OpenLegislation

Section 184 Procedure for dealing with proposals.C1

England and Wales

C2(1)

Before a body serve notice of any proposals under section 183 of this Act they shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the body shall have regard to any guidance given from time to time by the Secretary of State.

(2)

Any person may, within such period (which shall not be less than two months beginning with the date on which the notice is served) as may be specified in the notice under that section, submit objections to the proposals to the body which served the notice.

(3)

Within one month after the end of the period for making objections specified in the last notice to be served under that section, the body which served the notice shall transmit to the Secretary of State copies of all objections which have been duly made (and not withdrawn in writing), together with their observations on them.

(4)

The Secretary of State may, after considering the proposals, any objections to the proposals and any observations on the objections, reject the proposals, approve them without modification or, after consulting the body which served notice of them and, in the case of proposals under section 183(3)(b) or (c) of this Act, the governing body, approve them with such modifications as he thinks desirable.

C3(5)

The Secretary of State may modify any proposals required under section 183 of this Act to be implemented—

(a)

in the case of proposals under section 183(3)(b) or (c) of this Act—

(i)

at the request of the governing body, or

(ii)

at the request of the funding authority and after consulting the governing body, or

(b)

in any other case, at the request of the body which served notice of the proposals.

(6)

References in this Part of this Act to proposals under section 183 of this Act, in any case where the Secretary of State has modified such proposals in pursuance of this section, are to the proposals as so modified.

(7)

Service of a notice under that section which is sent by post in accordance with section 113 of the M1Education Act 1944 (notices) shall be taken to have been effected on the second day after the day on which the notice is posted.

Annotations

Marginal citations

M1

1944 c. 31.

Modifications

C1

S. 184 applied (1.5.1994) by S.I. 1994/1041, reg. 45(2)

Ss. 183-185 applied (2.10.1995) by S.I. 1995/2368, reg. 3

C2

S. 184(1)-(6) modified by S.I. 1994/507, art. 4, Sch. 3 Pt. II para. 5(1)

S. 184(1)-(6) modified by S.I. 1994/507, art. 4, Sch. 3 Pt. II para. 5(2)

C3

S. 184(5) applied (1.4.1994) by S.I. 1994/653, reg. 6(2)

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)

Notes on Part III

Modifications

C1

Pt. III (ss. 156-191) applied (with modifications) (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 5

Pt. III (ss. 156-191) modified (E.W.)(28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(6)