Learning and Skills Act 2000

Section 113.

F1 SCHEDULE 7 E+W [F1 Sixth forms requiring significant improvement]

Textual Amendments

F1 Sch. 7 heading substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F1 Part I E+W Power to publish proposals

Modifications etc. (not altering text)

C1 Sch. 7 Pt. 1: functions transferred (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3 para. (p)

Secondary schools E+W

1 (1) Paragraphs 2 to 7 apply to a maintained school (within the meaning given by section 20(7) of the M1 School Standards and Framework Act 1998) which— E+W

(a) provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b) provides full-time education suitable to the requirements of pupils of compulsory school age.

[F2 (2) For the purposes of those paragraphs a school requires significant improvement in relation to its sixth form if—

(a) the school is failing to give its pupils over compulsory school age an acceptable standard of education, or

(b) in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform. ]

Textual Amendments

F2 Sch. 7 para. 1(2) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(3); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I1 Sch. 7 para. 1 wholly in force at 1.4.2002; Sch. 7 para. 1 not in force at Royal Assent see s. 154; Sch. 7 para. 1 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 1 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. 2 Pt. II; Sch. 7 para. 1 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

M1 1998 c. 31.

[F3 2 E+W If a person who inspects a school—

(a) states in his report an opinion, in accordance with section 13(4), 34(7) or 35 (2) or (5) of the Education Act 2005 (school no longer requiring special measures), that special measures are not required to be taken in relation to the school, but

(b) is of the opinion that the school requires significant improvement in relation to its sixth form,

he shall state that opinion in his report. ]

Textual Amendments

F3 Sch. 7 para. 2 substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(4); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

3 (1) This paragraph applies if in the course of an area inspection under section 65 or 83 the Chief Inspector forms the opinion that a particular school [F4 requires significant improvement in relation to its sixth form ]. E+W

(2) The Chief Inspector shall make a report about the school stating his opinion.

[F5 (3) The report shall be treated for all purposes of this Schedule and Part 1 of the Education Act 2005 (inspections) as if it were a report of an inspection of a school under section 5 or 28 of that Act. ]

Textual Amendments

F4 Words in Sch. 7 para. 3(1) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(5)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F5 Sch. 7 para. 3(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(5)(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I2 Sch. 7 para. 3 wholly in force at 1.4.2002; Sch. 7 para. 3 not in force at Royal Assent see s. 154; Sch. 7 para. 3 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 3 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 3 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

4 (1) Parts II and III of this Schedule shall apply in relation to a school if— E+W

(a) an opinion that it [F6 requires significant improvement in relation to its sixth form] is stated in a report in accordance with paragraph 2, and

(b) where [F7 the report relates to a school in Wales and] the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.

(2) Parts II and III of this Schedule shall also apply in relation to a school if—

[F8 (a) a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 states the opinion that the school requires significant improvement in relation to its sixth form,]

(b) the next report of a kind mentioned in paragraph (a) also states that opinion,

(c) [F9 in the case of a school in Wales] each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b), and

(d) neither report states the opinion that special measures are required to be taken in relation to the school.

Textual Amendments

F6 Words in Sch. 7 para. 4(1)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(6)(a)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F7 Words in Sch. 7 para. 4(1)(b) inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(6)(a)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F8 Sch. 7 para. 4(2)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(6)(b)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F9 Words in Sch. 7 para. 4(2)(c) inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(6)(b)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I3 Sch. 7 para. 4 wholly in force at 1.4.2002; Sch. 7 para. 4 not in force at Royal Assent see s. 154; Sch. 7 para 4 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 4 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 4 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

5 (1) Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under [F10 Chapter 1 or 3 of Part 1 of the Education Act 2005 ] or section 65 or 83 of this Act concludes— E+W

(a) that special measures are required to be taken in relation to the school, or

(b) that the school does not [F11 require significant improvement in relation to its sixth form ].

(2) Where [F12 , in the case of a school in Wales,] the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.

(3) Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 16 or 20.

