Education Act 1996

Making the statement E+W

5 (1) Where representations are made to a [F1 local authority] under paragraph 4(1)(a), the authority shall not make [F2 or amend] the statement until they have considered the representations and the period or the last of the periods allowed by paragraph 4 for making requirements or further representations has expired. E+W

(2) [F3 If a [F1 local authority] make a statement, it] may be in the form originally proposed (except as to the matters required to be excluded from the copy of the proposed statement) or in a form modified in the light of the representations.

[F4 (2A) If a [F1 local authority] amend a statement following service of a proposed amended statement under paragraph 2A, the amended statement made may be in the form proposed or in a form modified in the light of the representations.

(2B) If a [F1 local authority] amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations.]

[F5 (3) Regulations may provide that, where a [F1 local authority] are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty to make the statement, or any step required to be taken for or in connection with the performance of the duty or the maintenance of the statement (including any step in relation to the amendment of the statement) must, subject to prescribed exceptions, be performed within the prescribed period.]

(4) Such provision shall not relieve the authority of the duty to make a statement, or take any step, which has not been performed or taken within that period.

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), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F2 Words in Sch. 27 para. 5(1) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 11 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F3 Words in Sch. 27 para. 5(2) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F4 Sch. 27 para. 5(2A)(2B) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 13 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F5 Sch. 27 para. 5(3) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(3)(a), 188(2) (with s. 174(4))