SCHEDULES

SCHEDULE 16Powers to facilitate innovation

Part 1Amendments of Chapter 1 of Part 1 of EA 2002

3

1

Section 4 of EA 2002 (applications for orders under section 2) is amended as follows.

2

In subsection (1) after “section 2” insert “ (“an application for an order”) ”.

3

After subsection (1) insert—

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.

4

In subsection (2)—

a

for “such an application” substitute “ an application for an order ”,

b

after paragraph (a) insert—

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 local education authority who maintain the school,

c

for paragraph (b) substitute—

b

in the case of the governing body of a maintained school, consult—

i

the local education authority who maintain the school, and

ii

where the school is a foundation school with a qualifying foundation, that foundation, and