School Standards and Framework Act 1998

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.