[F1(1)Every local education authority shall prepare a school organisation plan for their area, and shall prepare further such plans at such times as may be prescribed.
(2)A school organisation plan is a statement which sets out—
(a)how the authority propose to exercise their functions during the prescribed period with a view to securing the provision of [F2primary education, and secondary education suitable to the requirements of pupils of compulsory school age,] that will meet the needs of the population of their area during that period; and
[F3(ab)how the authority propose to exercise their powers during the prescribed period with a view to securing the provision of secondary education suitable to the requirements of pupils over compulsory school age during that period;]
(b)any facilities which the authority expect to be available outside their area for providing [F4education of a kind referred to in paragraph (a) or (ab)].
(3)A school organisation plan must deal with such matters, and take such form, as may be prescribed.
(4)The matters prescribed for the purposes of subsection (3) shall include the provision which the authority propose to make during the period in question for children with special educational needs.
(5)A school organisation plan prepared by a local education authority in England requires the approval of the school organisation committee or the adjudicator; and regulations may make provision with regard to the procedure to be followed in connection with the preparation and approval of such plans.
(6)Regulations under subsection (5) may, in particular, make provision—
(a)requiring a local education authority in England to publish a draft school organisation plan prepared by them, and enabling objections to be made to it;
(b)requiring—
(i)the draft plan (whether as published by the authority or as revised by them in the light of any such objections), and
(ii)all such objections,
to be submitted to the school organisation committee;
(c)authorising the matters so submitted to be also submitted, in any prescribed circumstances, to the adjudicator;
(d)for the functions of the school organisation committee in relation to the matters submitted to them by the authority, or in relation to any proposals made by the adjudicator, including power for the committee—
(i)to approve a draft plan with or without modifications, or
(ii)to prepare a school organisation plan for publication by the authority as their approved plan;
(e)for the functions of the adjudicator in relation to any matters submitted to him by virtue of paragraph (c), or referred to him by the committee in the exercise of any function conferred by virtue of paragraph (d), including power for the adjudicator—
(i)to approve a draft plan either with modifications proposed by the committee or without modifications, or
(ii)to make proposals to the committee for modifications to be made to the draft plan;
(f)requiring the publication of the plan as approved;
(g)requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.
(7)A school organisation plan prepared by a local education authority in Wales requires adoption by the authority; and regulations may make provision with regard to the procedure to be followed in connection with the preparation and adoption of such plans.
(8)Regulations under subsection (7) may, in particular, make provision—
(a)requiring a local education authority in Wales to publish a draft school organisation plan prepared by them, and to consult such bodies or persons in connection with the draft plan as may be prescribed;
(b)requiring the authority, in the light of such consultation, either—
(i)to adopt the draft plan with or without modifications, or
(ii)to prepare a further draft school organisation plan for publication and consultation in accordance with any provision made by virtue of paragraph (a);
(c)requiring the publication of the plan as adopted by the authority;
(d)requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.]
Textual Amendments
F1Ss. 26-26B repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 2(3)(b)
F2Words in s. 26(2)(a) substituted (28.7.2000 for specified purposes and otherwise 1.1.2001 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 80(a); S.I. 2000/2559, art. 2(3), Sch. Pt. III; S.I. 2001/1274, art. 2, Sch. Pt. I
F3S. 26(2)(ab) inserted (28.7.2000 for specified purposes and otherwise 1.1.2001 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 80(b); S.I. 2000/2559, art. 2(3), Sch. Pt. III; S.I. 2001/1274, art. 2, Sch. Pt. I
F4Words in s. 26(2)(b) substituted (28.7.2000 for specified purposes and otherwise 1.1.2001 for E. and 1.4.2001 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 80(c); S.I. 2000/2559, art. 2(3), Sch. Pt. III; S.I. 2001/1274, art. 2, Sch. Pt. I
Commencement Information
I1S. 26 wholly in force at 1.4.1999; s. 26 not in force at Royal Assent see s. 145(3); s. 26(2)-(8) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1, Pt. I; s. 26 in force at 1.4.1999 in so far as not already in force by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4).