Textual Amendments

F10 Words in Sch. 7 para. 5(1) substituted (1.9.2005 for E., 1.9.2006 for W..) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(7)(a)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F11 Words in Sch. 7 para. 5(1)(b) substituted (1.9.2005 for E.., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(7)(a)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F12 Words in Sch. 7 para. 5(2) inserted (1.9.2005 for E.., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(7)(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I4 Sch. 7 para. 5 wholly in force at 1.4.2002; Sch. 7 para. 5 not in force at Royal Assent see s. 154; Sch. 7 para. 5 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 5 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 5 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

6 [F13 (1) This paragraph applies to a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 which— E+W

(a) states an opinion that a school requires significant improvement in relation to its sixth form, and

(b) in the case of a school in Wales, is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a). ]

(2) The person making a report to which this paragraph applies shall send a copy (together with a copy of the summary, if there is one)—

(a) to the Secretary of State or, in the case of a school in Wales, the National Assembly for Wales, and

[F14 (b) if either—

(i) the school is in England, or

(ii) the school is in Wales and the person making the report is a member of the Inspectorate,

to the appropriate authority for the school. ]

[F15 (3) The following provisions of the Education Act 2005 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies—

(a) in the case of a school in England—

(i) section 14(2) (additional copies),

(ii) section 14(4) (publication by appropriate authority), and

(iii) where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 15(2) and (3) (measures by local education authority), and

(b) in the case of a school in Wales—

(i) section 38(2) (additional copies),

(ii) section 38(4) (publication by appropriate authority),

(iii) section 39 (action plan by appropriate authority), and

(iv) where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local education authority). ]

(4) In the application of those provisions—

(a) a reference to a report and summary shall be taken as a reference to a report and, if there is one, its summary, and

(b) a reference to a summary alone shall be taken, in a case where there is no summary, as a reference to the report.

Textual Amendments

F13 Sch. 7 para. 6(1) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(8)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F14 Sch. 7 para. 6(2)(b) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(8)(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F15 Sch. 7 para. 6(3) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(8)(c); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I5 Sch. 7 para. 6 wholly in force at 1.4.2002; Sch. 7 para. 6 not in force at Royal Assent see s. 154; Sch. 7 para. 6 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 6 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 6 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

[F16 7 (1) Where a person who inspects a school is of the opinion that a school requires significant improvement in relation to its sixth form, the provisions specified in sub-paragraph (2) shall apply, with the necessary modifications, as they apply where he is of the opinion that special measures are required to be taken in relation to the school. E+W

(2) Those provisions are—

(a) in the case of a school in England, section 13(1) to (3) of the Education Act 2005 (duty of Chief Inspector to send draft report to governing body or proprietor, to consider their comments and to state opinion in report),

(b) in the case of a school in Wales, section 34(1) to (6) of that Act (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate).]

Textual Amendments

F16 Sch. 7 para. 7 substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(9); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Institutions for 16-19 year olds E+W

8 E+W Paragraphs 9 to 14 apply to a maintained school (within the meaning given by section 20(7) of the M2 School Standards and Framework Act 1998) which—

(a) provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b) does not provide full-time education suitable to the requirements of pupils of compulsory school age.

Commencement Information

I6 Sch. 7 para. 8 wholly in force at 1.4.2002; Sch. 7 para. 8 not in force at Royal Assent see s. 154; Sch. 7 para. 8 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 8 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 8 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

M2 1998 c. 31.

F1 9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 (1) This paragraph applies if in the course of an area inspection under section 65 or 83 the Chief Inspector forms the opinion that— E+W

(a) special measures are required to be taken in relation to a particular school, or

(b) that a particular school [F17 requires significant improvement].

(2) The Chief Inspector shall make a report about the school stating his opinion.

(3) The report shall be treated for all purposes of this Schedule and [F18 Part 1 of the Education Act 2005 ] as if it were the report of an inspection of a school under [F19 section 5 or 28 ] of that Act.

