Section 436N School nomination notice: procedureF1

Not yet in force

(1)

Before deciding to specify a maintained school, Academy school or alternative provision Academy in a school nomination notice a local authority must consult—

(a)

in the case of a maintained school—

(i)

the governing body, and

(ii)

if another local authority is responsible for determining the arrangements for the admission of pupils to the school, that authority, or

(b)

in the case of an Academy school or alternative provision Academy, the proprietor.

(2)

Where a local authority decides to specify a maintained school, Academy school or alternative provision Academy in a school nomination notice the authority must, before serving the notice, serve notice in writing of their decision on—

(a)

in the case of a maintained school—

(i)

the governing body,

(ii)

the head teacher, and

(iii)

if another local authority is responsible for determining the arrangements for the admission of pupils to the school, that authority, or

(b)

in the case of an Academy school or alternative provision Academy—

(i)

the proprietor, and

(ii)

the principal.

(3)

A notice under subsection (2) must be served without delay, and in any event before the end of the period of 15 days beginning with the expiry of the period specified in the notice under section 436H.

(4)

A person on whom a notice is served under subsection (2)(a)(i) or (iii) or (b)(i) may apply to the Secretary of State in relation to a school in England, or to the Welsh Ministers in relation to a school in Wales, for a direction under this section and, if they do so, must inform the local authority which served the notice.

(5)

An application under subsection (4) must be made—

(a)

if the notice is served on a school day, before the end of the period of 10 school days beginning with the day on which the notice is served, or

(b)

if the notice is served on a day that is not a school day, before the end of the period of 10 school days beginning with the first school day following the day on which the notice is served.

(6)

If the local authority which served a notice under subsection (2) is not informed of an application under subsection (4) within the period specified in subsection (5), the authority must serve the school nomination notice without delay, and in any event before the end of the period of five days beginning with the day after the day on which the period specified in subsection (5) ended.

(7)

Where the Secretary of State gives a direction under this section in relation to a school in England or the Welsh Ministers give a direction under this section in relation to a school in Wales—

(a)

the school or schools to be specified in the school nomination notice are to be determined in accordance with the direction, and

(b)

the school nomination notice must be served without delay, and in any event before the end of the period of five days beginning with the day after that on which the direction is given.

(8)

If a local authority in England serves a notice under subsection (2) specifying a school in Wales and an application for a direction is made to the Welsh Ministers under subsection (4) in relation to that notice, the direction under this section may only—

(a)

confirm that a school specified in the notice under subsection (2) should be specified in the school nomination notice, or

(b)

refer the question of which school or schools should be specified in the school nomination notice back to the local authority to determine.

(9)

If a local authority in Wales serves a notice under subsection (2) specifying a school in England, and an application for a direction is made to the Secretary of State under subsection (4) in relation to that notice, the direction under this section may only—

(a)

confirm that a school specified in the notice under subsection (2) should be specified in the school nomination notice, or

(b)

refer the question of which school or schools should be specified in the school nomination notice back to the local authority to determine.

Annotations

Textual amendments

F1: Ss. 436H-436S and cross-heading inserted (29.4.2026 but only in relation to the power to make regulations conferred by ss. 436I, 436S, otherwise prosp.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 39(2), 78(1)(a)(3)(5)