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Education and Inspections Act 2006

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Changes over time for: Section 8

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Version Superseded: 01/02/2012

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Point in time view as at 01/10/2010. This version of this provision has been superseded. Help about Status

Changes to legislation:

Education and Inspections Act 2006, Section 8 is up to date with all changes known to be in force on or before 09 March 2025. 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. Help about Changes to Legislation

8Proposals under section 7 relating to community or community special schoolsE+W

This section has no associated Explanatory Notes

(1)A [F1local authority] may by virtue of subsection (5)(b)(ii) of section 7 publish proposals under that section for the establishment of a community or community special school—

(a)only if at a prescribed time prescribed conditions are met in relation to the authority, and

(b)except where further prescribed conditions are also met in relation to the authority at that time, only with the consent of the Secretary of State.

(2)The conditions prescribed for the purposes of subsection (1)(a) or (b) must include conditions relating to the standards achieved by the authority in performing the functions to which Chapter 4 of Part 8 (inspection and review of local authorities in England) applies.

(3)The other conditions that may be prescribed for those purposes are conditions relating to either or both of the following—

(a)the standards of performance achieved by any relevant school, and

(b)the extent of diversity among relevant schools.

(4)The matters to which the Secretary of State is to have regard in determining whether to give consent under subsection (1)(b) include prescribed matters.

(5)The power by virtue of subsection (2) or (3)(a) to prescribe standards includes power to prescribe them by reference to the opinion of the Chief Inspector or by reference to any rating awarded by the Chief Inspector following an inspection or review under any enactment.

(6)In this section—

  • Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

  • maintained school” does not include a maintained nursery school;

  • relevant school”, in relation to a [F1local authority], means a maintained school maintained by the authority or an Academy, city technology college or city college for the technology of the arts in the area of the authority.

Textual Amendments

Commencement Information

I1S. 8 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)

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