Textual Amendments

F17 Words in Sch. 7 para. 10(1)(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(11)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F18 Words in Sch. 7 para. 10(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(11)(b)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F19 Words in Sch. 7 para. 10(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(11)(b)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I7 Sch. 7 para. 10 wholly in force at 1.4.2002; Sch. 7 para. 10 not in force at Royal Assent see s. 154; Sch. 7 para. 10 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 10 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 10 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

11 [F20 (1) Parts 2 and 3 of this Schedule shall apply— E+W

(a) in relation to a school in England, if a report of an inspection of the school made under Chapter 1 of Part 1 of the Education Act 2005 states—

(i) in accordance with subsection (4) of section 13, an opinion that special measures are not required to be taken in relation to the school, and

(ii) in accordance with subsection (3)(b) of that section, an opinion that the school requires significant improvement,

(b) in relation to a school in Wales, if—

(i) a report of an inspection of the school made under Chapter 3 of Part 1 of the Education Act 2005 states in accordance with section 34(7) or 35(5) an opinion that special measures are not required to be taken in relation to the school,

(ii) the report also states in accordance with section 34(6) or 35(4) an opinion that the school requires significant improvement, and

(iii) where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.]

(2) Parts II and III of this Schedule shall also apply in relation to a school if—

[F21 (a) a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 states that special measures are required to be taken in relation to the school or that the school requires significant improvement, ]

(b) the next report of a kind mentioned in paragraph (a) also states an opinion of a kind mentioned in that paragraph, and

(c) [F22 in the case of a school in Wales] each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b).

Textual Amendments

F20 Sch. 7 para. 11(1) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(12)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F21 Sch. 7 para. 11(2)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(12)(b)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F22 Words in Sch. 7 para. 11(2)(c) inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(12)(b)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I8 Sch. 7 para. 11 wholly in force at 1.4.2002; Sch. 7 para. 11 not in force at Royal Assent see s. 154; Sch. 7 para. 11 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 11 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 11 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

12 (1) Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under [F23 Chapter 1 or 3 of Part 1 of the Education Act 2005] or section 65 or 83 of this Act states— E+W

(a) that special measures are not required to be taken in relation to the school, or

(b) that the school does not [F24 require significant improvement].

(2) Where [F25 , in the case of a school in Wales,] the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.

(3) Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 24 or 28.

Textual Amendments

F23 Words in Sch. 7 para. 12(1) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(13)(a)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F24 Words in Sch. 7 para. 12(1)(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(13)(a)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F25 Words in Sch. 7 para. 12(2) inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(13)(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I9 Sch. 7 para. 12 wholly in force at 1.4.2002; Sch. 7 para. 12 not in force at Royal Assent see s. 154; Sch. 7 para. 12 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2, Sch. Pt. I; Sch. 7 para. 12 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 12 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

13 [F26 (1) This paragraph applies to a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 which— E+W

(a) states an opinion that a school requires significant improvement, and

(b) in the case of a school in Wales, is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a). ]

(2) The person making a report to which this paragraph applies shall send a copy (together with a copy of the summary, if there is one)—

(a) to the Secretary of State or, in the case of a school in Wales, the National Assembly for Wales, and

[F27 (b) if either—

(i) the school is in England, or

(ii) the school is in Wales and the person making the report is a member of the Inspectorate,

to the appropriate authority for the school.]

[F28 (3) The following provisions of the Education Act 2005 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies—

(a) in the case of a school in England—

(i) section 14(2) (additional copies),

(ii) section 14(4) (publication by appropriate authority), and

(iii) where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 15(2) and (3) (measures by local education authority), and

(b) in the case of a school in Wales—

(i) section 38(2) (additional copies),

(ii) section 38(4) (publication by appropriate authority),

(iii) section 39 (action plan by appropriate authority), and

(iv) where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local education authority).]

(4) In the application of those provisions—

(a) a reference to a report and summary shall be taken as a reference to a report and, if there is one, its summary, and

(b) a reference to a summary alone shall be taken, in a case where there is no summary, as a reference to the report.

Textual Amendments

F26 Sch. 7 para. 13(1) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(14)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F27 Sch. 7 para. 13(2)(b) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(14)(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F28 Sch. 7 para. 13(3) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(14)(c); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I10 Sch. 7 para. 13 wholly in force at 1.4.2002; Sch. 7 para. 13 not in force at Royal Assent see s. 154; Sch. 7 para. 13 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 13 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 13 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I; S.I. 2006/1338, art. 3, Sch. 1

F29 14 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Sch. 7 para. 14 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(15), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Part II E+W Publication of proposals

Closure of sixth form: England E+W

15 E+W Paragraphs 16 and 17 apply to a school which is maintained by a local education authority in England and which—

(a) provides full-time education suitable to the requirements of pupils who are over compulsory school age, and

(b) provides full-time education suitable to the requirements of pupils of compulsory school age.

