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

Short stay schools: closure subject to consent of Secretary of State

7.—(1) In either of the circumstances specified in paragraph (2) in relation to a short stay school, a local authority must obtain the consent of the Secretary of State before discontinuing the school.

(2) The circumstances are—

(a) that the circumstances set out in paragraphs (a) and (b) of section 62 of the Education and Inspections Act 2006 apply in relation to the school (special measures required), or

(b) that the Chief Inspector has notified the school that an inspection of the school is to take place under section 5 or 8 of the Education Act 2005(1).

(3) In the circumstances specified in paragraph (2)(b), the requirement in paragraph (1) to obtain consent ceases to apply when—

(a) a report of the inspection is published under section 11 of the Education Act 2005, or

(b) the Chief Inspector gives notice to the authority that no report of the inspection is to be made.

(1)

2005 c. 18. Section 5 was amended by sections 71, 154(a) and (b) and 184 of and paragraph 23 of Schedule 7 and Part 5 of Schedule 18 to the Education and Inspections Act 2006; section 169(1) of and paragraphs 25 and 26 of Schedule 1 to, the Education and Skills Act 2008. Section 5 is applied to short stay schools by paragraph 21 of Schedule 1 to S.I. 2007/2979. Section 8 was substituted by section 157 of and paragraphs 98 and 100 of Schedule 14 to the Education and Inspections Act 2006.