# Education and Inspections Act 2006, Section 28: Restriction on establishment, alteration or discontinuance of schools

Extent: E+W

(1) Except in pursuance of proposals falling to be implemented under this Part ...—
(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),...
(b) section 30(9) of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school), 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.
(5) A pupil referral unit may not be established except in pursuance of proposals falling to be implemented under this Part.

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Source: https://www.legislation.gov.uk/ukpga/2006/40/section/28 (the official version)
Page: https://openlegislation.uk/education-and-inspections-act-2006/section-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.