Education Act 2002

72 Proposals relating to sixth forms E+W

(1) After section 113 of the Learning and Skills Act 2000 (c. 21) there is inserted—

“113A Restructuring of sixth-form education

(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—

  (a)

  in the religious character of the school, or

  (b)

  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—

  (a)

  in relation to proposals by the Learning and Skills Council for England, regulations made by the Secretary of State, and

  (b)

  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—

  (a)

  in relation to the Learning and Skills Council for England, the Secretary of State; and

  (b)

  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

I1 S. 72 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I2 S. 72 in force at 1.8.2004 for W. by S.I. 2004/1728, art. 4, Sch. Pt. 1