Education Act 1996

43 Approval or rejection by Secretary of State of proposals under section 41

(1) Proposals published under section 41 require the approval of the Secretary of State.

(2) The Secretary of State may (subject to subsections (3) to (6))—

(a) reject such proposals,

(b) approve them without modification, or

(c) after consultation with the persons making the proposals and the local education authority by whom the school is, or is to be, maintained, approve them with such modifications as he thinks desirable.

(3) This subsection applies if either—

(a) the proposals are first published after proposals for acquisition of grant-maintained status for the school have been published under section 193 but before those proposals are determined or withdrawn, or

(b) after the proposals have first been published but before they are determined or withdrawn, proposals for acquisition of grant-maintained status for the school are published under section 193;

and references in this subsection to proposals being first published shall be construed in accordance with section 42(5) and (6).

(4) In a case where subsection (3) applies, the Secretary of State—

(a) shall consider both sets of proposals together, but

(b) shall not determine the proposals published under section 41 until he has made his determination with respect to the proposals published under section 193.

(5) If the Secretary of State approves the proposals published under section 193, he—

(a) shall approve the proposals published under section 41 if they were made for the purpose of ensuring consistency in the provision of education made in the area of the local education authority, but

(b) shall otherwise reject the proposals published under that section.

(6) Any proposals under section 41 which are approved under subsection (5) shall be treated for the purposes of Part III as if they had been—

(a) published under section 259 (change of character etc. of grant-maintained school), and

(b) approved under section 261,

and section 262 (approval of school premises) shall apply accordingly.

(7) Where the proposals published under section 41 are to transfer the school to a site in a different area, subsection (2)(c) above requires consultation with the local education authority by whom the school is maintained as well as with the authority by whom it is to be maintained.