Section 233 Directions to bring forward proposals for additional provision in maintained schools.

England and Wales

(1)

The powers conferred by subsection (2) below are exercisable where—

(a)

an order under section 12(1)(b) of this Act applies to the area of a local education authority, and

(b)

the Secretary of State is of the opinion that the schools providing relevant education which are available for the area are not sufficient for the purposes of section 8 of the M1Education Act 1944 and that additional provision for relevant education should be made in maintained schools in the area.

(2)

The Secretary of State may—

(a)

by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

(b)

in the case of any voluntary school in the area, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school,

in the case of any such order with a view to securing that provision is made for such additional number of pupils in the area as may be specified in the order.

(3)

An order under subsection (2) above shall—

(a)

require the proposals to be published or, as the case may be, notice of the proposals to be served not later than such date as may be specified in the order, and

(b)

require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

(4)

An order under subsection (2)(a) above may not require the proposals to relate to any named school.

(5)

Paragraph 7 of Schedule 2 to this Act does not apply in relation to the implementation of any proposals under section 12 of the M2Education Act 1980 where the Secretary of State has made an order under subsection (2) above.

Annotations

Marginal citations

M1: 1944 c. 31.
M2: 1980 c. 20.

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F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.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)