Education and Inspections Act 2006

Part 2 Consideration of proposals by local education authority or adjudicator

Proposals requiring consideration under paragraph 8

6 All proposals under section 7, 10 or 11 require consideration under paragraph 8.

7 (1) Proposals under section 15 require consideration under paragraph 8 unless sub-paragraph (2) applies.

(2) Proposals under section 15 fall to be dealt with under paragraph 19 (and do not require consideration under paragraph 8) if the proposals were made by the relevant authority and either—

(a) no objections were made in relation to the relevant proposals in accordance with regulations under paragraph 5, or

(b) all objections so made were withdrawn in writing within the period prescribed as that within which any objections must be made.

Consideration of proposals

8 (1) Proposals which require consideration under this paragraph, other than proposals to which paragraph 10 applies, must be considered in the first instance by the relevant authority.

(2) Sub-paragraphs (3) and (4) apply in relation to the relevant authority unless the authority is required by any of paragraphs 10 to 13 and 15 to refer the proposals to the adjudicator.

(3) In a case where the proposals were published under section 7 and two or more sets of proposals were published, the authority may—

(a) reject all the proposals,

(b) approve any of the proposals without modification, or

(c) approve any of the proposals with such modifications as the authority think desirable, after consulting such persons as may be prescribed.

(4) In any other case, the authority may—

(a) reject the proposals,

(b) approve the proposals without modification, or

(c) approve the proposals with such modifications as the authority think desirable, after consulting such persons as may be prescribed.

(5) Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(6) When deciding whether or not to give any approval under this paragraph, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

Consideration of proposals that are related to other proposals

9 (1) The requirement to consider proposals under paragraph 8 only applies if, at the time when the proposals fall to be considered, the relevant authority are satisfied that the proposals do not relate to any proposals under section 113A of the Learning and Skills Act 2000 (c. 21) which fall to be determined by the Secretary of State but have not yet been determined by him.

(2) Where proposals under section 7, 10, 11 or 15 appear to the relevant authority to be related to—

(a) other proposals published under any of those sections and not yet determined, or

(b) proposals published under Schedule 7 to the Learning and Skills Act 2000 (c. 21) and not yet determined,

the authority must consider the proposals together.

(3) In deciding for the purposes of this paragraph whether proposals are related to other proposals, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

Duty to refer to adjudicator certain proposals made by or involving relevant authority

10 (1) The relevant authority must refer to the adjudicator, within a prescribed time—

(a) all the proposals published under section 7 in response to a notice under that section, if they consist of or include any proposals which—

(i) are made by the relevant authority, or

(ii) relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);

(b) any proposals under section 10 or 11 which—

(i) are made by the relevant authority, or

(ii) relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2).

(2) A foundation falls within this sub-paragraph if it is to be established otherwise than under SSFA 1998 and any of the following applies—

(a) the relevant authority or any person appointed by the relevant authority is to be a member of the foundation,

(b) any person appointed by the relevant authority is to be a charity trustee (within the meaning of the Charities Act 1993 (c. 10)) of the foundation, or

(c) any voting rights in the foundation are to be exercisable by the relevant authority or persons appointed by the relevant authority.

(3) Regulations may make provision for the making by the relevant authority to the adjudicator of objections to any proposals which are required to be referred to the adjudicator under this paragraph.

Duty to refer proposals to adjudicator in prescribed cases

11 Regulations may make provision requiring the relevant authority in prescribed cases to refer to the adjudicator within a prescribed time proposals requiring consideration under paragraph 8 (or in the case of proposals under section 7 all the proposals requiring consideration under that paragraph), together with any comments made on the proposals (or in the case of proposals under section 7, any of the proposals) by the authority.

Duty to refer proposals to adjudicator in pursuance of direction by Secretary of State

12 (1) The Secretary of State may at any time give a direction to a local education authority requiring them to refer to the adjudicator by a specified time—

(a) any proposals which have been published by the authority under section 7 but which, at the time when the direction is given, have not been determined by the authority, and

(b) all subsequent proposals published by the authority under that section until the direction is revoked,

together with any comments made on any of the proposals by the authority.

(2) Where a direction under sub-paragraph (1) is given to a local education authority at a time when the authority are considering proposals which consist of or include proposals published under section 7 to establish an Academy, the authority must complete any consultation required by paragraph 18 before referring the proposals to the adjudicator.

(3) References in this paragraph to the determination of any proposals are references to—

(a) a determination whether or not to approve the proposals under paragraph 8, or

(b) where by virtue of paragraph 7(2) the proposals fall to be dealt with under paragraph 19, a determination under paragraph 19 whether or not to implement the proposals.

Duty to refer proposals to adjudicator where determination delayed

13 If by the end of such period as may be prescribed the relevant authority have not determined whether to give any approval under paragraph 8(3) or (4), they must within a prescribed time refer to the adjudicator—

(a) in the case mentioned in paragraph 8(3), all the proposals published under section 7, and

(b) in the case mentioned in paragraph 8(4), the proposals concerned,

together with any comments made on the proposals by the authority.

Reference to adjudicator at request of aggrieved person after determination under paragraph 8(4)

14 (1) The relevant authority must if so requested within a prescribed time by any relevant person refer to the adjudicator within a prescribed time any proposals under section 10, 11 or 15 which the relevant authority have determined under paragraph 8(4), together with any reasons given by the authority for their determination.

