 1999/2633, regs. 4, 5(1), Sch. 1.

S. 28 modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.

C4 S. 28 modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.

C5 S. 28; Power to modify conferred (prosp.) by Education Act 2002 (c. 32), ss. 74(2)(a) 216 (with ss. 210(8), 214(4))

C6 S. 28: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

C7 S. 28 modified (1.6.2003 for E.) by Education Act 2002 (c. 32), ss. 74(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

C8 S. 28(3)(5)(6)(8)(10)(11) applied (with modifications) (E.) (1.9.2000) by S.I. 2000/2195, art. 4(1), Sch. 1

C9 S. 28(1)(b) excluded (temp. until 18.11.2007) (18.11.2005) by The Southwark London Borough Council (Prescribed Alteration) Order 2005 (S.I. 2005/2836), arts. 1(1), 2(a), 3

C10 S. 28(3)(7)(8)(10)(11) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 3 (as amended (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 12)

C11 S. 28(3) applied (with modifications) (1.9.1999) by S.I. 1999/2213, reg. 15, Sch.4.

s. 28(3): s. 28(3)(except para. (b)) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5

C12 S. 28(3) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)

C13 S. 28(5) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 1

C14 S. 28(5) applied (with modifications) by S.I. 1999/2213, reg. 15, Sch.4

s. 28(5) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5

C15 S. 28(5)(6) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)

C16 S. 28(7) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5

C17 S. 28(8) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)

C18 S. 28(10) applied (with modifications) (1.9.1999) by S.I. 1999/2213, reg. 15, Sch.4.

s. 28(10) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5

Commencement Information

I1 S. 28 wholly in force at 1.9.1999; s. 28 not in force at Royal Assent see s. 145(3); s. 28(9) in force at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; s. 28(5)(10) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); S. 28 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

F25 28A Proposals for establishment of community, foundation or voluntary school maintained by English LEA E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 S. 28A repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 19, Sch. 18 Pt. 3 (with savings in The School Organisation (Transitional Provisions) (England) Regulations 2007 (S.I. 2007/1355), regs. 1(1), 3(5)); S.I. 2007/935, art. 7(o)(q)

29 Proposals for discontinuance of community, foundation, voluntary or maintained nursery school [F26 in Wales]. E+W

(1) Where a [F3 local authority] [F27 in Wales] propose to discontinue—

(a) a community, foundation or voluntary school, or

(b) a maintained nursery school,

the authority shall publish their proposals under this section.

(2) Where the governing body of a foundation or voluntary school [F28 in Wales] propose to discontinue the school, the governing body shall publish their proposals under this section.

(3) Proposals under this section shall—

(a) contain such information, and

(b) be published in such manner,

as may be prescribed.

[F29 (4A) The matters to which the relevant body shall have regard in formulating any proposals under this section in relation to a rural primary school include—

(a) the likely effect of the discontinuance of the school on the local community,

(b) the availability, and likely cost to the [F3 local authority], of transport to other schools,

(c) any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and

(d) any alternatives to the discontinuance of the school;

and in considering these matters the relevant body shall have regard to any guidance given from time to time by the [F30 Assembly].

(4B) Before publishing any proposals under this section which relate to a rural primary school, the relevant body shall consult—

(a) the registered parents of registered pupils at the school,

(b) where the relevant body are the governing body of the school, the [F3 local authority],

F31 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any F32 ... community council for the area in which the school is situated, and

(e) such other persons as appear to the relevant body to be appropriate.

(4C) Before publishing any other proposals under this section the relevant body shall consult such persons as appear to them to be appropriate.

(4D) In discharging their duty under subsection (4B) or (4C) the relevant body shall have regard to any guidance given from time to time by the [F33 Assembly].]

F34 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F35 ... The relevant body shall send—

(a) a copy of [F36 any proposals published under this section], and

(b) such information in connection with those proposals as may be prescribed,

to the [F37 Assembly].

(7) Schedule 6 has effect F38 ... in relation to the procedure for dealing with proposals under this section and their implementation.

(8) Where any proposals published under this section relate to a school which is situated in an area other than that of the [F3 local authority] who maintain it, the provisions of F39 ... Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.

(9) In this section “the relevant body” means the [F3 local authority] or governing body mentioned in subsection (1) or (2) (as the case may be).

[F40 (9A) In this section “rural primary school” means a primary school designated as such for the purposes of this section by an order made by the [F41 Assembly].]

(10) In this Part any reference to a [F3 local authority]—

(a) discontinuing a school, or

(b) implementing proposals to discontinue a school (whether published by the authority or the governing body),

is to the authority ceasing to maintain the school.

