4(1)Before making any order under section 1 of this Act in respect of a new school, the local education authority shall consult the temporary governing body and head teacher.
(2)Before making any such order in respect of a new school which will be a voluntary school, the authority shall—
(a)secure the agreement of the temporary governing body to the terms of the proposed order ; and
(b)if it embodies or varies an instrument of government, secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.
(3)Where a local education authority propose to make any such order in respect of a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.
(4)On any reference to him under this paragraph the Secretary of State shall give such direction as he thinks fit.