5.—(1) Subject to paragraph (4) below, where any proposals to establish a maintained school have been published under section 7, 10 or 11 of EIA 2006, the local education authority may make arrangements in anticipation of approval of the proposals(1).
(2) If proposals are to establish a voluntary controlled school, the local education authority must consult the proposers—
(a)as to whether the power given to the local education authority in paragraph (1) above should be exercised; and
(b)if the local education authority proposes to exercise it, as to the date on which the arrangements should be made.
(3) If proposals are to establish a voluntary aided or foundation school, the local education authority and the proposers must consider—
(a)whether the power given to the local education authority in paragraph (1) above should be exercised; and
(b)where they agree that it should, on what date the arrangements should be made.
(4) If two or more sets of proposals for the establishment of a maintained school have been published, the local education authority must not exercise the power given to it in paragraph (1) above.
6. Where proposals to establish a foundation school or a voluntary school have been published by proposers, a local education authority must not make arrangements in respect of the school without the agreement of the proposers as to any provision which will be made in relation to the temporary foundation governors.
Approval may be under paragraph 8 or 10 of Schedule 2 to EIA 2006.