Education and Inspections Act 2006 (c. 40)

(The document as of February, 2008)

-- Back --

Page 1

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24

Education and Inspections Act 2006

2006 CHAPTER 40

Content

Part 1

Education functions of local authorities
1. 1. Duties in relation to high standards and the fulfilment of potential
2. 2. Duties in relation to diversity and choice
3. 3. Duty to consider parental representations
4. 4. Duty to identify children not receiving education
5. 5. School improvement partners
6. 6. Functions in respect of youth work, recreation etc
Part 2

Establishment, discontinuance or alteration of schools
1. Establishment of new schools
  1. 7. Invitation for proposals for establishment of new schools
  2. 8. Proposals under section 7 relating to community or community special schools
  3. 9. Consultation and publicity in relation to notice and proposals under section 7
  4. 10. Publication of proposals with consent of Secretary of State
  5. 11. Publication of proposals to establish maintained schools: special cases
  6. 12. Establishment of school as federated school
  7. 13. Schools established outside area of relevant LEA
  8. 14. LEA in England not to establish school in Wales
2. Discontinuance of schools
  1. 15. Proposals for discontinuance of schools maintained by local education authority
  2. 16. Consultation in relation to proposals under section 15
  3. 17. Direction requiring discontinuance of community or foundation special school
3. Alterations to schools
  1. 18. Alterations that may be made under section 19
  2. 19. Publication of proposals for alteration of school
  3. 20. Restriction on power of governing body to publish foundation proposals
  4. 21. Proposals under section 19: procedure
  5. 22. Right of governing body to determine own foundation proposals
  6. 23. Rights of interested bodies in relation to proposals under section 21
  7. 24. Proposals under section 19: implementation
4. Removal of foundation or reduction in foundation governors
  1. 25. Proposals for removal of foundation or reduction in foundation governors
  2. 26. Proposals under section 25: procedure
  3. 27. Proposals under section 25: implementation
5. General
  1. 28. Restriction on establishment, alteration or discontinuance of schools
  2. 29. Abolition of school organisation committees
  3. 30. Amendments relating to school organisation
  4. 31. Transi
Part 3

Further provisions about maintained schools
1. Foundation, voluntary and foundation special schools
  1. 33. Requirements as to foundations
  2. 34. Parent councils for certain foundation or foundation special schools
  3. 35. Funding of voluntary aided schools: meaning of "capital expenditure"
  4. 36. Disposals and changes of use of land
  5. 37. Staff at foundation or voluntary schools with religious character
2. General duties of governing body
  1. 38. General duties of governing body of maintained school
3. School admissions
  1. 39. General restriction on selection by ability
  2. 40. Code for school admissions
  3. 41. Role of admission forums
  4. 42. Support for parental preferences
  5. 43. Duty of governing body to implement decisions relating to admissions
  6. 44. Prohibition on interviews
  7. 45. Admission arrangements for schools with religious character: consultation and objections
  8. 46. Restrictions on alteration of admission arrangements
  9. 47. Objections to admission arrangements
  10. 48. Looked after children to whom section 87(2) of SSFA 1998 applies
  11. 49. Procedure for giving directions under section 96 of SSFA 1998
  12. 50. Direction to admit looked after child to specified school
  13. 51. Directions to admit child to specified school: supplementary provisions
  14. 52. Power of Assembly to make regulations about looked after children
  15. 53. Schools with pre-1998 arrangements for selection by ability or aptitude
  16. 54. Pupil banding
4. Miscellaneous
  1. 55. Right of sixth-form pupils to be excused from attendance at religious worship
  2. 56. Charges for music tuition
  3. 57. School funding
  4. 58. Removal of requirement to issue code of practice as to relationships between LEAs and maintained schools in England etc
Part 4

Schools causing concern: England
1. Introduction
  1. 59. Meaning of "maintained school" and "eligible for intervention"
2. Schools that are eligible for intervention
  1. 60. Warning notice by local education authority
  2. 61. School requiring significant improvement
  3. 62. School requiring special measures
3. Intervention by local education authority
  1. 63. Power of LEA to require governing body to enter into arrangements
  2. 64. Power of LEA etc. to appoint additional governors
  3. 65. Power of LEA to provide for governing body to consist of interim executive members
  4. 66. Power of LEA to suspend right to delegated budget
4. Intervention by Secretary of State
  1. 67. Power of Secretary of State to appoint additional governors
  2. 68. Power of Secretary of State to direct closure of school
  3. 69. Power of Secretary of State to provide for governing body to consist of interim executive members
5. Governing bodies consisting of interim executive members: further provisions
  1. 70. Governing bodies consisting of interim executive members
6. Amendments relating to schools causing concern
  1. 71. Amendments relating to schools causing concern
7. Supplementary
  1. 72. Duty of LEA to have regard to guidance
  2. 73. Interpretation of Part 4
Part 5

