Section 108 Power to transfer functions under preceding provisions.

England and Wales

(1)

The Secretary of State may by order provide for this Part of this Act to have effect with the modifications in subsections (2) to (7) below in relation to any proposals published by the governing body of a grant-maintained school under section 104 of this Act after the coming into force of the order.

(2)

The governing body shall submit a copy of the proposals to the funding authority as well as to the Secretary of State.

(3)

Any objections under subsection (7) of that section to the proposals shall be submitted to the funding authority instead of to the Secretary of State.

(4)

If any objection is made under subsection (7) of that section within the period allowed under that subsection and not withdrawn in writing within that period, then, not later than one month after the end of that period—

(a)

the funding authority shall send to the Secretary of State copies of all such objections made (and not withdrawn in writing) together with their observations on them, and

(b)

may themselves submit to the Secretary of State an objection to the proposals.

(5)

Section 106(1) of this Act shall not apply to the proposals unless—

(a)

the Secretary of State gives notice to the funding authority within two months after the submission to him of the published proposals that the proposals require his approval, or

(b)

objections have been made under subsection (7) of section 104 of this Act within the period allowed under that subsection (unless all objections so made have been withdrawn in writing within that period).

(6)

Where section 106(1) of this Act does not apply to the proposals—

(a)

the proposals shall require the approval of the funding authority,

(b)

the funding authority may reject them, approve them without modification or, after consulting the governing body, approve them with the substitution of a different date for the date of discontinuance proposed,

(c)

where the funding authority approve them, they shall give notice in writing of that fact and of the discontinuance date to the governing body, and

(d)

the reference in section 107(2)(b) of this Act to the Secretary of State shall be read as a reference to the funding authority.

(7)

Paragraph 21(b) of Schedule 2 to this Act shall not apply in relation to the proposals.

(8)

References in this Part of this Act to approval under section 106 of this Act include approval under this section.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)