Education Act 1996

268 Proposals by funding authority for discontinuance

(1) This section has effect in respect of the area of a local education authority if an order under section 27(1) applies to the area.

(2) The funding authority may publish, in such manner as may be prescribed, proposals for the discontinuance of any grant-maintained school and, where they do so, shall submit to the Secretary of State a copy of the published proposals.

(3) The published proposals shall specify the proposed date of discontinuance of the 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) the funding authority shall have regard to any guidance given to them from time to time by the Secretary of State.

(5) 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 (6).

(6) 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) any ten or more local government electors,

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

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

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

(e) any local education authority concerned.

(7) 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of that period, the funding authority shall send to the Secretary of State copies of all such objections made (and not withdrawn in writing) together with their observations on them.