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Version Superseded: 01/04/2010
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Education and Inspections Act 2006, Section 68 is up to date with all changes known to be in force on or before 08 November 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.
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(1)If at any time a maintained school is eligible for intervention by virtue of section 62 (school requiring special measures), the Secretary of State may give a direction to the local education authority requiring the school to be discontinued on a date specified in the direction.
(2)Before giving a direction under subsection (1), the Secretary of State must consult—
(a)the local education authority and the governing body of the school,
(b)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority,
(c)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed,
(d)in the case of a school which provides education suitable to the requirements of persons over compulsory school age, the Learning and Skills Council for England, and
(e)such other persons as the Secretary of State considers appropriate.
(3)On giving a direction under subsection (1) the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.
(4)Where the local education authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.
(5)In this section any reference to the discontinuance of a maintained school is a reference to the local education authority ceasing to maintain it.
Modifications etc. (not altering text)
C1S. 68 applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 23
Commencement Information
I1S. 68 in force at 1.4.2007 by S.I. 2007/935, art. 5(j)
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