School Standards and Framework Act 1998

Procedure for application to vary standard number E+W

9 E+W

9 [F1 (1) Where the local education authority or the governing body intend to apply for a variation under paragraph 8(2) of any standard number applying to a school under paragraph 1, 2 or 8 for any age group in any year— E+W

(a) they shall publish their proposals relating to the variation in such manner, and containing such information, as may be prescribed, and

(b) they shall send—

(i) their application,

(ii) a copy of the published proposals, and

(iii) such information in connection with those proposals as may be prescribed,

to the Secretary of State.

(2) Before making such an application, the local education authority or the governing body shall consult the governing body or the local education authority, as the case may be.

(3) In making such an application, the local education authority or the governing body shall have regard to any guidance given from time to time by the Secretary of State (including any such guidance as to the manner in which a school’s capacity to accommodate pupils should be calculated).

(4) Sub-paragraph (2) shall not apply in relation to any application made by the local education authority or the governing body in accordance with section 93(7).

(5) Any person may make objections to any proposals published under sub-paragraph (1).

(6) Objections under sub-paragraph (5) shall be sent to the Secretary of State within such period as may be prescribed.

(7) Where any proposals published under this paragraph relate to a school which is situated in an area other than that of the local education authority who maintain the school, the provisions of this paragraph and paragraph 10 shall have effect in relation to the proposals with such modifications as may be prescribed.]

Textual Amendments

F1 Sch. 23 repealed (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)

Commencement Information

I1 Sch. 23 para. 9 wholly in force at 1.9.1999; Sch. 23 para. 9 not in force at Royal Assent see s. 145(3); Sch. 23 para. 9(1), (6) and (7) in force for certain purposes at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; Sch. 23 para. 9 in force at 1.9.1999 in so far as not already in force by S.I. 1999/1016, art. 2(3), Sch. 3 (with arts. 3-6, Sch. 4).