Curriculum and entitlements
1. 74. Curriculum requirements for the fourth key stage
2. 75. Education and training to satisfy entitlements
Part 6

School travel and school food
1. Travel to schools etc
  1. 76. LEAs in England: duty to promote sustainable modes of travel etc
  2. 77. LEAs in England: provision of travel arrangements etc for children
  3. 78. LEAs in England: school travel schemes
  4. 79. Piloting of school travel scheme provisions
  5. 80. Power to repeal school travel scheme provisions etc
  6. 81. LEAs in England: provision of transport etc for certain adult learners
  7. 82. Amendments of section 444 of EA 1996 in relation to school travel
  8. 83. Learning and Skills Council for England: transport etc for persons of sixth form age
  9. 84. LEAs in England: duty to have regard to religion or belief in exercise of travel functions
  10. 85. Further amendments relating to travel to schools etc
2. Food and drink provided on school premises etc
  1. 86. Provision of food and drink on school premises etc
  2. 87. Power to charge for provision of meals etc
Part 7

Discipline, behaviour and exclusion
1. Chapter 1
  
  School Discipline
  1. Certain schools required to have behaviour policy
    1. 88. Responsibility of governing body for discipline
    2. 89. Determination by head teacher of behaviour policy
  2. Enforcement of discipline (including compliance with instructions)
    1. 90. Meaning of "disciplinary penalty"
    2. 91. Enforcement of disciplinary penalties: general
    3. 92. Enforcement of disciplinary penalties: detention outside school sessions
  3. Use of reasonable force
    1. 93. Power of members of staff to use force
  4. Confiscation from pupils
    1. 94. Defence where confiscation lawful
  5. Interpretation of Chapter 1
    1. 95. Interpretation of Chapter 1
  6. Repeals
    1. 96. Repeals consequential on provisions of Chapter 1
2. Chapter 2
  
  Parental responsibilities and excluded pupils
  1. Parenting contracts and parenting orders
    1. 97. Parenting contracts
    2. 98. Parenting orders in case of exclusion or misbehaviour
    3. 99. Parenting contracts and parenting orders: further provisions
  2. Excluded pupils
    1. 100. Duty of governing body or proprietor where pupil excluded for fixed period
    2. 101. Duty of local education authority in relation to excluded pupils
    3. 102. Reintegration interviews
    4. 103. Duty of parent in relation to excluded pupil
    5. 104. Notice to parent relating to excluded pupil
    6. 105. Penalty notice in respect of presence of excluded pupil in public place
    7. 106. Penalty notices: supplemental
    8. 107. Penalty notices: amendments of Police Reform Act 2002
    9. 108. Removal of excluded pupils to designated premises
  3. School attendance
    1. 109. Failure to secure school attendance
    2. 110. Sums received under section 444A of EA 1996
  4. Interpretation of Chapter 2
    1. 111. Meaning of "maintained school" and "relevant school" in Chapter 2
Part 8

Inspections
1. Chapter 1
  
  The Office and the Chief Inspector
  1. The Office
    1. 112. The Office for Standards in Education, Children's Services and Skills
  2. The Chief Inspector and other inspectors
    1. 113. Her Majesty's Chief Inspector of Education, Children's Services and Skills
    2. 114. Her Majesty's Inspectors of Education, Children's Services and Skills
    3. 115. Further provision about Chief Inspector and other inspectors etc.
  3. Functions: the Office
    1. 116. Functions of the Office
    2. 117. Performance of Office's functions
  4. Functions: the Chief Inspector
    1. 118. Functions of the Chief Inspector
    2. 119. Performance of Chief Inspector's functions
  5. The Children's Rights Director
    1. 120. Children's Rights Director
  6. Annual reports etc.
    1. 121. Annual and other reports to Secretary of State
2. Chapter 2
  