Textual Amendments

F3 Words in Act 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. 10(2) (with Sch. 2 para. 10(4))

F26 Words in s. 29 heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(12); S.I. 2007/935, art. 7(o)

F27 Words in s. 29(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(2); S.I. 2007/935, art. 7(o)

F28 Words in s. 29(2) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(3); S.I. 2007/935, art. 7(o)

F29 S. 29(4A)-(4D) substituted for s. 29(4) (1.9.2006 for E.) by Education Act 2005 (c. 18), ss. 70(2), 125(4) (with s. 119); S.I. 2006/2129, art. 5

F30 Word in s. 29(4A) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(4); S.I. 2007/935, art. 7(o)

F31 S. 29(4B)(c) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(5)(a), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F32 Words in s. 29(4B)(d) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(5)(b), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F33 Word in s. 29(4D) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(6); S.I. 2007/935, art. 7(o)

F34 S. 29(5) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(7), Sch. 18 Pt. 3 (with savings in The School Organisation (Transitional Provisions) (England) Regulations 2007 (S.I. 2007/1355), regs. 1(1), 3(5)); S.I. 2007/935, art. 7(o)(q)

F35 Words in s. 29(6) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(8)(a), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F36 Words in s. 29(6)(a) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(8)(b); S.I. 2007/935, art. 7(o)

F37 Word in s. 29(6) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(8)(c); S.I. 2007/935, art. 7(o)

F38 Words in s. 29(7) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(9), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F39 Words in s. 29(8) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(10), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F40 S. 29(9A) inserted (1.9.2006 for E.) by Education Act 2005 (c. 18), ss. 70(3), 125(4) (with s. 119); S.I. 2006/2129, art. 5

F41 Word in s. 29(9A) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(11); S.I. 2007/935, art. 7(o)

Modifications etc. (not altering text)

C19 S. 29(5) modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

Commencement Information

I2 S. 29 wholly in force at 1.9.1999; s. 29 not in force at Royal Assent see s. 145(3); s. 29(8) in force at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; s. 29(4)(9) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); s. 29 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

30 Notice by governing body to discontinue foundation or voluntary school. E+W

(1) Subject to the following provisions of this section, the governing body of a foundation or voluntary school may discontinue the school by serving on the Secretary of State and the [F3 local authority] at least two years’ notice of their intention to do so.

(2) If expenditure has been incurred on the school premises (otherwise than in connection with repairs)—

(a) by the Secretary of State,

(b) by the Funding Agency for Schools,

(c) by any [F3 local authority], or

(d) by an authority which was a local education authority within the meaning of any enactment repealed by the M1 Education Act 1944 or an earlier Act,

no such notice may be served without the consent of the Secretary of State.

(3) If discontinuing the school would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall, before serving a notice under this section, [F42 consult—

(a) if the school is in England—

(i) the [F43 Secretary of State], and

(ii) each local authority which has secured the provision of education for any such persons at the school;

(b) if the school is in Wales, the Welsh Ministers.]

(4) If, while a notice under subsection (1) is in force in respect of a foundation or voluntary school, the governing body inform the [F3 local authority] that they are unable or unwilling to carry on the school until the notice expires, the authority—

(a) may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and

(b) shall be entitled to use the school premises free of charge for that purpose.

(5) While the school is being so conducted—

(a) the authority shall keep the school premises in good repair, and

(b) any interest in the premises which is held for the purposes of the school shall be deemed, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, to be vested in the authority.

(6) Despite the provisions of subsection (5) the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if they had continued to carry on the school during the unexpired period of the notice.

(7) A notice served under subsection (1) may not be withdrawn without the consent of the [F3 local authority].

(8) If a foundation or voluntary school is discontinued under this section, the duty of the [F3 local authority] to maintain the school as a foundation or voluntary school shall cease.

[F44 (9) Nothing in any of the following provisions applies in relation to the discontinuance under this section of a foundation or voluntary school—

(a) sections 29 and 33 of this Act (which relate to Wales), and

(b) sections 15 and 28 of the Education and Inspections Act 2006 (which relate to England).]

(10) Where—

(a) land occupied by a foundation or voluntary school is held by any trustees for the purposes of the school, and

(b) the termination of the school’s occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site,

then if the trustees (being entitled to do so) give any notice to the governing body which purports to terminate the school’s occupation of the land, any such notice shall not be effective to terminate its occupation of the land unless the requirements of subsection (11) are complied with in relation to the notice (without prejudice to any other statutory or other requirements falling to be so complied with).

(11) The requirements of this subsection are—

(a) that the period of notice must—

(i) be reasonable having regard to the length of time that would be required to discontinue the school (if the governing body chose to do so), and

(ii) in any event must not be less than two years; and

(b) that a copy of the notice must be given to the Secretary of State and the [F3 local authority] at the time when the notice is given to the governing body.

(12) Where trustees give, at the same (or substantially the same) time, notices purporting to terminate a foundation or voluntary school’s occupation of two or more pieces of land held by the trustees for the purposes of the school, then for the purpose of determining whether subsection (10)(b) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the school’s occupation of both or all of them.

(13) If a question arises as to whether the termination of a school’s occupation of any land would have the result mentioned in subsection (10)(b) (including a question as to whether subsection (12) applies in any particular circumstances), it shall be determined by the Secretary of State.

Textual Amendments

F3 Words in Act 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. 10(2) (with Sch. 2 para. 10(4))

F42 Words in s. 30(3) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 35 (with art. 2(3))

F43 Words in s. 30(3)(a)(i) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 12; S.I. 2012/924, art. 2

F44 S. 30(9) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 21; S.I. 2007/935, art. 7(o)

Modifications etc. (not altering text)

C20 S. 30 excluded (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 68(4), 188(3); S.I. 2007/935, art. 5(j)

C21 S. 30 excluded (29.7.2010) by Academies Act 2010 (c. 32), ss. 6(9), 19(2); S.I. 2010/1937, art. 2, Sch. 1

Marginal Citations

M1 1944 c. 31.