Commencement Information

I11 Sch. 7 para. 15 wholly in force at 1.4.2002; Sch. 7 para. 15 not in force at Royal Assent see s. 154; Sch. 7 para. 15 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 15 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 15 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

16 (1) The Learning and Skills Council for England may publish proposals for an alteration of the school as a result of which it will no longer provide education suitable to the requirements of pupils who are over compulsory school age. E+W

(2) The proposals shall contain such information and be published in such manner as may be prescribed.

(3) Before publishing proposals the Council shall, having regard to any guidance issued by the Secretary of State, consult such persons as they consider appropriate.

Commencement Information

I12 Sch. 7 para. 16 wholly in force at 1.4.2002; Sch. 7 para. 16 not in force at Royal Assent see s. 154; Sch. 7 para. 16 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2, Sch. Pt. I; Sch. 7 para. 15 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 15 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

17 (1) The Council shall send— E+W

(a) a copy of the published proposals, and

(b) such other information as may be prescribed,

to the school organisation committee for the area of the local education authority who maintain the school.

(2) In the case of a community or foundation special school, the Council shall also send the [F30 copy mentioned in sub-paragraph (1)(a)] to such other persons as may be prescribed.

Textual Amendments

F30 Words in Sch. 7 para. 17(2) substituted (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 126(2) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

Modifications etc. (not altering text)

C2 Sch. 7 para. 17 applied (with modifications) (1.4.2003) by The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 (S.I. 2003/507), regs. 1, 27, Sch. 5 para. 2

Commencement Information

I13 Sch. 7 para. 17 wholly in force at 1.4.2002; Sch. 7 para. 17 not in force at Royal Assent see s. 154; Sch. 7 para. 17 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 17 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 17 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

18 E+W In paragraphs 16 and 17 “prescribed” means prescribed by regulations made by the Secretary of State.

Commencement Information

I14 Sch. 7 para. 18 wholly in force at 1.4.2002; Sch. 7 para. 18 not in force at Royal Assent see s. 154; Sch. 7 para. 18 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 18 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 18 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Closure of sixth form: Wales E+W

19 E+W Paragraphs 20 and 21 apply to a school which is maintained by a local education authority in Wales and which—

(a) provides full-time education suitable to the requirements of pupils who are over compulsory school age, and

(b) provides full-time education suitable to the requirements of pupils of compulsory school age.

Commencement Information

I15 Sch. 7 para. 19 wholly in force at 1.4.2002; Sch. 7 para. 19 not in force at Royal Assent see s. 154; Sch. 7 para. 19 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 19 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 19 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

20 (1) The [F31 National Assembly for Wales] may publish proposals for an alteration of the school as a result of which it will no longer provide education suitable to the requirements of pupils who are over compulsory school age. E+W

(2) The proposals shall contain such information and be published in such manner as may be prescribed.

(3) Before publishing proposals the [F32 National Assembly for Wales] shall F33 ... consult such persons as they consider appropriate.

Textual Amendments

F31 Words in Sch. 7 para. 20(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(2)(a) (with art. 7)

F32 Words in Sch. 7 para. 20(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(2)(b)(i) (with art. 7)

F33 Words in Sch. 7 para. 20(3) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(2)(b)(ii) (with art. 7)

Commencement Information

I16 Sch. 7 para. 20 wholly in force at 1.4.2002; Sch. 7 para. 20 not in force at Royal Assent see s. 154; Sch. 7 para. 20 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 20 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 20 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

21 F34 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

[F35 (2) In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.]

Textual Amendments

F34 Sch. 7 para. 21(1) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(3)(a) (with art. 7)

F35 Sch. 7 para. 21(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(3)(b) (with art. 7)

Commencement Information

I17 Sch. 7 para. 21 wholly in force at 1.4.2002; Sch. 7 para. 21 not in force at Royal Assent see s. 154; Sch. 7 para. 21 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 21 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 21 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

22 E+W In paragraphs 20 and 21 “prescribed” means prescribed by regulations made by the National Assembly for Wales.

Commencement Information

I18 Sch. 7 para. 22 wholly in force at 1.4.2002; Sch. 7 para. 22 not in force at Royal Assent see s. 154; Sch. 7 para. 22 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 22 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 22 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Closure of institution for 16-19 year olds: England E+W

23 E+W Paragraphs 24 and 25 apply to a school which—

(a) is maintained by a local education authority in England,

(b) provides full-time education suitable to the requirements of pupils over compulsory school age, and

(c) does not provide full-time education suitable to the requirements of pupils of compulsory school age.