  General transfer of functions
  1. 122. General transfer of functions to the Chief Inspector
3. Chapter 3
  
  Inspection of Further Education and Training etc.
  1. Education and training to which this Chapter applies
    1. 123. Education and training to which this Chapter applies
  2. Inspection
    1. 124. Inspection of education and training to which this Chapter applies
    2. 125. Inspection of further education institutions
    3. 126. Other inspections
    4. 127. Action plans
    5. 128. Area inspections
    6. 129. Reports of area inspections
    7. 130. Action plans following area inspections
  3. Powers of entry etc.
    1. 131. Power of entry
    2. 132. Power to inspect documents, etc.
  4. Other provisions
    1. 133. Framework for inspections
    2. 134. Abolition of Adult Learning Inspectorate
4. Chapter 4
  
  Inspection and review of Local Authorities in England
  1. Functions to which this Chapter applies
    1. 135. Functions to which this Chapter applies and related activities
  2. Inspections and annual reviews
    1. 136. Inspection of local authorities in England
    2. 137. Reports of inspections under section 136
    3. 138. Annual reviews of local authorities in England
  3. Powers of entry etc.
    1. 139. Power of entry
    2. 140. Power to inspect documents, etc.
  4. Supplementary
    1. 141. Power to require information etc.
    2. 142. Interpretation etc.
5. Chapter 5
  
  Inspection of CAFCASS functions
  1. 143. Inspection of CAFCASS functions
  2. 144. Power of entry
  3. 145. Power to inspect documents, etc.
6. Chapter 6
  
  Further provisions relating to functions of Chief Inspector
  1. Functions
    1. 146. Inspection of secure training centres
    2. 147. Inspection of premises in connection with adoption and fostering functions
    3. 148. Transfer of certain CSCI functions to the Chief Inspector
    4. 149. Interaction with other authorities
  2. General provisions
    1. 150. Evidence of authority
    2. 151. Publication of inspection reports
    3. 152. Combined reports
    4. 153. Use of information
7. Chapter 7
  
  Miscellaneous and supplementary
  1. Miscellaneous
    1. 154. Duty to report on contribution of certain schools to community cohesion
    2. 155. Payment of annual fee to the Chief Inspector by local authorities
    3. 156. Removal of HMICA's duty to inspect performance of Assembly's functions relating to family proceedings
  2. Supplementary
    1. 157. Minor and consequential amendments
    2. 158. Transitional provisions and savings
    3. 159. Interpretation of Part 8
Part 9

Miscellaneous
1. Investigation of complaints by Chief Inspector
  1. 160. Power of Chief Inspector to investigate complaints by parents about schools
2. Powers to facilitate innovation
  1. 161. Powers to facilitate innovation
3. References to "local education authority" or "children's services authority"
  1. 162. Power to repeal references to "local education authority" and "children's services authority" etc
4. Provision of advice by adjudicator
  1. 163. Provision of advice by adjudicator
5. Information about children receiving publicly-funded education
  1. 164. Information about children receiving funded education outside school
6. Further education
  1. 165. Power of members of staff of further education institutions to use force
  2. 166. Collaboration arrangements: maintained schools and further education bodies
7. Early years provision
  1. 167. Consultation with young pupils
  2. 168. Maintained nursery schools: amendment of sections 496 and 497 of EA 1996
8. Independent schools
  1. 169. Prohibition on participation in management of independent school
  2. 170. Prohibition on participation in management: supplementary
  3. 171. Prohibition on participation in management: transitional provision
  4. 172. Offences relating to independent schools
9. Special educational needs
  1. 173. Special educational needs co-ordinators
  2. 174. Time limits relating to statements of special educational needs
10. Other miscellaneous provisions
  1. 175. Miscellaneous amendments relating to Wales
  2. 176. Support schemes relating to education and training for persons aged 10 to 15
  3. 177. University bodies: amendment of section 29 of Leasehold Reform Act 1967
Part 10

General
1. 178. Framework power relating to Wales
2. 179. Restrictions on framework power conferred by section 178
3. 180. Functions to be exercisable by National Assembly for Wales
4. 181. Orders and regulations: general provisions
5. 182. Parliamentary control of orders and regulations
6. 183. Power to make consequential and transitional provision etc
7. 184. Repeals
8. 185. Financial provisions
9. 186. Abbreviations of Acts
10. 187. General interpretation
11. 188. Commencement
12. 189. The appropriate authority by whom commencement order is made
13. 190. Extent
14. 191. Short title
1. Schedule 1
  
