Education Act 1993 (repealed)

97 Proposals for change of character etc. by funding authority. E+W

(1) This section has effect in respect of the area of a local education authority if an order under section 12(1) of this Act applies to the area.

(2) Where the funding authority are of the opinion that—

(a) a significant change should be made in the character of a grant-maintained school,

(b) a significant enlargement of the premises of such a school should be made, or

(c) such a school should be transferred to a new site in the area or in another area to which an order under that section applies,

they may publish proposals for that purpose in such manner as may be prescribed and submit a copy of the published proposals to the Secretary of State.

(3) No proposals shall be published under this section for the purpose of making a significant change in the religious character of a school.

(4) Before publishing any proposals under this section the funding authority shall consult—

(a) such persons as appear to them to be appropriate, and

(b) in the case of a Church of England, Church in Wales or Roman Catholic Church school having any foundation governor who is appointed by the appropriate diocesan authority, that authority;

and in discharging their duty under paragraph (a) above, the funding authority shall have regard to any guidance given to them from time to time by the Secretary of State.

(5) Proposals published under this section shall include particulars—

(a) of the proposed time or times of implementation of the proposals, and

(b) of the number of pupils proposed to be admitted to the school in each relevant age group in the first school year in relation to which the proposals have been wholly implemented,

and, if pupils are proposed to be admitted for nursery education, shall give the prescribed information.

(6) Proposals published under this section shall be accompanied by a statement which—

(a) describes any effect the implementation of the proposals would have on provision at the school for pupils who have special educational needs, and

(b) explains 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 funding authority 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 for the area,

(c) the governing body of the school to which the proposals relate,

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

(e) any local education authority concerned.

(8) Where the proposals are to transfer a school to a site in a different area, objections under subsection (7) above to the proposals may also be made by any ten or more local government electors for that area.

(9) Not later than one month after the end of that period, the funding authority shall send to the Secretary of State copies of all such objections made (and not withdrawn in writing) together with their observations on them.

Marginal Citations

M1 1992 c. 13.