Education Act 1996

428 Alteration of minimum number by funding authority

(1) If an order under section 27(1) (allocation of responsibility for providing sufficient school places) applies to the area of a local education authority, the funding authority may give a direction under subsection (2) to the governing body of a grant-maintained school in the area.

(2) A direction under this subsection—

(a) may increase the approved admission number for any relevant age group to such number as may be specified in the direction for any school year specified in the direction beginning after the date of the direction, and

(b) if any alteration would be required to the premises of the school in consequence of any increase in any approved admission number made by the direction, shall give particulars of the alteration.

(3) No direction may be given under subsection (2) which would have the effect of requiring such an increase in the number of pupils to be admitted to the school as would—

(a) constitute a significant change in the character of the school, or

(b) involve a significant enlargement of the premises of the school.

Section 311(4) shall apply for the purposes of this subsection.

(4) Before deciding to give a direction under subsection (2) the funding authority shall consult the governing body about the proposed content of the direction.

(5) Before giving a direction under subsection (2) the funding authority shall serve a draft of the proposed direction on the governing body.

(6) A governing body on which a draft is served under subsection (5) may, within the period of 15 days beginning with the day on which it was served, refer the matter to the Secretary of State and, if they do so, shall inform the funding authority.

(7) On a reference under subsection (6) the Secretary of State may—

(a) require the funding authority not to give any direction in the terms of the draft, or

(b) authorise the funding authority to give a direction in those terms, or in those terms as required to be modified by the Secretary of State;

and any direction given by the funding authority shall be in the terms authorised under paragraph (b).

(8) Where the funding authority give a direction under this section, then—

(a) if any particulars are specified in pursuance of subsection (2)(b), the governing body shall secure the alteration of the school premises in accordance with the particulars, and

(b) the funding authority shall make to them a grant of an amount equal to the reasonable expenses incurred or to be incurred in doing so.