SCHEDULES
SCHEDULE 2 DISTRIBUTION OF FUNCTIONS WHERE ORDER MADE UNDER SECTION 12
Part III FUNCTIONS WHERE RESPONSIBILITY FOR PROVIDING SUFFICIENT SCHOOL PLACES IS TRANSFERRED
Powers to establish, maintain and alter schools
7
1
The local education authority may not exercise the power under section 9 of that Act to establish any school, or to begin to maintain as a county school any school which is not such a school, (in both cases referred to in this paragraph as “the school in question”) unless—
a
under section 14 of the Education Act 1944 or section 12 of the M1Education Act 1980 their duty to maintain one or more other schools ceases, and
b
the school in question is intended to provide education for pupils in the area which was served by the other school or (as the case may be) the other schools.
2
This paragraph does not apply—
a
to special schools,
b
to nursery schools,
c
where relevant education is only primary education, if the school in question is or will be a secondary school which also provides primary education, or
d
where relevant education is only secondary education, if the school in question is or will be a primary school which also provides secondary education.