Commencement Information

I19 Sch. 7 para. 23 wholly in force at 1.4.2002; Sch. 7 para. 23 not in force at Royal Assent see s. 154; Sch. 7 para. 23 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 23 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 23 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

24 (1) The Learning and Skills Council for England may publish proposals to discontinue the school. E+W

(2) The proposals shall contain such information and be published in such manner as may be prescribed.

(3) Before publishing proposals the Council shall, having regard to any guidance issued by the Secretary of State, consult such persons as they consider appropriate.

Commencement Information

I20 Sch. 7 para. 24 wholly in force at 1.4.2002; Sch. 7 para. 24 not in force at Royal Assent see s. 154; Sch. 7 para. 24 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 24 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 24 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

25 (1) The Council shall send— E+W

(a) a copy of the published proposals, and

(b) such other information as may be prescribed,

to the school organisation committee for the area of the local education authority who maintain the school.

(2) In the case of a community or foundation special school, the Council shall also send the [F36 copy mentioned in sub-paragraph (1)(a)] to such other persons as may be prescribed.

Textual Amendments

F36 Words in Sch. 7 para. 25(2) substituted (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 126(2) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

Modifications etc. (not altering text)

C3 Sch. 7 para. 25 applied (with modifications) (1.4.2003) by The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 (S.I. 2003/507), regs. 1, 27, Sch. 5 para. 2

Commencement Information

I21 Sch. 7 para. 25 wholly in force at 1.4.2002; Sch. 7 para. 25 not in force at Royal Assent see s. 154; Sch. 7 para. 25 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 25 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 25 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

26 E+W In paragraphs 24 and 25 “prescribed” means prescribed by regulations made by the Secretary of State.

Commencement Information

I22 Sch. 7 para. 26 wholly in force at 1.4.2002; Sch. 7 para. 26 not in force at Royal Assent see s. 154; Sch. 7 para. 26 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 26 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 26 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Closure of institution for 16-19 year olds: Wales E+W

27 E+W Paragraphs 28 and 29 apply to a school which—

(a) is maintained by a local education authority in Wales,

(b) provides full-time education suitable to the requirements of pupils over compulsory school age, and

(c) does not provide full-time education suitable to the requirements of pupils of compulsory school age.

Commencement Information

I23 Sch. 7 para. 27 wholly in force at 1.4.2002; Sch. 7 para. 27 not in force at Royal Assent see s. 154; Sch. 7 para. 27 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 27 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 27 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

28 (1) The [F37 National Assembly for Wales] may publish proposals to discontinue the school. E+W

(2) The proposals shall contain such information and be published in such manner as may be prescribed.

(3) Before publishing proposals the [F38 National Assembly for Wales] shall F39 ... consult such persons as they consider appropriate.

Textual Amendments

F37 Words in Sch. 7 para. 28(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(4)(a) (with art. 7)

F38 Words in Sch. 7 para. 28(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(4)(b)(i) (with art. 7)

F39 Words in Sch. 7 para. 28(3) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(4)(b)(ii) (with art. 7)

Commencement Information

I24 Sch. 7 para. 28 wholly in force at 1.4.2002; Sch. 7 para. 28 not in force at Royal Assent see s. 154; Sch. 7 para. 28 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 28 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 28 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

29 F40 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

[F41 (2) In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.]

Textual Amendments

F40 Sch. 7 para. 29(1) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(5)(a) (with art. 7)

F41 Sch. 7 para. 29(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(5)(b) (with art. 7)

Commencement Information

I25 Sch. 7 para. 29 wholly in force at 1.4.2002; Sch. 7 para. 29 not in force at Royal Assent see s. 154; Sch. 7 para. 29 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2, Sch. Pt. I; Sch. 7 para. 29 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 29 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

30 E+W In paragraphs 28 and 29 “prescribed” means prescribed by regulations made by the National Assembly for Wales.

Commencement Information

I26 Sch. 7 para. 30 wholly in force at 1.4.2002; Sch. 7 para. 30 not in force at Royal Assent see s. 154; Sch. 7 para. 30 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 30 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 30 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Schools maintained by LEA outside its area E+W

31 (1) This paragraph applies to a school which— E+W

(a) is a community, voluntary or foundation school, and

(b) is situated in an area other than that of the local education authority who maintain it.

