(1)Neither a local education authority nor any other person shall do or undertake to do anything for which proposals are required to be published and submitted in accordance with any of the provisions of sections 12 to [F114] above until those provisions have been complied with and any necessary approval has been given; but the Secretary of State may in any case allow such steps to be taken pending compliance with those provisions and the giving of any necessary approval as he considers reasonable in the circumstances of the case.
[F2(1A)Subsection (1) above does not apply to the transfer of a school to a new site—
(a)if the transfer is authorised by an order under section 16(1) of the Education Act 1944,
(b)if at the time of transfer the school is intended to return to the existing site within three years, or
(c)if in the case of a county school the new site is in the same area and the local education authority are satisfied that it is expedient that the school should be transferred to the new site either because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they conform to the prescribed standards or in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning.]
(2)References in sections 12, 13 and 14 above to a change in the character of a school include, in particular, changes in character resulting from education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys, or from the making or eration of arrangements for the admission of pupils by reference to ability or aptitude.
(3)References in [F3section 12]above to a relevant age group are references to an age group in which pupils are or will normally be admitted to the school in question.
[F4(3A)For the purposes of section 12, [F5or 13]above proposals under that section shall be taken to have first been published—
(a)on the date on which the requirements of regulations under this Act with respect to the publication of the proposals are satisfied; or
(b)where different requirements such as are mentioned in paragraph (a) above are satisfied on different dates, on the last of those dates;
and references to the first publication of the proposals shall be construed accordingly.
(3B)Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (3A) above be taken to be satisfied on the first date in respect of which it is satisfied.]
(4)Section 13 of the M1 Education Act 1944 (which is superseded by sections 12 to 14 above) shall cease to have effect and the enactments mentioned in Schedule 3 to this Act shall have effect with the amendments there specified, being amendments consequential on the replacement of that section.
(5)Subsection (4) above does not affect the said section 13, or any enactment referring to it, in relation to any proposals which have been approved or of which public notice has been given under that section before the coming into force of sections 12 to 14 above but any proposals required by virtue of that section to be implemented by a local education authority or by any other persons may, at the request of the authority or those persons, be modified by the Secretary of State.
(6)Section 14(1), (2) and (4) above shall apply, and subsection (6) of the said section 13 shall not apply, in relation to proposals for the matters referred to in paragraphs (a), (b) and (c) of section 14(1) above—
(a)which are approved under the said section 13 on or after the date on which this subsection comes into force; or
(b)which have then already been approved under that section but in respect of which specifications and plans have not yet been submitted under subsection (6) of that section;
and, in relation to any such proposals, subsection (7) of the said section 13 shall apply as if references to specifications and plans being approved or not required under that section were references to particulars being approved or not required under section 14 above.
(7)In subsection (6) above references to subsections (6) and (7) of the said section 13 include references to those subsections as applied by subsection (9) of that section.
Textual Amendments
F1Word in s. 16(1) substituted (4.8.1990 in relation to secondary schools and 1.8.1992 in relation to primary schools) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 31(1)(a), 231(7), 235(6); S.I. 1988/1459, art. 5(1) and S.I. 1991/409, art. 6(1)
F2S. 16(1A) inserted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para.78; S.I. 1993/1975, art. 9, Sch. 1
F3Words in s. 16(3) substituted (4.8.1990 in relation to secondary schools and 1.8.1992 in relation to primary schools) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 31(1)(b), 231(7), 235(6); S.I. 1988/1459 art. 5(1) and S.I. 1991/409, art. 6(1)
F4S. 16(3A)(3B) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 81
F5Words in s. 16(3)(3A) substituted (4.8.1990 in relation to secondary schools and 1.8.1992 in relation to primary schools) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 31(1)(c), 231(7), 235(6); S.I. 1988/1459 art. 5(1) and S.I. 1991/409, art 6(1)
Modifications etc. (not altering text)
C1S. 16(1)-(3B) applied with modifications (30.9.1992) by Further and Higher Education Act 1992 (c. 13), s. 59(2)(b); S.I. 1992/831, art. 2, Sch. 2
S. 16 applied (2.10.1995) by S.I. 1995/2368, reg. 2(1)
C2S. 16(1A)(c) modified (2.10.1995) by 1995/2368, reg. 2(2)
C3The text of s. 16(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C4The “said section 13” means Education Act 1944 (c. 31), s. 13
Marginal Citations