This is the key passage of the RISC letter dated 6th Feb 2012 to Gillian Norton (Council Chief Executive) and Nick Whitfield (Director of Education and Children?s Services):
? . . The Education Act 2011 inserted a new section 6A into the Education and Inspections Act 2006, which provides that, ?if a local authority think a new school needs to be established in their area, they must seek proposals for the establishment of an Academy?; it was brought into force by The Education Act (Commencement No.2 and Transitional and Savings Provisions) Order 2012 which was made on 12 January 2012.
Article 3 of the Order brings into force section 6A on 1 February 2012.
Article 4 contains transitional provisions. Paragraph (b) provides that, despite the coming into force of section 6A, that section shall not have effect in relation to a case where ?proposals have been published ... by any persons under section 10(1) or (2) of the EIA 2006 (publication of proposals with consent of the Secretary of State) before 1st February 2012?. .
The Diocese did not publish Statutory Proposals before 1 February 2012. Therefore the transitional provision does not apply . .
We therefore request your confirmation that -
- The current process will end immediately.
- The Council will ensure that any subsequent actions and processes are fully in line with the section 6A and all other relevant legislation and the general law relating to consultation by local authorities.?
The Council consultation continues - for the present at any rate. It is planned to finish on March 16.