  Amendments related to section 6
2. Schedule 2
  
  Proposals for establishment or discontinuance of schools in England
  1. Part 1
    
    Introductory
  2. Part 2
    
    Consideration of proposals by local education authority or adjudicator
  3. Part 3
    
    Implementation of proposals
  4. Part 4
    
    Provision of premises and other assistance in connection with establishment of new school
3. Schedule 3
  
  Amendments relating to school organisation
4. Schedule 4
  
  Disposals and changes of use of land
  1. Part 1
    
    Amendments to Schedule 22 to SSFA 1998
  2. Part 2
    
    Amendments to section 77 of SSFA 1998
  3. Part 3
    
    Consequential amendments
5. Schedule 5
  
  Funding of maintained schools
6. Schedule 6
  
  Governing bodies consisting of interim executive members
7. Schedule 7
  
  Amendments relating to schools causing concern
  1. Part 1
    
    Principal amendments
  2. Part 2
    
    Minor and consequential amendments
8. Schedule 8
  
  Travel to schools etc: meaning of "eligible child"
9. Schedule 9
  
  School travel schemes
10. Schedule 10
  
  Further amendments relating to travel to schools etc
11. Schedule 11
  
  The Office for Standards in Education, Children's Services and Skills
12. Schedule 12
  
  The Chief Inspector and other inspectors etc.
  1. Part 1
    
    The Chief Inspector
  2. Part 2
    
    Inspectors etc. acting on behalf of Chief Inspector
13. Schedule 13
  
  Interaction with other authorities
14. Schedule 14
  
  Minor and consequential amendments relating to Part 8
15. Schedule 15
  
  Transitional provisions and savings relating to Part 8
16. Schedule 16
  
  Powers to facilitate innovation
  1. Part 1
    
    Amendments of Chapter 1 of Part 1 of EA 2002
  2. Part 2
    
    Consequential amendment
17. Schedule 17
  
  Miscellaneous amendments relating to Wales
18. Schedule 18
  
  Repeals
  1. Part 1
    
    Repeals coming into force on Royal Assent
  2. Part 2
    
    Repeals coming into force in accordance with section 188(2)
  3. Part 3
    
    School organisation
  4. Part 4
    
    Schools causing concern
  5. Part 5
    
    Inspections
  6. Part 6
    
    Other repeals

An Act to make provision about primary, secondary and further education and about training; to make provision about food or drink provided on school premises or in connection with the provision of education or childcare; to provide for the establishment of an Office for Standards in Education, Children's Services and Skills and the appointment of Her Majesty's Chief Inspector of Education, Children's Services and Skills and make provision about the functions of that Office and that Chief Inspector; to provide for the amendment of references to local education authorities and children's services authorities; to amend section 29 of the Leasehold Reform Act 1967 in relation to university bodies; and for connected purposes.

[8th November 2006]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

Part 1 Education functions of local authorities

1 Duties in relation to high standards and the fulfilment of potential

For section 13A of EA 1996 substitute--

" 13A Duty to promote high standards and the fulfilment of potential

(1) A local education authority shall ensure that their functions relating to the provision of education to which this section applies are (so far as they are capable of being so exercised) exercised by the authority with a view to--

(a) promoting high standards,

(b) in the case of a local education authority in England, ensuring fair access to educational opportunity, and

(2) This section applies to education for--

(a) children of compulsory school age (whether at school or otherwise); and

(b) children under or over that age who are registered as pupils at schools maintained by the authority,

and in subsection (1) "functions" means functions of whatever nature.

(3) In this section "child" means a person under the age of 20. "

2 Duties in relation to diversity and choice

In section 14 of EA 1996 (functions of local education authorities in relation to the provision of primary and secondary education) after subsection (3) insert--

" (3A) A local education authority in England shall exercise their functions under this section with a view to--

(a) securing diversity in the provision of schools, and

(b) increasing opportunities for parental choice. "

3 Duty to consider parental representations

After section 14 of EA 1996 insert--

" 14A Duty of local education authority to consider parental representations

(1) Where a local education authority in England receive any representation from a parent of a qualifying child as to the exercise by the authority of their functions under section 14, the authority shall--

(a) consider the representation and what action (if any) to take in response to it, and

(b) within a reasonable time provide the parent with a statement setting out--

(i) any action which the authority propose to take in response to the representation, or

(ii) where the authority are of the opinion that no such action is necessary, their reasons for being of that opinion.

