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Education Act 1996

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42Objections to proposals under section 41

(1)Objections to any proposals published under section 41 may be submitted to the Secretary of State by any of the following—

(a)any ten or more local government electors for the area of the local education authority referred to in subsection (1) or (as the case may be) subsection (2) of that section,

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

(c)the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the [1992 c. 13.] Further and Higher Education Act 1992 applies), and

(d)any local education authority concerned.

(2)Objections may be so submitted within the period of two months after the first publication of the proposals.

(3)Where the proposals are to transfer a school to a site in a different area, objections under subsection (1) to the proposals may also be so submitted by any ten or more local government electors for that area.

(4)Where—

(a)an order under section 27 applies to the area of a local education authority, and

(b)any persons publish proposals under section 41 which affect the provision of relevant education in the area,

the funding authority shall be included among the persons who may submit objections under subsection (1) above to the proposals.

(5)For the purposes of this section proposals under section 41 shall be taken to have been first published—

(a)on the day on which the requirements of regulations with respect to the publication of the proposals are satisfied; or

(b)where different such requirements are satisfied on different days, on the last of those days.

(6)Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (5) be taken to be satisfied on the first day in respect of which it is satisfied.

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