School Standards and Framework Act 1998

121 Approval, modification and review of statement of proposals. E+W

(1) Where an early years development [F1 and childcare] plan has been prepared in accordance with section 120, the authority shall, by such date as may be determined by or in accordance with regulations, submit the plan to the Secretary of State for him to approve F2 . . . under this section.

(2) The Secretary of State may in the case of any [F3 plan] submitted to him under this section—

(a) approve the [F3 plan] in any of the following ways, namely wholly or in part, for a limited period of time, or subject to conditions;

(b) require the authority to make such modifications to the [F3 plan] as he may specify; or

(c) reject the [F3 plan] .

(3) If the Secretary of State approves the [F4 plan]—

(a) he shall notify the authority of his decision; and

(b) the authority shall implement the [F4 plan] , so far as approved by the Secretary of State, as from such date as he may determine.

(4) If the Secretary of State requires the authority to make modifications or rejects the [F5 plan]—

(a) he shall notify the authority of his decision and of his reasons for it; and

(b) the authority shall prepare a revised [F5 plan] and submit it to the Secretary of State for his approval under this section by such date as he may determine.

(5) Once the Secretary of State has approved an authority’s [F6 plan] under subsection (2), he shall keep under review the authority’s [F6 plan] , as approved by him, and [F7 its] implementation by the authority, and—

(a) where he is of the opinion that the [F8 plan] should be modified (or further modified), he may withdraw his approval and require the authority to make such modifications to the [F8 plan] as he may specify; and

(b) where he is of the opinion that the authority’s [F9 plan] is not being properly implemented by them, he may withdraw his approval for such period as he thinks fit.

(6) If under subsection (5) the Secretary of State withdraws his approval of a [F10 plan]—

(a) he shall notify the authority of his decision and of his reasons for it; and

(b) in a case falling within paragraph (a) of that subsection, the authority shall prepare a revised [F11 plan] and submit it to him for his approval under this section by such date as he may determine.

(7) Section 120 shall apply to the preparation of a revised [F12 plan] under subsection (4)(b) or (6)(b), with such modifications (if any) as the Secretary of State may determine.

(8) At any time after the Secretary of State has approved an authority’s [F13 plan] under subsection (2)—

(a) the authority may, with the agreement of the early years development [F14 and childcare] partnership, submit modifications to the [F15 plan] to the Secretary of State for his approval, and

(b) the Secretary of State may approve the modifications, whether in whole or in part, for a limited period of time, or subject to conditions, and

(c) if and to the extent that he approves those modifications, he shall notify the authority of his decision and—

(i) the [F16 plan] shall have effect with the modifications, and

(ii) the authority shall implement their [F16 plan] as modified,

as from such date as he may determine.

(9) Once the Secretary of State has approved—

(a) an authority’s [F17 plan] under subsection (2), or

(b) the modification of an authority’s [F17 plan] under subsection (8),

the authority shall publish their F18 . . . plan (or their plan as so modified) in such manner and by such date as may be prescribed, and shall provide such persons as may be prescribed with copies of that plan or of a summary of that plan.

Textual Amendments

F1 Words in s. 121 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch); S.I. 2002/3185, art. 5, Sch. Pt. II

F2 Words in s. 121(1) repealed (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(a), 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F3 Words in s. 121(2) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(b), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F4 Words in s. 121(3) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(c), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F5 Words in s. 121(4) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(d), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F6 Words in s. 121(5) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(e)(i), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F7 Words in s. 121(5) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(e)(ii), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F8 Words in s. 121(5) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(e)(iii), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F9 Words in s. 121(5) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(e)(iii), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F10 Words in s. 121(6) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(f)(i), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F11 Words in s. 121(6)(b) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(f)(ii), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F12 Words in s. 121(7) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(g), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F13 Words in s. 121(8) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(h)(i), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F14 Words in s. 121 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch); S.I. 2002/3185, art. 5, Sch. Pt. II

F15 Words in s. 121(8)(a) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), (ss. {150(4)(h)(ii)}, 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F16 Words in s. 121(8)(c) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(h)(iii), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F17 Words in s. 121(9) substituted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(i), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II

F18 Words in s. 121(9) repealed (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(4)(a), 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II