# Education and Inspections Act 2006, Section 10: Proposals other than proposals pursuant to a section 7 notice: publication etc

Extent: E+W

(1) Where a local authority in England propose to establish a new maintained nursery school, they must publish their proposals under this section.
(2) 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.
(2A) A school is within this subsection if it is—
(a) a community, community special, foundation or foundation special school which—
(i) is not to be one providing education suitable only to the requirements of persons above compulsory school age, and
(ii) is to replace one or more maintained schools, or
(b) a pupil referral unit which is to replace one or more pupil referral units.
(2B) 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.
(3) Proposals under this section must—
(a) contain such information, and
(b) be published in such manner,
as may be prescribed.
(4) Before publishing any proposals under this section, the local 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.
(5) Where any proposals are published under subsection (2B)—
(a) the proposers must submit the proposals in accordance with regulations to the local authority who it is proposed should maintain the school , and
(b) the local authority must take such action to publicise the proposals as may be prescribed.
(6) Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

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Source: https://www.legislation.gov.uk/ukpga/2006/40/section/10 (the official version)
Page: https://openlegislation.uk/education-and-inspections-act-2006/section-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.