Learning and Skills Act 2000

F1 Part III E+W Implementation of proposals

Textual Amendments

F1 Sch. 7 heading substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

England E+W

32 (1) Paragraphs 33 to 38 apply to schools [F2 maintained by a local education authority] in England in respect of which proposals are published under this Schedule. E+W

(2) In those paragraphs—

• “adjudicator” means a person appointed under section 25 of the M1 School Standards and Framework Act 1998 (and that section and Schedule 5 to that Act shall have effect in relation to references to “the adjudicator”),

• “the Council” means the Learning and Skills Council for England,

• [F3 “the local education authority” means the local education authority who maintain the school to which the proposals relate;]

• “prescribed” means prescribed by or determined in accordance with regulations,

• “regulations” means regulations made by the Secretary of State, and

• F4 ...

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in Sch. 7 para. 32(1) inserted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 126(3) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F3 Definition of "the local education authority" in Sch. 7 para. 32(2) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 40(2)(a); S.I. 2007/935, art. 7(o)

F4 Definition of "the school organisation committee” in Sch. 7 para. 32(2) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 40(2)(b), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F5 Sch. 7 para. 32(3) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 40(3), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

Commencement Information

I1 Sch. 7 para. 32 wholly in force at 1.4.2002; Sch. 7 para. 32 not in force at Royal Assent see s. 154; Sch. 7 para. 32 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 32 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2 Sch. Pt. II; Sch. 7 para. 32 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

M1 1998 c. 31.

33 E+W Regulations may require any of the following to provide prescribed information to prescribed persons at prescribed times—

(a) the Council,

(b) a [F6 local education authority], and

(c) an adjudicator.

Textual Amendments

F6 Words in Sch. 7 para. 33(b) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 41; S.I. 2007/935, art. 7(o)

Commencement Information

I2 Sch. 7 para. 33 wholly in force at 1.4.2002; Sch. 7 para. 33 not in force at Royal Assent see s. 154; Sch. 7 para. 33 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 33 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 33 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

34 E+W Any person may send objections to [F7 , or comments on, ] the proposals to the [F8 local education authority] within such period as may be prescribed.

Textual Amendments

F7 Words in Sch. 7 para. 34 inserted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 12 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F8 Words in Sch. 7 para. 34 substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 42; S.I. 2007/935, art. 7(o)

Commencement Information

I3 Sch. 7 para. 34 wholly in force at 1.4.2002; Sch. 7 para. 34 not in force at Royal Assent see s. 154; Sch. 7 para. 34 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 34 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 34 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

35 [F9 (1) The local education authority must consider the proposals and, subject to subsection (2), may — E+W

(a) reject them,

(b) approve them without modification,

(c) approve them subject to modifications.

(1A) The authority—

(a) may, if they think it appropriate to do so and subject to regulations, refer the proposals to the adjudicator, and

(b) must do so in prescribed cases.]

(2) In considering proposals a [F10 local education authority] shall have regard to—

(a) any guidance issued by the Secretary of State,

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any objections [F12 or comments]made in accordance with paragraph 34 and not withdrawn.

(3) Before approving proposals subject to modifications a [F13 local education authority] shall consult such persons as may be prescribed.

(4) An approval under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time, the proposals shall [F14 fall to be considered afresh under sub-paragraph (1)].

F15 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where proposals are referred to the adjudicator—

(a) he shall consider them afresh, and

(b) for that purpose, [F16 sub-paragraphs (1)(a) to (c) and (2) to (4)] shall apply to him as they apply to the [F17 local education authority].

(8) The Council may withdraw proposals by notice in writing to the [F18 local education authority] at any time before a determination has been made by [F19 the authority] or the adjudicator.

