Education Act 1996

501 Directions to bring forward proposals for additional provision in maintained schools. E+W

(1) The powers conferred by subsection (2) are exercisable where—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Secretary of State is of the opinion that the schools providing relevant education which are available for the area are not sufficient for the purposes of section 14 and that additional provision for relevant education should be made in maintained schools in the area.

(2) The Secretary of State may—

(a) by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

(b) in the case of any voluntary school in the area, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school,

with a view (in each case) to securing that provision is made for such additional number of pupils in the area as may be specified in the order.

(3) An order under subsection (2) shall—

(a) require the proposals to be published, or (as the case may be) notice of the proposals to be served, not later than such date as may be specified in the order, and

(b) require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

(4) An order under subsection (2)(a) may not require the proposals to relate to any named school.

(5) Paragraph 7 of Schedule 4 does not apply in relation to the implementation of any proposals under section 35 where the Secretary of State has made an order under subsection (2) above.

Textual Amendments

F1 S. 501(1)(a) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 132, Sch. 31 (with ss. 138(9), 144(6); S.I. 1999/1016, art. 2(1), Sch. 1