Section 229 Proposals for establishment, etc. of schools by local education authority.I1

England and Wales

(1)

In section 12 of the M1Education Act 1980 (establishment and alteration of county schools) in subsection (1), after “county school” in paragraph (d) there is inserted “ or to transfer a county school to a new site in the area ” and, after that subsection, there is inserted—

“(1A)
Before publishing the proposals the local education authority shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the authority shall have regard to any guidance given from time to time by the Secretary of State.
(1B)
The Secretary of State shall publish any guidance given by him for the purposes of subsection (1A) above in such manner as he thinks fit.”

(2)

In subsection (3) of that section—

(a)

“voluntary” is omitted, and

(b)

after “affected by the proposals” there is inserted “ by the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies) ”.

C1(3)

Where—

(a)

an order under section 12 of this Act applies to the area of a local education authority, and

C2(b)

the authority publish proposals under section 12 of that Act which affect the provision of relevant education in the area,

the funding authority shall be included among the persons who may submit objections to the proposals.

Annotations

Marginal citations

M1: 1980 c. 20.

Modifications

C1: S. 229(3) applied (2.10.1995) by S.I. 1995/2368, reg. 2(1)
C2: S. 229(3)(b) modified (2.10.1995) by S.I. 1995/2368, reg. 2(2)

Commencement

I1: S. 229 wholly in force at 1.4.1994; s. 229 not in force at Royal Assent see s. 308(3); s. 229(1) in force for specified purposes at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1; s. 229(1) in force for all remaining purposes and s. 229(2)(3) wholly in force at 1.4.1994 by S.I.1994/507, art. 4, Sch. 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F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.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)