Textual Amendments

F9 Sch. 7 para. 35(1)(1A) substituted for Sch. 7 para. 35(1) (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 43(2); S.I. 2007/935, art. 7(o)

F10 Words in Sch. 7 para. 35(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 43(3); S.I. 2007/935, art. 7(o)

F11 Sch. 7 para. 35(2)(b) 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. 3(b)

F12 Words in Sch. 7 para. 35(2)(c) inserted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(3) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F13 Words in Sch. 7 para. 35(3) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 43(3); S.I. 2007/935, art. 7(o)

F14 Words in Sch. 7 para. 35(4) substituted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F15 Sch. 7 para. 35(5)(6) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 43(4), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

F16 Words in Sch. 7 para. 35(7) substituted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(5) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F17 Words in Sch. 7 para. 35(7)(b) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 43(5); S.I. 2007/935, art. 7(o)

F18 Words in Sch. 7 para. 35(8) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 43(6)(a); S.I. 2007/935, art. 7(o)

F19 Words in Sch. 7 para. 35(8) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 43(6)(b); S.I. 2007/935, art. 7(o)

Modifications etc. (not altering text)

C1 Sch. 7 para. 35 applied (with modifications) (1.4.2003) by The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 (S.I. 2003/507), regs. 1, 27, Sch. 5 para. 3

Commencement Information

I4 Sch. 7 para. 35 wholly in force at 1.4.2002; Sch. 7 para. 35 not in force at Royal Assent see s. 154; Sch. 7 para. 35 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 35 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 35 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

36 (1) Where proposals are approved under paragraph 35 they shall be implemented. E+W

(2) But the [F20 local education authority]—

(a) may modify the proposals, after consulting such persons as may be prescribed;

(b) where the proposals were approved subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;

(c) may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were approved.

(3) A [F21 local education authority ] may act under sub-paragraph (2)(a) or (b) only in response to a request by the Council.

(4) A determination may be made under sub-paragraph (2)(c) only in response to a proposal of the Council which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to proposals they shall be treated as rejected.

Textual Amendments

F20 Words in Sch. 7 para. 36(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 44; S.I. 2007/935, art. 7(o)

F21 Words in Sch. 7 para. 36(3) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 44; S.I. 2007/935, art. 7(o)

Commencement Information

I5 Sch. 7 para. 36 wholly in force at 1.4.2002; Sch. 7 para. 36 not in force at Royal Assent see s. 154; Sch. 7 para. 36 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 36 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 36 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

[F22 37 (1) The local education authority— E+W

(a) may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any question which would otherwise fall to be determined by the authority under paragraph 36, and

(b) in prescribed cases, must refer to the adjudicator any such matter.

(2) Where a question is referred to the adjudicator—

(a) he shall consider the matter afresh, and

(b) for that purpose, paragraph 36 applies to him as it applies to the committee.]

Textual Amendments

F22 Sch. 7 para. 37 substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 45; S.I. 2007/935, art. 7(o)

38 (1) The duty to implement proposals to alter a school— E+W

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.

(2) The duty to implement proposals to discontinue a school—

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.

(3) For the purpose of sub-paragraph (2)(a) or (b), a local education authority’s duty to discontinue a school is a duty to cease maintaining it.

Commencement Information

I6 Sch. 7 para. 38 wholly in force at 1.4.2002; Sch. 7 para. 38 not in force at Royal Assent see s. 154; Sch. 7 para. 38 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2, Sch. Pt. I; Sch. 7 para. 38 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 38 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Wales E+W

39 (1) Paragraphs 40 to 44 apply to schools [F23 maintained by a local education authority] in Wales in respect of which proposals are published under this Schedule. E+W

(2) In those paragraphs—

• “the National Assembly” means the National Assembly for Wales,

• F24 ...

• “prescribed” means prescribed by or determined in accordance with regulations, and

• “regulations” means regulations made by the National Assembly.

Textual Amendments

F23 Words in Sch. 7 para. 39(1) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 126(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F24 Words in Sch. 7 para. 39(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(6) (with art. 7)

Commencement Information

I7 Sch. 7 para. 39 wholly in force at 1.4.2002; Sch. 7 para. 39 not in force at Royal Assent see s. 154; Sch. 7 para. 39 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 39 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 39 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

40 E+W Regulations may require [F25 the National Assembly] to provide prescribed information to prescribed persons at prescribed times—

F26 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Words in Sch. 7 para. 40 substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(7)(a) (with art. 7)

F26 Sch. 7 para. 40(a)(b) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(7)(b) (with art. 7)