(2) This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—

(a) for schools in England, by regulations made by the Secretary of State, and

(b) for schools in Wales, by regulations made by the National Assembly for Wales.

Commencement Information

I27 Sch. 7 para. 31 wholly in force at 1.4.2002; Sch. 7 para. 31 not in force at Royal Assent see s. 154; Sch. 7 para. 31 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 31 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 31 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

F1 Part III E+W Implementation of proposals

England E+W

32 (1) Paragraphs 33 to 38 apply to schools [F42 maintained by a local education authority] in England in respect of which proposals are published under this Schedule. E+W

(2) In those paragraphs—

• “adjudicator” means a person appointed under section 25 of the M3 School Standards and Framework Act 1998 (and that section and Schedule 5 to that Act shall have effect in relation to references to “the adjudicator”),

• “the Council” means the Learning and Skills Council for England,

• “prescribed” means prescribed by or determined in accordance with regulations,

• “regulations” means regulations made by the Secretary of State, and

• “the school organisation committee” means, in relation to a school, the school organisation committee for the area of the local education authority who maintain the school.

(3) Regulations prescribing the period mentioned in paragraph 35(6) or 37(1) may make provision by reference to the opinion of the committee.

Textual Amendments

F42 Words in Sch. 7 para. 32(1) inserted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 126(3) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Commencement Information

I28 Sch. 7 para. 32 wholly in force at 1.4.2002; Sch. 7 para. 32 not in force at Royal Assent see s. 154; Sch. 7 para. 32 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 32 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2 Sch. Pt. II; Sch. 7 para. 32 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

M3 1998 c. 31.

33 E+W Regulations may require any of the following to provide prescribed information to prescribed persons at prescribed times—

(a) the Council,

(b) a school organisation committee, and

(c) an adjudicator.

Commencement Information

I29 Sch. 7 para. 33 wholly in force at 1.4.2002; Sch. 7 para. 33 not in force at Royal Assent see s. 154; Sch. 7 para. 33 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 33 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 33 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

34 E+W Any person may send objections to [F43 , or comments on, ] the proposals to the school organisation committee within such period as may be prescribed.

Textual Amendments

F43 Words in Sch. 7 para. 34 inserted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 12 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Commencement Information

I30 Sch. 7 para. 34 wholly in force at 1.4.2002; Sch. 7 para. 34 not in force at Royal Assent see s. 154; Sch. 7 para. 34 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 34 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 34 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

35 (1) The school organisation committee shall consider the proposals and— E+W

(a) reject them,

(b) approve them without modification, or

(c) approve them subject to modifications [F44 or]

[F44 (d) if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator.]

(2) In considering proposals a school organisation committee shall have regard to—

(a) any guidance issued by the Secretary of State,

F45 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any objections [F46 or comments ] made in accordance with paragraph 34 and not withdrawn.

(3) Before approving proposals subject to modifications a school organisation committee shall consult such persons as may be prescribed.

(4) An approval under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time, the proposals shall [F47 fall to be considered afresh under sub-paragraph (1)].

(5) A committee shall refer proposals to the adjudicator if—

(a) the committee votes on a decision in relation to the proposals,

(b) the decision is required to be unanimous by regulations under paragraph 5 of Schedule 4 to the M4 School Standards and Framework Act 1998 (school organisation committees), and

(c) the result of the vote is not unanimous.

(6) A committee shall also refer proposals to the adjudicator if—

(a) by the end of the prescribed period the committee has not determined what action to take in relation to the proposals, and

(b) the Council requests that the proposals be referred to the adjudicator.

(7) Where proposals are referred to the adjudicator—

(a) he shall consider them afresh, and

(b) for that purpose, [F48 sub-paragraphs (1)(a) to (c) and (2) to (4)] shall apply to him as they apply to the committee.

(8) The Council may withdraw proposals by notice in writing to the school organisation committee at any time before a determination has been made by the committee or the adjudicator.

