(1)A local education authority may by virtue of subsection (5)(b)(ii) of section 7 publish proposals under that section for the establishment of a community or community special school—
(a)only if at a prescribed time prescribed conditions are met in relation to the authority, and
(b)except where further prescribed conditions are also met in relation to the authority at that time, only with the consent of the Secretary of State.
(2)The conditions prescribed for the purposes of subsection (1)(a) or (b) must include conditions relating to the standards achieved by the authority in performing the functions to which Chapter 4 of Part 8 (inspection and review of local authorities in England) applies.
(3)The other conditions that may be prescribed for those purposes are conditions relating to either or both of the following—
(a)the standards of performance achieved by any relevant school, and
(b)the extent of diversity among relevant schools.
(4)The matters to which the Secretary of State is to have regard in determining whether to give consent under subsection (1)(b) include prescribed matters.
(5)The power by virtue of subsection (2) or (3)(a) to prescribe standards includes power to prescribe them by reference to the opinion of the Chief Inspector or by reference to any rating awarded by the Chief Inspector following an inspection or review under any enactment.
(6)In this section—
“Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“maintained school” does not include a maintained nursery school;
“relevant school”, in relation to a local education authority, means a maintained school maintained by the authority or an Academy, city technology college or city college for the technology of the arts in the area of the authority.
Commencement Information
I1S. 8 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)