Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 16: Consultation in relation to proposals under section 15
82.In relation to England this section replaces provisions of the 1998 Act which were inserted by the 2005 Act. It provides for consultation where the local education authority or the governing body propose to close a rural primary school or special school.
83.Subsection (1) requires the body proposing to close a rural primary school or special school, under section 15, to consult the following before publishing the proposals: registered parents of registered pupils at the school; in the case of a rural primary school, the local education authority and the district council or parish council for the area; in the case of a community or foundation special school, any local education authority that maintains a statement of special educational needs for any registered pupil at the school; and any other persons the body deem appropriate.
84.Subsection (2) requires the body proposing to close any other maintained school to consult persons they deem appropriate before publishing proposals.
85.Subsection (3) requires the body to have regard to guidance by the Secretary of State when consulting.