Textual Amendments

F44 Sch. 7 para. 35(1)(d) and word "or" inserted (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(2) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

F45 Sch. 7 para. 35(2)(b) repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 3(b)

F46 Words in Sch. 7 para. 35(2)(c) inserted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(3) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F47 Words in Sch. 7 para. 35(4) substituted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F48 Words in Sch. 7 para. 35(7) substituted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(5) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Modifications etc. (not altering text)

C4 Sch. 7 para. 35 applied (with modifications) (1.4.2003) by The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 (S.I. 2003/507), regs. 1, 27, Sch. 5 para. 3

Commencement Information

I31 Sch. 7 para. 35 wholly in force at 1.4.2002; Sch. 7 para. 35 not in force at Royal Assent see s. 154; Sch. 7 para. 35 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 35 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 35 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

M4 1998 c. 31.

36 (1) Where proposals are approved under paragraph 35 they shall be implemented. E+W

(2) But the school organisation committee—

(a) may modify the proposals, after consulting such persons as may be prescribed;

(b) where the proposals were approved subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;

(c) may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were approved.

(3) A school organisation committee may act under sub-paragraph (2)(a) or (b) only in response to a request by the Council.

(4) A determination may be made under sub-paragraph (2)(c) only in response to a proposal of the Council which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to proposals they shall be treated as rejected.

Commencement Information

I32 Sch. 7 para. 36 wholly in force at 1.4.2002; Sch. 7 para. 36 not in force at Royal Assent see s. 154; Sch. 7 para. 36 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 36 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 36 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

37 (1) If a school organisation committee has not, by the end of the prescribed period, determined whether to take any action under paragraph 36(2), the committee shall, if the Council requests, refer the question to the adjudicator. E+W

(2) A committee shall also refer to the adjudicator the question mentioned in sub-paragraph (1) if—

(a) the committee votes on the question,

(b) the decision is required to be unanimous by regulations under paragraph 5 of Schedule 4 to the M5 School Standards and Framework Act 1998 (school organisation committees), and

(c) the result of the vote is not unanimous.

[F49 (2A) A committee may, where they think it appropriate to do so and subject to regulations, refer to the adjudicator the question mentioned in sub-paragraph (1).]

(3) Where a question is referred to the adjudicator—

(a) he shall consider the matter afresh, and

(b) for that purpose, paragraph 36 shall apply to him as it applies to the committee.

Textual Amendments

F49 Sch. 7 para. 37(2A) inserted (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 14 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

Commencement Information

I33 Sch. 7 para 37 wholly in force at 1.4.2002; Sch. 7 para. 37 not in force at Royal Assent see s. 154; Sch. 7 para. 37 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 37 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 37 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

M5 1998 c. 31.

38 (1) The duty to implement proposals to alter a school— E+W

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.

(2) The duty to implement proposals to discontinue a school—

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.

(3) For the purpose of sub-paragraph (2)(a) or (b), a local education authority’s duty to discontinue a school is a duty to cease maintaining it.

Commencement Information

I34 Sch. 7 para. 38 wholly in force at 1.4.2002; Sch. 7 para. 38 not in force at Royal Assent see s. 154; Sch. 7 para. 38 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2, Sch. Pt. I; Sch. 7 para. 38 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 38 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Wales E+W

39 (1) Paragraphs 40 to 44 apply to schools [F50 maintained by a local education authority] in Wales in respect of which proposals are published under this Schedule. E+W

(2) In those paragraphs—

• “the National Assembly” means the National Assembly for Wales,

• F51 ...

• “prescribed” means prescribed by or determined in accordance with regulations, and

• “regulations” means regulations made by the National Assembly.

