6E+W
6[F1(1)Subject to the following provisions of this paragraph, on an application for a decision under paragraph 4(2), the school organisation committee may—E+W
(a)make a decision under that provision varying the standard number to the number proposed;
(b)where the application is for an increase in the standard number, make a decision under that provision increasing the standard number to such number (less than the number proposed) as they think desirable;
(c)where the application is for a reduction of the standard number, make a decision under that provision reducing the standard number to such number (greater than the number proposed) as they think desirable; or
(d)decide not to vary the standard number.
(2)Before making any decision in accordance with paragraph (b) or (c) of sub-paragraph (1), the committee shall consult the local education authority and the governing body of the school.
(3)When making any decision in accordance with sub-paragraph (1), the committee shall have regard to—
(a)any guidance given from time to time by the Secretary of State,
(b)the school organisation plan for the area in which the school is situated, and
(c)where the application is for the reduction of a standard number at a primary school, any limit imposed under section 1 which applies to that school and to any other school which is likely to be affected if any reduction of that number were to be made.
(4)Subject to sub-paragraph (5), the committee shall not make a decision reducing a standard number unless they are satisfied that the reduction is necessary, having regard to the school’s capacity to accommodate pupils.
(5)Where—
(a)an application is for a reduction of any standard number applicable to admissions to an infant class (as defined by section 4); and
(b)the committee are satisfied that the admission to the school in any school year of a number of children in any relevant age group equal to the relevant standard number would cause prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section,
the committee shall make a decision under paragraph 4(2) reducing the standard number by the smallest number which they consider sufficient to avoid such prejudice arising.
(6)Where the school organisation committee make a decision in accordance with paragraph (a), (b) or (c) of sub-paragraph (1), then subject to sub-paragraph (2) the committee may decide that the standard number shall be varied with effect from a date other than that specified in the application.
(7)If—
(a)by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on the question whether to vary the standard number under sub-paragraph (1), and
(b)the body by whom the application was made request the committee to refer the application to the adjudicator,
they shall refer the application to the adjudicator.
(8)If the committee—
(a)have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under sub-paragraph (1) by a unanimous decision, but
(b)have failed to reach such a decision on that matter,
they shall refer the application to the adjudicator.
(9)Where any application is referred to the adjudicator under sub-paragraph (7) or (8)—
(a)he shall consider the application afresh; and
(b)sub-paragraphs (1) to (6) shall apply to him in connection with his decision on the application as they apply to the committee.
(10)Regulations may make provision for enabling the school organisation committee or the adjudicator—
(a)to review any decision of theirs made in accordance with sub-paragraph (1), and
(b)(if appropriate) to revoke or vary any such decision,
in such circumstances as may be prescribed.
(11)For the purposes of sub-paragraph (4) a school’s capacity to accommodate pupils shall be calculated having regard to any guidance given from time to time by the Secretary of State.]
Textual Amendments
F1Sch. 23 repealed (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)
Commencement Information
I1Sch. 23 para. 6 wholly in force at 1.9.1999; Sch. 23 para. 6 not in force at Royal Assent see s. 145(3); Sch. 23 para. 6(7) and (10) in force for certain purposes at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; Sch. 23 para. 6 in force at 1.9.1999 in so far as not already in force by S.I. 1999/1016, art. 2(3), Sch. 3 (with arts. 3-6, Sch. 4).