8(1)Proposals published under section 28, 29 or 31 require approval under this paragraph if—E+W
(a)the Secretary of State, within two months after a copy of the published proposals is sent to him under that section, gives notice to the body or promoters by whom the proposals were published that they require such approval; or
(b)objections to the proposals have been made in accordance with paragraph 7 and any of them have not been withdrawn in writing within the objection period.
(2)Where any proposals require approval under this paragraph, the Secretary of State may—
(a)reject the proposals,
(b)approve them without modification, or
(c)approve them with such modifications as he thinks desirable after consulting such persons or bodies as may be prescribed.
(3)Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified.
(4)[F1When deciding whether or not to give any approval under this paragraph the Secretary of State shall have regard to the school organisation plan for the area in which the school is, or (in the case of a new school) is proposed to be, situated.]
(5)Sub-paragraph (1) does not prevent the body or promoters by whom any proposals have been published under section 28, 29 or 31 from withdrawing those proposals by notice in writing given to the Secretary of State at any time before the proposals are approved under this paragraph.
Textual Amendments
F1Sch. 6 para. 8(4) repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 2(3)(b)
Modifications etc. (not altering text)
C1Sch. 6 para. 8(1)(3)(5) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 3
C2Sch. 6 para. 8(2) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 1
C3Sch. 6 para. 8(4) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 2