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.