3(1)Section 4 of EA 2002 (applications for orders under section 2) is amended as follows.E+W
(2)In subsection (1) after “section 2” insert “ (“an application for an order”) ”.
(3)After subsection (1) insert—
“(1A)No application for an order may be made by the head teacher of a maintained school without the consent of the governing body of the school.”
(4)In subsection (2)—
(a)for “such an application” substitute “ an application for an order ”,
(b)after paragraph (a) insert—
“(aa)in the case of a qualifying foundation, consult the governing body of each foundation or foundation special school to which the application relates and the local education authority who maintain the school,”, and
(c)for paragraph (b) substitute—
“(b)in the case of the governing body of a maintained school, consult—
(i)the local education authority who maintain the school, and
(ii)where the school is a foundation school with a qualifying foundation, that foundation, and”.