Education Act 2002

115 (1) Schedule 6 to the School Standards and Framework Act 1998 (establishment etc of schools) is amended as follows. E+W

(2) In paragraph 3, after sub-paragraph (2) there is inserted—

“(2A) The requirement to make a decision under sub-paragraph (2) in the case of proposals of a prescribed description only applies if, at the time when the decision falls to be made under that sub-paragraph, the committee are satisfied that the proposals do not relate to any relevant proposals.

(2B) In sub-paragraph (2A), “relevant proposals” means proposals of a description prescribed for the purposes of this sub-paragraph.

(2C) In deciding for the purposes of sub-paragraph (2A) whether any proposals are related the relevant committee shall have regard to any guidance given from time to time by the Secretary of State.”

(3) In paragraph 4(3)—

(a) in paragraph (b), after “body of a” there is inserted “ community, ”, and

(b) after paragraph (e) there is inserted—

“(f) any undetermined proposals published under section 113A of the Learning and Skills Act 2000, if those proposals are relevant proposals for the purposes of paragraph 3(2A);

(g) any undetermined proposals made under section 51 of the Further and Higher Education Act 1992, if those proposals are relevant proposals for those purposes; or

(h) any direction under section 71 of the Education Act 2002”.

(4) In paragraph 4(4)—

(a) in paragraph (a), after “or under Schedule 7” there is inserted “ or 7A ”, and

(b) after paragraph (b) there is inserted “or

(c) the Secretary of State has not made a decision as to whether or not to make an order under section 16 or 27 of the Further and Higher Education Act 1992,”.

(5) In paragraph 12 (implementation of proposals relating to community or maintained nursery schools)—

(a) in sub-paragraph (1), for the words from “proposed” to the end there is substituted “ maintained nursery school or a proposed such school ”, and

(b) in sub-paragraph (2) there is inserted at the end “ or, in the case of proposals published by the governing body of a community school under section 28(2)(b), by the [F1 local authority] who maintain the school ”.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I1 Sch. 21 para. 115(1)(2)(3)(b)(4) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I2 Sch. 21 para. 115(3)(a) in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

I3 Sch. 21 para. 115(5)(a) in force at 31.3.2004 for W. by S.I. 2004/912, art. 4, Sch. Pt. 1

I4 Sch. 21 para. 115(5)(b) in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1