Section 10 Proposals other than proposals pursuant to a section 7 notice: publication etcF6I1C1C2
England and Wales
Where a local authority in England propose to establish a new maintained nursery school, they must publish their proposals under this section.
Where a local authority in England propose to establish a new school within subsection (2A), they may publish their proposals under this section if there is for the time being no notice under section 7 pursuant to which (by virtue of section 7(5)(aa)) they could publish such proposals.
A school is within this subsection if it is—
a community, community special, foundation or foundation special school which—
is not to be one providing education suitable only to the requirements of persons above compulsory school age, and
is to replace one or more maintained schools, or
a pupil referral unit which is to replace one or more pupil referral units.
Where any persons other than a local authority (“proposers”) propose to establish a new foundation, voluntary or foundation special school in England, they may publish their proposals under this section if there is for the time being no notice under section 7 pursuant to which such proposals could be made.
Proposals under this section must—
contain such information, and
be published in such manner,
as may be prescribed.
Before publishing any proposals under this section, the F2local authority or proposers (as the case may be) must consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority or proposers must have regard to any guidance given from time to time by the Secretary of State.
Where any proposals are published under subsection F3(2B)—
the proposers must submit the proposals in accordance with regulations to the local authority who it is proposed should maintain the school F5, and
the local authority must take such action to publicise the proposals as may be prescribed.
Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.
Annotations
Textual amendments
- F1
S. 10(1)-(2B) substituted for s. 10(1)(2) (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 66(2)(b), 78(5) (with s. 69(4)(5)); S.I. 2026/803, reg. 5(d)
- F2
Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)
- F3
Word in s. 10(5) substituted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 66(2)(c)(i), 78(5) (with s. 69(4)(5)); S.I. 2026/803, reg. 5(d)
- F4
Words in s. 10(5) renumbered as s. 10(5)(a) (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 66(2)(c)(ii), 78(5) (with s. 69(4)(5)); S.I. 2026/803, reg. 5(d)
- F5
S. 10(5)(b) and word inserted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 66(2)(c)(iii), 78(5) (with s. 69(4)(5)); S.I. 2026/803, reg. 5(d)
- F6
S. 10 heading substituted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 66(2)(a), 78(5) (with s. 69(4)(5)); S.I. 2026/803, reg. 5(d)
Modifications
- C1
S. 10 modified (E.) (25.5.2007) by The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 (S.I. 2007/1288), reg. 1(1), Sch. 7 Pt. 2
- C2
S. 10 modified (28.1.2014) by The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 (S.I. 2013/3109), reg. 1, Sch. 4 Pt. 2 (as amended (1.9.2026) by S.I. 2026/528, regs. 1(2), 28(c) (with reg. 29))
Commencement
- I1
S. 10 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)