Section 28 Restriction on establishment, alteration or discontinuance of schoolsI1

England and Wales

(1)

Except in pursuance of proposals falling to be implemented under this Part F1...—

(a)

no maintained school may be established or discontinued;

(b)

no prescribed alteration may be made to a maintained school.

(2)

In subsection (1)(b) “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.

(3)

Subsection (1) has effect subject to—

(a)

sections 17(5) and 68(4) (which relate to powers of the Secretary of State to require a maintained school to be discontinued),F2...

(b)

section 30(9) of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school)F3, and

(c)

section 6(2) of the Academies Act 2010 (requirement to cease to maintain school in respect of which Academy order has effect).

(4)

Except in pursuance of proposals falling to be implemented under section 27, no alteration falling within section 25(4)(a) or (b) may be made to a foundation or foundation special school.

F4(5)

A pupil referral unit may not be established except in pursuance of proposals falling to be implemented under this Part.

Annotations

Textual amendments

F1: Words in s. 28(1) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 59, Sch. 2 Pt. 1 (with art. 2(3))
F2: Word in s. 28(3) omitted (29.7.2010) by virtue of Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 20; S.I. 2010/1937, art. 2, Sch. 1
F3: S. 28(3)(c) and word inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 20; S.I. 2010/1937, art. 2, Sch. 1
F4: S. 28(5) inserted (1.9.2026 for E.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 67, 78(5); S.I. 2026/803, reg. 5(e) (as amened by S.I. 2026/941, regs. 1(b), 2(2))

Commencement

I1: S. 28 in force at 25.5.2007 by S.I. 2007/935, art. 7(g)