Education Act 2005

66 Proposals for new secondary schools in England E+W

(1) A local education authority in England may publish a notice under this section inviting proposals for the establishment of any school falling within subsection (2) as a secondary school.

(2) The following schools fall within this subsection—

(a) a foundation school;

(b) a voluntary school;

(c) an Academy.

(3) A notice under this section must—

(a) identify a possible site for the school,

(b) specify a date, being a date after the prescribed interval, by which proposals must be submitted,

(c) specify such other matters as may be prescribed, and

(d) be published in the prescribed manner.

(4) Before publishing a notice under this section, the local education authority must consult any prescribed persons, and such other persons as appear to the authority to be appropriate, about such of the relevant matters as may be prescribed or (if none are prescribed) about such of the relevant matters as appear to the authority to be appropriate.

(5) In subsection (4) “the relevant matters” means the matters to be specified under subsection (3)(a) and (c) in the notice.

(6) Regulations may prescribe requirements to be met by the local education authority in relation to consultation under subsection (4).

(7) Proposals made pursuant to a notice under this section must—

(a) contain the prescribed information, and

(b) be submitted to the local education authority before the date specified in the notice.

(8) After the date specified in a notice published by a local education authority under this section the authority—

(a) must publish under this section any proposals submitted pursuant to the notice in accordance with subsection (7), and

(b) may publish under this section proposals of their own for the establishment of a community or foundation school as a secondary school.

(9) Regulations may prescribe—

(a) the time within which proposals under this section must be published,

(b) the manner in which they must be published, and

(c) the information which proposals within subsection (8)(b) must contain.

(10) Regulations may require the local education authority to take prescribed steps for the purpose of promoting public awareness of any proposals published by them under this section.

(11) For the purposes of this section “secondary school” includes a middle school as respects which the relevant upper age is at least 16 years, but does not include a school which provides education suitable only to the requirements of persons above compulsory school age.

(12) Schedule 10 contains provisions in relation to the consideration, approval and implementation of proposals under this section.

(13) Where any proposals published under this section relate to a school which is proposed to be situated in an area other than that of the local education authority who published the notice under this section, the provisions of Schedule 10 shall have effect in relation to the proposals with such modifications as may be prescribed.

(14) Section 70 of, and Schedule 8 to, the Education Act 2002 (c. 32) (proposals for additional secondary schools) shall cease to have effect.

Commencement Information

I1 S.66 wholly in force at 1.9.2006; s. 66 not in force at Royal Assent see s. 125; s. 66(6)(10)(13) in force at 1.8.2006 and s. 66 in force at 1.9.2006 insofar as not already in force by S.I. 2006/2129, arts. 3, 4