Part IIE+W New framework for maintained schools

Chapter IIE+W Establishment, alteration or discontinuance of schools

Modifications etc. (not altering text)

Mainstream schools maintained by LEAsE+W

29 Proposals for discontinuance of community, foundation, voluntary or maintained nursery school.E+W

(1)Where a local education authority 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 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.

[F1(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 local education 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 Secretary of State.

(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 local education authority,

(c)in a case where the local education authority are a county council in England, any district council for the area in which the school is situated,

(d)any parish council or 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 Secretary of State.]

(5)Where any proposals published under this section relate to a school in England, the relevant body shall send—

(a)a copy of the published proposals, and

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

to the school organisation committee for the area of the local education authority who maintain the school.

(6)Where any proposals published under this section relate to a school in Wales, the relevant body shall send—

(a)a copy of the published proposals, and

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

to the Secretary of State.

(7)Schedule 6 has effect (for both England and Wales) 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 local education authority who maintain it, the provisions of subsection (5) and 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 local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).

[F2(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 Secretary of State.]

(10)In this Part any reference to a local education 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

F1S. 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

Modifications etc. (not altering text)

C2S. 29(5) modified (1.9.1999) by S.I. 1999/2213, reg. 15(2)(4), Sch. 5 Pt. I para. 2(b).

C3S. 29(5) modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

Commencement Information

I1S. 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).