(2) The following are relevant persons for the purposes of sub-paragraph (1)—

(a) the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the relevant authority;

(b) the bishop of any diocese of the Roman Catholic Church any part of which is comprised in the area of the relevant authority;

(c) in the case of proposals made under section 10 or 11 by a person other than the relevant authority and rejected by the authority under paragraph 8(4)(a), the proposers;

(d) in the case of proposals published under section 15, the governing body or trustees of any foundation, voluntary or foundation special school which is the subject of the proposals;

(e) where the proposals relate to a school or proposed school providing education for persons aged 14 years or over, the Learning and Skills Council for England.

Duty to refer related proposals

15 Where the relevant authority are required under any of paragraphs 10 to 14 or under Schedule 7 to the Learning and Skills Act 2000 to refer any proposals (“the relevant proposals”) to the adjudicator, the authority must also within a prescribed time refer to the adjudicator—

(a) any other proposals under section 7, 10, 11 or 15 which relate to the area of the relevant authority and which by virtue of paragraph 9(2) fall to be considered with the relevant proposals, and

(b) where the relevant proposals are referred to the adjudicator by virtue of paragraph 14, any other proposals under section 10, 11 or 15 which by virtue of paragraph 9(2) were determined by the relevant authority with the relevant proposals.

Withdrawal of proposals before determination

16 (1) Nothing in paragraph 8(1) to (4) prevents the proposers by whom any proposals have been made from withdrawing those proposals by notice in writing—

(a) to the relevant authority, and

(b) in a case where the proposals have been referred to the adjudicator, also to the adjudicator,

at any time before the proposals are determined under paragraph 8 by the authority or by the adjudicator.

(2) Nothing in paragraph 8(1) to (4) prevents the relevant authority from withdrawing any proposals made by the authority themselves by notice in writing to the adjudicator at any time before the proposals are determined under paragraph 8 by the adjudicator.

Effect of referring proposals to adjudicator

17 (1) Where any proposals are referred to the adjudicator under any provision of this Part of this Schedule—

(a) he must consider the proposals or, in a case where the proposals have previously been determined by the relevant authority, must consider them afresh,

(b) the following provisions of paragraph 8 apply to him in connection with his decision on the proposals as they apply to the relevant authority—

(i) sub-paragraph (3) or (4) (as the case requires), and

(ii) sub-paragraphs (5) and (6), and

(c) paragraph 9 applies to him as it applies to the relevant authority.

(2) The revocation of a direction under paragraph 12(1) does not affect the determination by the adjudicator of any proposals referred to him before the revocation.

Proposals to establish Academy

18 (1) Regulations may provide that, where proposals published under section 7 consist of or include proposals to establish an Academy, the relevant authority must within the prescribed period consult the Secretary of State in accordance with regulations, before taking any decision under paragraph 8.

(2) The relevant authority may not approve under paragraph 8 proposals to establish an Academy unless the Secretary of State, on being consulted under sub-paragraph (1), has indicated in accordance with regulations that, if the proposals were approved, he would be willing to commence negotiations with a view to entering into an agreement under section 482 of EA 1996 for the establishment of an Academy.

(3) If—

(a) the proposals have been referred to the adjudicator under paragraph 10, 11, 12, 13 or 15, or

(b) a direction under paragraph 12(1) is in force in relation to the relevant authority and the case does not fall within paragraph 12(2),

the reference in sub-paragraph (1) to the authority is to be read as a reference to the adjudicator.

(4) Sub-paragraph (2) has effect in relation to a decision of an adjudicator under paragraph 8 as it has effect in relation to a decision of the relevant authority under that paragraph.

(5) Approval under paragraph 8 by the relevant authority or the adjudicator of proposals to establish an Academy does not oblige the Secretary of State to enter into, or seek to enter into, an agreement under section 482 of EA 1996.

Determination whether to implement proposals not requiring consideration under paragraph 8

19 (1) Where any proposals have been made under section 15 by the relevant authority and paragraph 7 does not require the proposals to be considered under paragraph 8, the authority must (subject to the following provisions of this paragraph) determine whether the proposals should be implemented.

(2) Any determination under sub-paragraph (1) must be made within a prescribed period.

(3) The requirement to make a determination under sub-paragraph (1) only applies if, at the time when the proposals fall to be considered, the relevant authority are satisfied that the proposals do not relate to any proposals under section 113A of the Learning and Skills Act 2000 (c. 21) which fall to be determined by the Secretary of State but have not yet been determined by him.

(4) The requirement to make a determination under sub-paragraph (1) does not apply where the proposals appear to the relevant authority to be related to—

(a) other proposals published under section 15 and not yet determined,

(b) proposals published under section 7, 10 or 11 and not yet determined, or

(c) proposals published under Schedule 7 to the Learning and Skills Act 2000 and not yet determined.

(5) In deciding for the purposes of this paragraph whether proposals are related to other proposals, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

(6) Where, in the case of any proposals falling within sub-paragraph (1)—

(a) the authority fail to make a determination under that sub-paragraph within the period mentioned in sub-paragraph (2), or

(b) the requirement to make such a determination does not apply by virtue of sub-paragraph (3) or (4),

the proposals require consideration under paragraph 8 and, in a case falling within paragraph (a), must be referred to the adjudicator.

Provision of information

20 Regulations may require one or more of the following—

(a) the proposers (if any),

(b) the relevant authority, and

(c) the adjudicator,

to provide such information relating to the proposals to such persons, and at such times, as may be prescribed.