Education (No. 2) Act 1986

10 Requirements as to consent to grouping. E+W

(1) Before resolving to group any schools under section 9 of this Act, a local education authority shall obtain the consent of the Secretary of State to the proposed grouping unless—

(a) the group will consist only of two primary schools both of which serve substantially the same area;

(b) neither of the schools is a special school; and

(c) where they are in Wales, there is no significant difference between them in their use of the Welsh language.

(2) The Secretary of State’s consent may be given subject to such conditions as he sees fit to impose with respect to the duration of the grouping to which his consent is given.

(3) Where two primary schools have been grouped under section 9 in circumstances in which the Secretary of State’s consent was not required under subsection (1) above, his consent to their continuing to be so grouped shall be required if a change of circumstances occurs such that a proposal to group those schools under section 9 made after that change would require his consent under that subsection.

(4) Where the Secretary of State’s consent is required to the grouping or continued grouping of any schools under section 9, sections 3 to 7 of this Act shall apply in relation to the group subject to such modifications (if any) as he may direct.

(5) No local education authority may pass a resolution under section 9 applying to any voluntary school without first obtaining the consent of its governing body.

(6) No local education authority may pass a resolution under section 9 applying to any county or maintained special school without first consulting its governing body.

(7) Any dispute as to whether, for the purposes of this section—

(a) two primary schools are to be regarded as serving substantially the same area; or

(b) there is any significant difference between two primary schools in their use of the Welsh language;

shall be determined by the Secretary of State.