School Standards and Framework Act 1998

Part II E+W Directions to bring forward proposals

Directions to bring forward proposals to remedy excessive provision E+W

2 (1) This paragraph applies where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools— E+W

(a) in the area of any local education authority, or

(b) in any part of such an area,

is excessive.

(2) For the purpose of remedying the excess, 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 foundation, voluntary or foundation special school maintained by the authority, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school.

(3) An order under sub-paragraph (2) shall—

(a) require the proposals to be published 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 sub-paragraph (2)(a) may not require the proposals to relate to any named school.

(5) Where any proposals are published in pursuance of an order under sub-paragraph (2) which relates to an area in England, the body concerned shall (in addition to complying with section 28(6), 29(5) or 31(5), as the case may be) send—

(a) a copy of the published proposals, and

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

to the Secretary of State.

Directions to bring forward proposals to remedy insufficient provision E+W

3 (1) This paragraph applies where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools— E+W

(a) in the area of any local education authority, or

(b) in any part of such an area,

is, or is likely to become, insufficient.

(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 foundation, voluntary or foundation special school maintained by the authority, 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, or in any such part of the area, as may be specified in the order.

(3) An order under sub-paragraph (2) shall—

(a) require the proposals to be published 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 sub-paragraph (2)(a) may not require the proposals to relate to any named school.

(5) Where any proposals are published in pursuance of an order under sub-paragraph (2) which relates to an area in England, the body concerned shall (in addition to complying with section 28(6), 29(5) or 31(5), as the case may be) send—

(a) a copy of the published proposals, and

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

to the Secretary of State.

Supplementary provisions E+W

4 (1) Where the Secretary of State makes an order under paragraph 2(2) or 3(2) in relation to the area of any local education authority in England, he shall send a copy of the order— E+W

(a) to the school organisation committee for the area, and

(b) to any adjudicator who appears to him to be likely to be considering proposals in relation to that area.

(2) Where the school organisation committee or any adjudicator receive a copy of the order under sub-paragraph (1), the committee or adjudicator shall send to the Secretary of State—

(a) a copy of all proposals relating to the area which have been received by them or him but have not been determined by the relevant time, and

(b) a copy of all proposals relating to the area, other than any made under paragraph 5, which they receive after the relevant time.

(3) Where sub-paragraph (2) applies, then unless the Secretary of State gives his consent—

(a) neither the school organisation committee nor the adjudicator shall make any determination, and

(b) the school organisation committee shall not make any reference to the adjudicator under paragraph 3 of Schedule 6 or paragraph 8 below,

in relation to any proposals within sub-paragraph (2) during the period beginning with the relevant time and ending with the time when the Secretary of State notifies the committee or the adjudicator, as the case may be, that they or he may make any such determination or reference in relation to those proposals without the Secretary of State’s consent.

(4) The duty of the school organisation committee or any adjudicator to send copies of proposals to the Secretary of State under sub-paragraph (2) shall terminate at the end of the period mentioned in sub-paragraph (3).

(5) In sub-paragraphs (2) and (3)—

(a) references to the relevant time, in relation to the school organisation committee or to any adjudicator, are to the time when they or he receive the copy of the order under sub-paragraph (1);

(b) references to proposals are to proposals made under section 28, 29 or 31 [F1 of this Act, paragraph 5 of this Schedule or Schedule 7 to the Learning and Skills Act 2000]; and

(c) references to the determination of any proposals are to—

(i) any determination whether or not to approve the proposals under paragraph 3 of Schedule 6 or paragraph 8 or 9 below, [F2 or]

(ii) any determination whether or not to implement the proposals under paragraph 4 of Schedule 6 [F3 or

(iii) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.]

(6) Where a local education authority publish any proposals in pursuance of an order under paragraph 2(2) or 3(2) which relates to an area in England, those proposals shall require approval under paragraph 3 of Schedule 6, despite anything in paragraph 3(1)(a) or 4 of that Schedule.

(7) Proposals made in pursuance of an order under paragraph 2(2) or 3(2) (whether relating to an area in England or in Wales) may not be withdrawn without the consent of the Secretary of State and such consent may be given on such conditions (if any) as the Secretary of State considers appropriate.

(8) Where the governing body of a foundation, voluntary or foundation special school make any proposals in pursuance of any such order under paragraph 2(2) or 3(2), the local education authority shall reimburse any expenditure reasonably incurred by the governing body in making the proposals.

(9) Where—

(a) proposals made by the governing body of a foundation, voluntary or foundation special school in pursuance of any such order under paragraph 2(2) or 3(2) are approved or, as the case may be, determined to be implemented, or

(b) proposals approved or adopted under paragraph 8, 9 or 14 have effect as mentioned in paragraph 10(b) or 15(b), as the case may be,

then, despite anything in Part III of Schedule 6, the local education authority shall defray the cost of implementing the proposals.

Textual Amendments

F1 Words in Sch. 7 Pt. II para. 4(5)(b) substituted (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwiseprosp.) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 90(1)(2)(a); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F2 Word after Sch. 7 Pt. II para. 4(5)(c)(i) repealed (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwiseprosp.) by 2000 c. 21, ss. 153, 154(3)-(5), Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F3 Sch. 7 Pt. II para. 4(5)(c)(iii) and the word preceding it inserted (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwiseprosp.) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 90(1)(2)(b); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

Modifications etc. (not altering text)

C1 Sch. 7 para. 4 applied (1.6.2003) by Education Act 2002 (c. 32), ss. 71(6), 216(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 2