(2) In subsection (1) "qualifying child", in relation to a local education authority, means any child in the authority's area who is of or under compulsory school age.

(3) Subsection (1) does not apply in relation to any representation which--

(a) appears to the local education authority to be frivolous or vexatious, or

(b) is the same as, or similar to, a representation previously received by the authority from the same person.

(4) In exercising their functions under this section, a local education authority must have regard to any guidance given from time to time by the Secretary of State. "

4 Duty to identify children not receiving education

(1) In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading preceding section 437 insert--

" Children not receiving suitable education

436A Duty to make arrangements to identify children not receiving education

(1) A local education authority must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but--

(a) are not registered pupils at a school, and

(b) are not receiving suitable education otherwise than at a school.

(2) In exercising their functions under this section a local education authority must have regard to any guidance given from time to time by the Secretary of State.

(3) In this Chapter, "suitable education", in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have. "

(2) In section 437 of EA 1996, in subsection (8) omit the definition of "suitable education".

(3) In section 580 of EA 1996 (index) for the entry in the second column which relates to the expression "suitable education (in Chapter 2 of Part 6)" substitute "section 436A(3)".

5 School improvement partners

(1) A local education authority in England must appoint, in relation to each maintained school which they maintain, a person (to be known as a school improvement partner) to provide advice to the governing body and head teacher of the school with a view to improving standards at the school.

(2) A person may not be appointed as, or remain, a school improvement partner unless he is for the time being accredited for the purposes of this section--

(a) by the Secretary of State, or

(b) by a person authorised by the Secretary of State to accredit persons for those purposes.

(3) Regulations may prescribe other requirements to be met by local education authorities in connection with the appointment of school improvement partners.

(4) Regulations may confer functions in relation to school improvement partners on local education authorities or on the governing bodies of maintained schools.

(5) Regulations may provide that in prescribed circumstances a person employed or engaged by a local education authority before the commencement of this section is to be taken to have been appointed by them as a school improvement partner.

(6) In this section--

"maintain", in relation to a maintained school, has the same meaning as in SSFA 1998;
"maintained school" means--
(a)
a community, foundation or voluntary school, or
(b)
a community or foundation special school;
"prescribed" means prescribed by regulations;
"regulations" means regulations made by the Secretary of State.

6 Functions in respect of youth work, recreation etc

(1) Before section 508 of EA 1996 (functions of LEA in respect of facilities for recreation and social and physical training), and immediately after the cross-heading which precedes that section, insert--

" 507A LEAs in England: functions in respect of recreational and training facilities for children under 13

(1) A local education authority in England must secure that the facilities for primary and secondary education provided for their area include adequate facilities for recreation and social and physical training for children who have not attained the age of 13.

(2) For the purposes of subsection (1) a local education authority may--

(a) establish, maintain and manage, or assist the establishment, maintenance and management of--

(i) camps, holiday classes, playing fields, play centres, and

(ii) other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,

at which facilities for recreation and social and physical training are available for persons receiving primary or secondary education;

(b) organise games, expeditions and other activities for such persons; and

(3) When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a local education authority must, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

507B LEAs in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24

(1) A local education authority in England must, so far as reasonably practicable, secure for qualifying young persons in the authority's area access to--

(a) sufficient educational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities; and

(b) sufficient recreational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities.

(2) "Qualifying young persons", for the purposes of this section, are--

(a) persons who have attained the age of 13 but not the age of 20; and

(b) persons who have attained the age of 20 but not the age of 25 and have a learning difficulty (within the meaning of section 13(5)(a) and (6) of the Learning and Skills Act 2000).

(3) For the purposes of subsection (1)(a)--

(a) "sufficient educational leisure-time activities" which are for the improvement of the well-being of qualifying young persons in the authority's area must include sufficient educational leisure-time activities which are for the improvement of their personal and social development, and

(b) "sufficient facilities for such activities" must include sufficient facilities for educational leisure-time activities which are for the improvement of the personal and social development of qualifying young persons in the authority's area.

(4) References in the remaining provisions of this section to "positive leisure-time activities" are references to any activities falling within paragraph (a) or (b) of subsection (1).