Commencement Information

I8 Sch. 7 para. 40 wholly in force at 1.4.2002; Sch. 7 para. 40 not in force at Royal Assent see s. 154; Sch. 7 para. 40 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 29(1), Sch. Pt. I; Sch. 7 para. 40 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 40 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

41 E+W Any person may send objections to the proposals to the National Assembly within such period as may be prescribed.

Commencement Information

I9 Sch. 7 para. 41 wholly in force at 1.4.2002; Sch. 7 para. 41 not in force at Royal Assent see s. 154; Sch. 7 para. 41 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 41 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 41 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

42 [F27 (1) After the expiry of the period mentioned in paragraph 41, the National Assembly shall determine whether to— E+W

(a) withdraw the proposals;

(b) confirm them without modification; or

(c) confirm them subject to modifications.

(2) In making a determination under sub-paragraph (1), the National Assembly shall have regard to any objections made in accordance with paragraph 41 and not withdrawn.]

(3) Before [F28 confirming] proposals subject to modifications the National Assembly shall consult such persons as they consider appropriate.

(4) [F29 A confirmation] under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time, [F30 the National Assembly shall reconsider its determination] [F31 under sub-paragraph (1)].

[F32 (5) The National Assembly may withdraw its proposals at any time before a determination is made under this paragraph.]

Textual Amendments

F27 Sch. 7 para. 42(1)(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(a) (with art. 7)

F28 Word in Sch. 7 para. 42(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(b) (with art. 7)

F29 Words in Sch. 7 para. 42(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(c)(i) (with art. 7)

F30 Words in Sch. 7 para. 42(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(c)(ii) (with art. 7)

F31 Words in Sch. 7 para. 42(4) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 75, 216, Sch. 10 para. 15 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F32 Sch. 7 para. 42(5) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(d) (with art. 7)

Commencement Information

I10 Sch. 7 para. 42 wholly in force at 1.4.2002; Sch. 7 para. 42 not in force at Royal Assent see s. 154; Sch. 7 para. 42 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 42 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 42 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

43 (1) Where proposals are [F33 confirmed] under paragraph 42 they shall be implemented. E+W

(2) But the National Assembly—

(a) may modify the proposals, after consulting such persons as they consider appropriate;

(b) where the proposals were [F34 confirmed] subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;

(c) may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were [F34 confirmed].

F35 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A determination may be made under sub-paragraph (2)(c) only in response to a proposal of [F36 the National Assembly for Wales] which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to the proposals they shall be treated as rejected.

Textual Amendments

F33 Word in Sch. 7 para. 43(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(a) (with art. 7)

F34 Word in Sch. 7 para. 43(2)(b)(c) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(b) (with art. 7)

F35 Sch. 7 para. 43(3) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(c) (with art. 7)

F36 Words in Sch. 7 para. 43(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(d) (with art. 7)

Commencement Information

I11 Sch. 7 para. 43 wholly in force at 1.4.2002; Sch. 7 para. 43 not in force at Royal Assent see s. 154; Sch. 7 para. 43 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 43 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 43 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

44 (1) The duty to implement proposals to alter a school— E+W

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.

(2) The duty to implement proposals to discontinue a school—

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.

(3) For the purpose of sub-paragraph (2)(a) or (b), a local education authority’s duty to discontinue a school is a duty to cease maintaining it.

Commencement Information

I12 Sch. 7 para. 44 wholly in force at 1.4.2002; Sch. 7 para. 44 not in force at Royal Assent see s. 154; Sch. 7 para. 44 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 44 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 44 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Schools maintained by LEA outside its area E+W

45 (1) This paragraph applies to a school which— E+W

(a) is a community, voluntary or foundation school, and

(b) is situated in an area other than that of the local education authority who maintain it.

(2) This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—

(a) for schools in England, by regulations made by the Secretary of State, and

(b) for schools in Wales, by regulations made by the National Assembly for Wales.

Commencement Information

I13 Sch. 7 para. 45 wholly in force at 1.4.2002; Sch. 7 para. 45 not in force at Royal Assent see s. 154; Sch. 7 para. 45 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 45 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 45 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I