The Education (Short Stay Schools) (Closure) (England) Regulations 2010

Power to give alternative arrangements direction

3.—(1) This regulation applies where—

(a) the Secretary of State has given a closure direction to a local authority in relation to a short stay school, and

(b) one or more of the conditions in paragraph (2) is met.

(2) The conditions are—

(a) that the authority has failed to send a copy of the statement prepared under regulation 2(2) to the Secretary of State in accordance with regulation 2(4);

(b) that the authority has sent a copy of the statement prepared under regulation 2(2) to the Secretary of State in accordance with regulation 2(4) but the Secretary of State is not satisfied that the arrangements proposed by the authority are adequate;

(c) that the Secretary of State is of the opinion that the urgency of the case requires a direction under paragraph (3) to be given without delay.

(3) The Secretary of State may give a direction to the authority as to the arrangements (“the alternative arrangements”) to be made by it under section 19 of the Education Act 1996 to replace the education provision which will be lost as a result of the closure direction.

(4) A direction under paragraph (3) (an “alternative arrangements direction”) may (in particular)—

(a) specify the number of children and young persons for whom education is to be provided under the alternative arrangements, and their ages;

(b) specify the nature of the education to be provided (including any specific needs which the education is to be capable of meeting);

(c) specify the means by which the education is to be provided;

(d) require the authority to invite bids from education providers for the provision of education under the alternative arrangements;

(e) include requirements about the management and review of the alternative arrangements.

(5) An alternative arrangements direction may not specify the particular provider by whom education is to be provided.

(6) If an alternative arrangements direction includes a requirement to invite bids as provided for in paragraph (4)(d), the requirement may in particular—

(a) relate to all or part of the education to be provided under the alternative arrangements;

(b) specify the manner in which the invitation to bid must be made;

(c) specify the date by which the invitation must be issued; and

(d) specify the period during which the authority must allow for bids to be made.

(7) The Secretary of State must send a copy of any alternative arrangements direction to the Chief Inspector.