(5) For the purposes of subsection (1) a local education authority may--

(a) provide facilities for positive leisure-time activities;

(b) assist others in the provision of such facilities;

(d) organise positive leisure-time activities;

(e) assist others in the organisation of such activities;

(f) make arrangements for facilitating access for qualifying young persons to such activities;

(g) enter into agreements or make arrangements with any person in connection with anything done or proposed to be done under any of paragraphs (a) to (f);

(h) take any other action which the authority think appropriate.

(6) For the purposes of subsection (5)--

(a) the provision mentioned in paragraph (a) may include establishing, maintaining and managing places at which facilities for positive leisure-time activities are provided;

(b) the assistance mentioned in paragraphs (b) and (e) may include the provision of financial assistance;

(c) the arrangements mentioned in paragraphs (c) and (f) may include the provision of transport, of financial assistance or of information to any person.

(7) Before taking any action for the purposes of subsection (1) ("the proposed action"), a local education authority must--

(a) consider whether it is expedient for the proposed action to be taken by another person, and

(b) where the authority consider that it is so expedient, take all reasonable steps to enter into an agreement or make arrangements with such a person for that purpose.

(8) For the purposes of subsection (7)(a) a local education authority must consult such persons as the authority think appropriate as to whether it is expedient for the proposed action to be taken by another person.

(9) In exercising their functions under this section a local education authority must--

(a) take steps to ascertain the views of qualifying young persons in the authority's area about--

(i) positive leisure-time activities, and facilities for such activities, in the authority's area;

(ii) the need for any additional such activities and facilities; and

(iii) access to such activities and facilities; and

(b) secure that the views of qualifying young persons in the authority's area are taken into account.

(10) A local education authority in England must--

(a) publicise information about positive leisure-time activities, and facilities for such activities, in the authority's area, and

(b) keep the information publicised under paragraph (a) up to date.

(11) A local education authority may charge in respect of anything provided by the authority under this section where the provision is to a qualifying young person (whether or not in the authority's area).

(12) In exercising their functions under this section a local education authority must have regard to any guidance given from time to time by the Secretary of State.

(13) In this section--

"recreation" includes physical training (and "recreational" is to be construed accordingly);
"sufficient", in relation to activities or facilities, means sufficient having regard to quantity;
"well-being", in relation to a person, means his well-being so far as relating to--
(a)
physical and mental health and emotional well-being;
(b)
protection from harm and neglect;
(c)
education, training and recreation;
(d)
the contribution made by him to society;
(e)
social and economic well-being. "

(2) Schedule 1 contains amendments related to the provision made by subsection (1).

Part 2 Establishment, discontinuance or alteration of schools

Establishment of new schools

7 Invitation for proposals for establishment of new schools

(1) A local education authority in England may publish a notice under this section inviting proposals from persons other than local education authorities for the establishment of any new school falling within subsection (2).

(2) The schools falling within this subsection are--

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

(b) an Academy.

(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,

(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 local education authority before the date specified in the notice.

(5) After the date specified in a notice published by a local education authority under this section, the authority--

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

(b) may publish under this section--

(i) proposals of their own for the establishment of a foundation school or a foundation special school, or

(ii) if section 8 permits them to do so, proposals of their own for the establishment of a community or community special school.

(6) Regulations may prescribe--

(a) the time within which proposals under this section must be published,

(b) the manner in which they must be published, and

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

8 Proposals under section 7 relating to community or community special schools

(1) A local education authority may by virtue of subsection (5)(b)(ii) of section 7 publish proposals under that section for the establishment of a community or community special school--

(a) only if at a prescribed time prescribed conditions are met in relation to the authority, and

(b) except where further prescribed conditions are also met in relation to the authority at that time, only with the consent of the Secretary of State.

(2) The conditions prescribed for the purposes of subsection (1)(a) or (b) must include conditions relating to the standards achieved by the authority in performing the functions to which Chapter 4 of Part 8 (inspection and review of local authorities in England) applies.

(3) The other conditions that may be prescribed for those purposes are conditions relating to either or both of the following--

(a) the standards of performance achieved by any relevant school, and

(b) the extent of diversity among relevant schools.

(4) The matters to which the Secretary of State is to have regard in determining whether to give consent under subsection (1)(b) include prescribed matters.