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School Standards and Framework Act 1998
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School Standards and Framework Act 1998, Section 33 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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33 Further provisions relating to establishment, alteration or discontinuance of schools.E+W
(1)Except in pursuance of proposals falling to be implemented under [F1any enactment] —
(a)no maintained school shall be established or discontinued;
(b)no prescribed alteration shall be made to any such school; and
(c)no maintained nursery school shall be [F2established or] discontinued.
(2)No alteration falling within section 28(11)(a)(i) or (ii) shall be made to any maintained school.
(3)Subsection (1) has effect subject to sections 19(4), 30(9) and 32(5).
(4)Regulations may, in relation to proposals published under section 28, 29 or 31, require any of the following, namely—
(a)the body or promoters who published the proposals,
(b)the school organisation committee, and
(c)the adjudicator,
to provide such information relating to the proposals to such persons, and at such times, as may be prescribed.
[F3(5)For the purposes of this Part proposals for the establishment of a maintained school shall be taken to be implemented on the school opening date.
(6)In this Part “school opening date”, in relation to a new maintained school, means the date when the school first admits pupils.]
Textual Amendments
F1Words in s. 33(1) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 98(2)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F2Words in s. 33(1)(c) inserted (1.6.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 98(2)(b) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1
F3S. 33(5)(6) inserted (1.4.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 98(3) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.
Commencement Information
I1S. 33 wholly in force at 1.9.1999; s. 33 not in force at Royal Assent see s. 145(3); s. 33(4) in force at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; s. 33 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
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