- Latest available (Revised)
- Point in Time (01/01/2010)
- Original (As enacted)
Version Superseded: 05/05/2010
Point in time view as at 01/01/2010. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Education Act 2002, Section 72 is up to date with all changes known to be in force on or before 17 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)After section 113 of the Learning and Skills Act 2000 (c. 21) there is inserted—
(1)The Learning and Skills Council for England may make proposals under this section—
(a)with a view to meeting recommendations made in the report of an area inspection under section 65,
(b)with a view to promoting one or more of the relevant objectives, or
(c)if—
(i)they are made in addition to proposals relating to education or training other than in schools, and
(ii)the combined proposals are made with a view to promoting one or more of the relevant objectives.
(2)The National Council for Education and Training for Wales may make proposals under this section—
(a)with a view to meeting recommendations made in the report of an area inspection under section 83,
(b)with a view to promoting one or more of the relevant objectives, or
(c)if—
(i)they are made in addition to proposals relating to education or training other than in schools, and
(ii)the combined proposals are made with a view to promoting one or more of the relevant objectives.
(3)For the purposes of this section, the following are “relevant objectives”—
(a)an improvement in the educational or training achievements of persons who are above compulsory school age but below the age of 19;
(b)an increase in the number of such persons who participate in education or training suitable to the requirements of such persons;
(c)an expansion of the range of educational or training opportunities suitable to the requirements of such persons.
(4)Proposals under this section are proposals for one or more of the following—
(a)the establishment by a local education authority of one or more new community, foundation, community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);
(b)an alteration to one or more maintained schools which relates to the provision of secondary education suitable to the requirements of such persons and is of a description prescribed by regulations;
(c)the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of such persons (and no other secondary education).
(5)Proposals under this section are to be published and submitted to the relevant authority, which shall—
(a)approve them, with or without modification or subject to the occurrence of any event, or
(b)reject them.
(6)Schedule 7A (implementation of proposals) has effect.
(7)In exercising any function conferred by or under this section, the Learning and Skills Council for England and the National Council for Education and Training for Wales must have regard to any guidance given from time to time by the relevant authority.
(8)Proposals under this section may be made either alone or in addition to proposals under section 51 of the Further and Higher Education Act 1992 (c. 13) (proposals for further education corporations).
(9)Regulations may make provision about proposals under this section and may in particular make provision about—
(a)the information to be included in, or provided in relation to, the proposals;
(b)publication of the proposals;
(c)consultation on the proposals (before or after publication);
(d)the making of objections to or comments on the proposals;
(e)withdrawal or modification of the proposals;
(f)approval of the proposals by the relevant authority.
(10)For the purposes of sections 496 and 497 of the Education Act 1996 (c. 56) (powers to prevent unreasonable exercise of functions and general default powers), the provisions of this section and Schedule 7A shall be treated as if they were provisions of that Act.
(11)For the purposes of this section and Schedule 7A—
“alteration” means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—
in the religious character of the school, or
whereby the school would acquire or lose a religious character;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“regulations” means—
in relation to proposals by the Learning and Skills Council for England, regulations made by the Secretary of State, and
in relation to proposals by the National Council for Education and Training for Wales, regulations made by the National Assembly for Wales;
“relevant authority” means—
in relation to the Learning and Skills Council for England, the Secretary of State; and
in relation to the National Council for Education and Training for Wales, the National Assembly for Wales;
“secondary education” has the same meaning as in section 2 of the Education Act 1996.”
(2)Schedule 9 (which inserts a new Schedule 7A into that Act) shall have effect.
Commencement Information
I1S. 72 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4
I2S. 72 in force at 1.8.2004 for W. by S.I. 2004/1728, art. 4, Sch. Pt. 1
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: