OpenLegislation

Section 7 Invitation for proposals for establishment of new schoolsI1C1C2

England and Wales

F1(1)

This section applies where a local authority in England think that a new school, other than a maintained nursery school, should be established in their area.

(1A)

The local authority must (subject to subsection (2A)) publish a notice under this section inviting proposals from persons other than local authorities for the establishment of a new school falling within subsection (2).

(2)

The schools falling within this subsection are—

(a)

a foundation, voluntary or foundation special school, F2...

(b)

an F3Academy school F4, or

(c)

an alternative provision Academy,

other than a school providing education suitable only to the requirements of persons above compulsory school age.

F5(2A)

A local authority are not required to publish a notice under this section (but may do so) if—

(a)

the school that the local authority think should be established falls within section 10(2A), or

(b)

proposals have been published under section 10(2B) by other persons and those proposals have not yet been determined.

(3)

A notice under this section must—

(a)

identify a possible site for the school,

(b)

state whether or not the proposed school is to be a special school,

(c)

specify a date, being a date after the prescribed interval, by which proposals must be submitted,

(d)

specify such other matters as may be prescribed, and

(e)

be published in the prescribed manner.

(4)

Proposals made pursuant to a notice under this section must—

(a)

contain the prescribed information, and

(b)

be submitted to the F6local authority before the date specified in the notice.

(5)

After the date specified in a notice published by a local authority under this section, the authority—

(a)

must publish under this section any proposals submitted pursuant to the notice in accordance with subsection (4) F7, and

(aa)

may publish under this section proposals of their own for the establishment of—

(i)

a new community, community special, foundation or foundation special school, other than one providing education suitable only to the requirements of persons above compulsory school age, or

(ii)

a new pupil referral unit.

F8(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Regulations may prescribe—

(a)

the time within which proposals under this section must be published, F10...

(b)

the manner in which they must be published F11, and

(c)

the information which proposals within subsection (5)(aa) must contain.

(7)

Schedule 2 has effect in relation to the consideration, approval and implementation of proposals under this section.

Annotations

Textual amendments

F1

S. 7(1)(1A) substituted for s. 7(1) (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 65(3)(a), 78(5) (with s. 69(2)(3)); S.I. 2026/803, reg. 5(c)

F2

Words in s. 7(2)(a) omitted (1.9.2026) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 65(3)(b)(i), 78(5) (with s. 69(2)(3)); S.I. 2026/803, reg. 5(c)

F3

Words in s. 7(2)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(2); S.I. 2012/924, art. 2

F4

S. 7(2)(c) and words inserted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 65(3)(b)(ii), 78(5) (with s. 69(2)(3)); S.I. 2026/803, reg. 5(c)

F5

S. 7(2A) inserted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 65(3)(c), 78(5) (with s. 69(2)(3)); S.I. 2026/803, reg. 5(c)

F6

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)

F7

S. 7(5)(aa) and word inserted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 65(3)(d), 78(5) (with s. 69(2)(3)); S.I. 2026/803, reg. 5(c)

F8

S. 7(5)(b) and word omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 3(b); S.I. 2012/84, art. 3 (with art. 4)

F9

S. 7(5A) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 3(c); S.I. 2012/84, art. 3 (with art. 4)

F10

Word in s. 7(6) omitted (1.9.2026) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 65(3)(e)(i), 78(5) (with s. 69(2)(3)); S.I. 2026/803, reg. 5(c)

F11

S. 7(6)(c) and word inserted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 65(3)(e)(ii), 78(5) (with s. 69(2)(3)); S.I. 2026/803, reg. 5(c)

Modifications

C1

S. 7 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. 1

C2

S. 7 modified (28.1.2014) by The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 (S.I. 2013/3109), reg. 1, Sch. 4 Pt. 1 (as amended (1.9.2026) by S.I. 2026/528, regs. 1(2), 28(b) (with reg. 29))

Commencement

I1

S. 7 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)