Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 10: Publication of proposals with consent of Secretary of State
60.Subsection (1) provides that local education authorities in England may, with the consent of the Secretary of State, publish proposals for a new community, foundation, community special or foundation special school otherwise than under section 7. The subsection does not cover maintained nursery schools or 16-19 foundation or foundation special schools. Proposals for these may be published under section 11 without any need for the Secretary of State’s consent.
61.Subsection (2) provides that other persons (proposers) may, with the consent of the Secretary of State, publish proposals for a foundation school, a voluntary school or a foundation special school otherwise than under section 7. The subsection does not cover 16-19 schools, schools to replace independent schools or new foundation special schools to replace non-maintained special schools. Proposals for these may be published under section 11 without any need for the Secretary of State’s consent.
62.Subsection (3) provides that regulations may prescribe the information the proposals must contain and how they must be published.
63.Subsection (4) provides that before publishing proposals the local education authority or proposers must consult such persons as appear to them to be appropriate, having regard to any guidance given by the Secretary of State.
64.Subsection (5) provides for proposals from proposers to be submitted to the local education authority who it is proposed should maintain the school, in accordance with regulations.
65.Subsection (6) provides for Schedule 2 to have effect in relation to the consideration, approval and implementation of proposals under this section.