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The Education (New Secondary School Proposals) (England) Regulations 2006

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6.—(1) For the purposes of section 66(4), the local education authority must, before publishing a notice, consult—

(a)the governing bodies of any schools which are proposed to be discontinued and whose pupils may be expected to transfer to the new school;

(b)the governing bodies of any primary schools whose pupils might be expected to attend the new school;

(c)the governing bodies of other maintained schools in the area, including schools in an adjoining local education authority that may be affected by the proposals;

(d)any other local education authority which might be affected by the establishment of the new school;

(e)parents, teachers, school staff in the area who may be affected by the proposals, including parents of pupils at feeder primary schools and those living, or who have children attending a school, in the area of an adjoining local education authority and representatives of any trade union of which staff at schools likely to be affected by the proposals are members;

(f)the Diocesan Board of Education for any diocese of the Church of England which is comprised in the area of the local education authority, the local ordinary of a diocese of the Roman Catholic Church which is comprised in the area of the local education authority;

(g)any other person or organisation that has expressed an interest in writing to the authority in establishing an additional secondary school to serve pupils in the area;

(h)the Learning and Skills Council for England;

(i)any Member of Parliament, whose constituency includes the site of the proposed school, or whose constituents are likely to be affected by the proposals; and

(j)the district council (where it is not a local education authority) and any parish council for the area where the proposed school is to be situated.

(2) For the purposes of section 66(4) the “relevant matters” about which the local education authority must consult are those matters listed in Schedule 1 to these Regulations.

(3) The local education authority must arrange for at least one public meeting to be held to inform the public of the consultation and any relevant matters.

(4) A local education authority must, once it has commenced any such consultation, immediately inform the Secretary of State in writing of the period during which consultation will be carried out.

(5) If before 1st September 2006 any action was taken which (had it been taken on or after that day) would to any extent have satisfied the requirements of this regulation, those requirements are to that extent to be treated as satisfied.

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