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(1)Where a [F1local authority] in England propose to discontinue—
(a)a community, foundation or voluntary school,
(b)a community or foundation special school, or
(c)a maintained nursery school,
the authority must publish their proposals under this section.
(2)Where the governing body of—
(a)a foundation or voluntary school in England, or
(b)a foundation special school in England,
propose to discontinue the school, the governing body must publish their proposals under this section.
(3)Proposals under this section must—
(a)contain such information, and
(b)be published in such manner,
as may be prescribed.
(4)The matters to which the relevant body must have regard in formulating any proposals under this section in relation to a rural primary school include—
(a)the likely effect of the discontinuance of the school on the local community,
(b)the availability, and likely cost to the [F1local authority], of transport to other schools,
(c)any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and
(d)any alternatives to the discontinuance of the school;
and in considering these matters the relevant body must have regard to any guidance given from time to time by the Secretary of State.
(5)Where any proposals are published under subsection (2), the persons making the proposals must submit the proposals in accordance with regulations to the [F1local authority].
(6)Schedule 2 has effect in relation to the consideration, approval and implementation of proposals published under this section.
(7)In this section—
(a)“the relevant body” means the [F1local authority] mentioned in subsection (1) or the governing body mentioned in subsection (2) (as the case may be);
(b)“rural primary school” means a primary school designated as such for the purposes of this section by an order made by the Secretary of State.
(8)In this Part any reference to a [F1local authority]—
(a)discontinuing a school, or
(b)implementing proposals to discontinue a school (whether published by the authority or the governing body),
is a reference to the authority ceasing to maintain the school.
Textual Amendments
F1Words in Pts. 1-7 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. 14(2)
Modifications etc. (not altering text)
C1Ss. 15-17 excluded (29.7.2010) by Academies Act 2010 (c. 32), ss. 6(9), 19(2); S.I. 2010/1937, art. 2, Sch. 1
Commencement Information
I1S. 15 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)
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