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(1)The Secretary of State may, if he considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school, give a direction to the local education authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.
(2)A direction under subsection (1) may require the local education authority to notify any persons or class of persons specified in the direction.
(3)Before giving a direction under subsection (1), the Secretary of State shall consult—
(a)the local education authority;
(b)any other local education authority who would in his opinion be affected by the discontinuance of the school;
(c)in the case of a foundation special school which has a foundation, the person who appoints the foundation governors; and
(d)such other persons as the Secretary of State considers appropriate.
(4)On giving a direction under subsection (1) the Secretary of State shall give notice in writing of the direction to the governing body of the school and its head teacher.
(5)Where a local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in section 31 or 33 applies to any such discontinuance of the school under this section.
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