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Education Act 2002, Paragraph 5 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5(1)If the school is discontinued, the governing body are dissolved by virtue of this paragraph—
(a)on the discontinuance date, or
(b)on such later date as the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.
[F1(1A)Sub-paragraph (1) does not apply if—
(a)the school is a federated school in Wales, and
(b)immediately after the discontinuance date, there will be more than one other school remaining in the federation.
(1B)“Federation” in sub-paragraph (1A) means a group of schools that are federated by virtue of Chapter 1 of Part 2 of the Education (Wales) Measure 2011 or were federated by virtue of section 24 before the coming into force of that Chapter, and “federated school” means a school forming part of a federation.]
[F2(1A)Sub-paragraph (1) does not apply if—
(a)the school is a federated school in England, and
(b)immediately after the discontinuance date, there will be more than one other school remaining in the federation.
(1B)“Federation” and “federated school” have the meanings given by section 24(2).]
(2)In this paragraph “the discontinuance date” means—
(a)in relation to a school in England, whichever of the following is relevant—
(i)the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 F3...,
(ii)the date on which the school is discontinued under section 30 of the 1998 Act, F4...
(iii)the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006[F5, or
(iv)the date on which a local authority are required to cease to maintain the school under section 6(2) of the Academies Act 2010;]
(b)in relation to a school in Wales, whichever of the following is relevant—
[F6(i)the date on which proposals for discontinuing the school are implemented under Part 3 of the School Standards and Organisation (Wales) Act 2013,
(ii)the date on which the school is discontinued under section 80 of the School Standards and Organisation (Wales) Act 2013, or
(iii)the date specified in a direction given under section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013]
Textual Amendments
F1Sch. 1 para. 5(1A)(1B) inserted (W.) (28.4.2014) by Education (Wales) Measure 2011 (nawm 7), ss. 19(7), 33(2); S.I. 2014/1066, art. 2
F2Sch. 1 para. 5(1A)(1B) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 39, 82(3); S.I. 2012/1087, art. 3
F3Words in Sch. 1 para. 5(2)(a)(i) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 49, Sch. 2 Pt. 1 (with art. 2(3))
F4Word in Sch. 1 para. 5(2)(a) omitted (29.7.2010) by virtue of Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 15; S.I. 2010/1937, art. 2, Sch. 1
F5Sch. 1 para. 5(2)(a)(iv) and word inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 15; S.I. 2010/1937, art. 2, Sch. 1
F6Sch. 1 para. 5(2)(a)(i)-(iii) substituted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 21(11); S.I. 2013/1800, art. 3(j)
Modifications etc. (not altering text)
C1Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 31
C2Sch. 1 applied (with modifications) (31.10.2005) by The New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912), regs. 1(1), 30(1) (with reg. 30(2))
Commencement Information
I1Sch. 1 para. 5 partly in force; Sch. 1 para. 5 not in force at Royal Assent, see s. 216; Sch. 1 para. 5 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)
I2Sch. 1 para. 5 in force at 31.10.2005 for W. by S.I. 2005/2910, art. 4, Sch.
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