Textual Amendments

F50 Words in Sch. 7 para. 39(1) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 126(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F51 Words in Sch. 7 para. 39(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(6) (with art. 7)

Commencement Information

I35 Sch. 7 para. 39 wholly in force at 1.4.2002; Sch. 7 para. 39 not in force at Royal Assent see s. 154; Sch. 7 para. 39 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 39 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 39 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

40 E+W Regulations may require [F52 the National Assembly] to provide prescribed information to prescribed persons at prescribed times—

F53 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 Words in Sch. 7 para. 40 substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(7)(a) (with art. 7)

F53 Sch. 7 para. 40(a)(b) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(7)(b) (with art. 7)

Commencement Information

I36 Sch. 7 para. 40 wholly in force at 1.4.2002; Sch. 7 para. 40 not in force at Royal Assent see s. 154; Sch. 7 para. 40 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 29(1), Sch. Pt. I; Sch. 7 para. 40 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 40 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

41 E+W Any person may send objections to the proposals to the National Assembly within such period as may be prescribed.

Commencement Information

I37 Sch. 7 para. 41 wholly in force at 1.4.2002; Sch. 7 para. 41 not in force at Royal Assent see s. 154; Sch. 7 para. 41 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 41 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 41 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

42 [F54 (1) After the expiry of the period mentioned in paragraph 41, the National Assembly shall determine whether to— E+W

(a) withdraw the proposals;

(b) confirm them without modification; or

(c) confirm them subject to modifications.

(2) In making a determination under sub-paragraph (1), the National Assembly shall have regard to any objections made in accordance with paragraph 41 and not withdrawn.]

(3) Before [F55 confirming] proposals subject to modifications the National Assembly shall consult such persons as they consider appropriate.

(4) [F56 A confirmation] under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time, [F57 the National Assembly shall reconsider its determination] [F58 under sub-paragraph (1)].

[F59 (5) The National Assembly may withdraw its proposals at any time before a determination is made under this paragraph.]

Textual Amendments

F54 Sch. 7 para. 42(1)(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(a) (with art. 7)

F55 Word in Sch. 7 para. 42(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(b) (with art. 7)

F56 Words in Sch. 7 para. 42(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(c)(i) (with art. 7)

F57 Words in Sch. 7 para. 42(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(c)(ii) (with art. 7)

F58 Words in Sch. 7 para. 42(4) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 75, 216, Sch. 10 para. 15 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F59 Sch. 7 para. 42(5) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(d) (with art. 7)

Commencement Information

I38 Sch. 7 para. 42 wholly in force at 1.4.2002; Sch. 7 para. 42 not in force at Royal Assent see s. 154; Sch. 7 para. 42 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 42 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 42 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

43 (1) Where proposals are [F60 confirmed] under paragraph 42 they shall be implemented. E+W

(2) But the National Assembly—

(a) may modify the proposals, after consulting such persons as they consider appropriate;

(b) where the proposals were [F61 confirmed] subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;

(c) may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were [F61 confirmed].

F62 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A determination may be made under sub-paragraph (2)(c) only in response to a proposal of [F63 the National Assembly for Wales] which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to the proposals they shall be treated as rejected.

Textual Amendments

F60 Word in Sch. 7 para. 43(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(a) (with art. 7)

F61 Word in Sch. 7 para. 43(2)(b)(c) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(b) (with art. 7)

F62 Sch. 7 para. 43(3) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(c) (with art. 7)

F63 Words in Sch. 7 para. 43(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(d) (with art. 7)

Commencement Information

I39 Sch. 7 para. 43 wholly in force at 1.4.2002; Sch. 7 para. 43 not in force at Royal Assent see s. 154; Sch. 7 para. 43 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 43 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 43 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

44 (1) The duty to implement proposals to alter a school— E+W

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.

(2) The duty to implement proposals to discontinue a school—

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.

(3) For the purpose of sub-paragraph (2)(a) or (b), a local education authority’s duty to discontinue a school is a duty to cease maintaining it.

Commencement Information

I40 Sch. 7 para. 44 wholly in force at 1.4.2002; Sch. 7 para. 44 not in force at Royal Assent see s. 154; Sch. 7 para. 44 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 44 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 44 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Schools maintained by LEA outside its area E+W

45 (1) This paragraph applies to a school which— E+W

(a) is a community, voluntary or foundation school, and

(b) is situated in an area other than that of the local education authority who maintain it.

(2) This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—

(a) for schools in England, by regulations made by the Secretary of State, and

(b) for schools in Wales, by regulations made by the National Assembly for Wales.

Commencement Information

I41 Sch. 7 para. 45 wholly in force at 1.4.2002; Sch. 7 para. 45 not in force at Royal Assent see s. 154; Sch. 7 para. 45 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 45 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 45 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I