Education Act 1996

45 Implementation of proposals under section 41, etc

(1) Subject to subsections (2) and (4), where any proposals are approved under section 43, they shall be implemented—

(a) in the case of proposals published under section 41(1), by the persons making them or the persons whom they represent (as the case may require) and by the local education authority referred to in that subsection, or

(b) in the case of proposals published under section 41(2), by the school’s governing body.

(2) Subject to subsection (4), it shall be the duty of the local education authority—

(a) in the case of any proposals so approved for the transfer of a controlled school to a new site, to implement the proposals (and any associated proposals for a change in the character of the school) so far as they involve the provision of premises or the removal or provision of equipment; and

(b) in any other case, to implement so much of any proposals so approved as relates to the provision of—

(i) playing fields, or

(ii) buildings which are to form part of the school premises but are not to be school buildings.

(3) Where any particulars have been submitted under section 44 in connection with the proposals, the proposals shall be implemented in accordance with the particulars as approved by the Secretary of State.

(4) The Secretary of State may modify any proposals required to be implemented by virtue of this section, but shall do so—

(a) in the case of proposals published under section 41(1), only at the request of the local education authority referred to in that subsection, and

(b) in the case of proposals published under section 41(2), only at the request of the governing body of the school.

(5) Subject to subsection (6), no person shall do or undertake to do anything for which proposals are required to be published and submitted under section 41 until the requirements of that section and section 44 have been complied with and any approval necessary under section 43 or 44 has been given.

(6) The Secretary of State may in any case allow such steps to be taken pending compliance with any such requirements and the giving of any such approval as he considers reasonable in the circumstances.

(7) Where proposals for the transfer of a school to a site in a different area are approved under section 43, then—

(a) in the case of any voluntary school—

(i) the reference in subsection (2) above to the local education authority is to be read as referring to the authority for the new area, and

(ii) upon the transfer the duty to maintain the school shall transfer to that authority; and

(b) in the case of any controlled school, section 60 (together with section 62) shall apply as if the duty to maintain the school had been transferred to the local education authority for the new area.