Education Act 1993 (repealed)

104 Proposals by governing body for discontinuance. E+W

(1) The governing body of a grant-maintained school may publish proposals under this section for the discontinuance of the school if they—

(a) decide by a resolution passed at a meeting of that body to publish such proposals, and

(b) confirm that decision by a resolution passed at a subsequent meeting of the governing body held not less than twenty-eight days after that at which the first resolution was passed.

(2) Before passing such a resolution as is mentioned in subsection (1)(a) above, the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the governing body shall have regard to any guidance given to them from time to time by the Secretary of State.

(3) The governing body shall, as soon as practicable after the passing of the second resolution, give notice in writing of the second resolution to the local education authority.

(4) The governing body may, within the period of six months beginning with the date of the second resolution, publish proposals for the discontinuance of the school in such manner as may be prescribed and, where they do so, shall submit to the Secretary of State a copy of the published proposals.

(5) The published proposals shall specify the proposed date of discontinuance of the school.

(6) The published proposals shall be accompanied by a statement—

(a) indicating whether or not there are any proposals for the premises of the school to be used by any new or existing school, and

(b) explaining the effect of subsection (7) below.

(7) Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the Secretary of State by any of the following—

(a) if the proposals affect the provision of education to which section 2(1) of the M1 Further and Higher Education Act 1992 applies, the appropriate further education funding council,

(b) any ten or more local government electors,

(c) the governing body of any school affected by the proposals, and

(d) any local education authority concerned.

Modifications etc. (not altering text)

C1 S. 104 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 30

C2 S. 104(2) excluded by S.I. 1994/507, art. 3, Sch. 3, Pt. I para. 3

Marginal Citations

M1 1992 c. 13.