(1)An application for the purposes of section 2 [F1(“an application for an order”) ] must be in such form, and contain such information, as may be required by the Secretary of State or, as the case may be, the National Assembly for Wales.
[F2(1A)No application for an order may be made by the head teacher of a maintained school without the consent of the governing body of the school.]
(2)Before making [F3an application for an order] , the qualifying body shall—
(a)in the case of an Education Action Forum, consult each [F4local authority] by whom any participating school, as defined by section 10(6)(b) of the School Standards and Framework Act 1998 (c. 31), is maintained,
[F5(aa)in the case of a qualifying foundation, consult the governing body of each foundation or foundation special school to which the application relates and the [F4local authority] who maintain the school,]
[F6(b)in the case of the governing body of a maintained school, consult—
(i)the [F4local authority] who maintain the school, and
(ii)where the school is a foundation school with a qualifying foundation, that foundation, and]
(c)in any case, consult such persons (or other persons) as appear to the qualifying body to be appropriate, having regard to any guidance given from time to time by the Secretary of State or, as the case may be, the National Assembly for Wales.
(3)The Secretary or State or the National Assembly for Wales may with the consent of the applicant include in an order under section 2 provisions different from those requested in the application.
Textual Amendments
F1Words in s. 4(1) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 3(2)
F2S. 4(1A) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 3(3)
F3Words in s. 4(2) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 3(4)(a)
F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)
F5S. 4(2)(aa) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 3(4)(b)
F6S. 4(2)(b) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 3(4)(c)
Commencement Information
I1S. 4 partly in force; s. 4 not in force at Royal Assent, see s. 216; s. 4 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)
I2S. 4 in force at 27.2.2015 for W. by S.I. 2015/381, art. 2