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Education Act 1993
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14Procedure for giving direction
(1)Before deciding to give a direction under section 13 of this Act, the appropriate authority shall consult—
(a)the parent of the child,
(b)the governing body of the school they propose to specify in the direction, and
(c)the authority (if different) which have a duty to maintain the school or to pay maintenance grant to the governing body (referred to in this section as the “maintaining authority”).
(2)Where the appropriate authority decide to give such a direction specifying any school they shall, before doing so, serve a notice in writing of their decision on—
(a)the governing body and head teacher of the school, and
(b)the maintaining authority, if different,
and shall not give the direction until the period for referring the matter to the Secretary of State has expired and, if it is so referred, the Secretary of State has made his determination.
(3)Any body or authority on which a notice is served under subsection (2) above may, within the period of fifteen days beginning with the day on which the notice was served, refer the matter to the Secretary of State and, if they do so, shall inform the appropriate authority.
(4)On a reference under subsection (3) above the Secretary of State may determine which school is to be required to admit the child and, if he does so, that school shall be specified in the direction.
(5)Where the appropriate authority give such a direction specifying a school, they shall give notice in writing of that fact to—
(a)the governing body and head teacher of the school, and
(b)the maintaining authority, if different.
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