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Education Act 2002

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This is the original version (as it was originally enacted).

Proposals for establishment, alteration and discontinuance of schools

This section has no associated Explanatory Notes

3(1)Paragraph 3 (approval of proposals) is amended as follows.

(2)In sub-paragraph (1)(a)(i), for “objection period” there is substituted “representation period”.

(3)In sub-paragraph (2), at the end there is inserted or

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

(4)After sub-paragraph (6) there is inserted—

(6A)Where the committee reject proposals published by promoters for the establishment of a new foundation or voluntary school, the committee shall, if the promoters so request, refer the proposals to the adjudicator.

(6B)Sub-paragraph (6A) does not apply in relation to proposals published—

(a)by the Diocesan Board of Education for a diocese of the Church of England, or

(b)by or on behalf of the Bishop and Trustees of a diocese of the Roman Catholic Church.

(6C)Where the committee reject proposals to make an alteration to a school which are published by the governing body of the school under section 28, and—

(a)the school is of a prescribed description, and

(b)the alteration is of a prescribed description,

the committee shall refer the proposals to the adjudicator if the governing body so request.

(5)In sub-paragraph (7)—

(a)for “sub-paragraph (5) or (6)” there is substituted “this paragraph”, and

(b)after “sub-paragraphs (2) to (4)” there is inserted “(other than sub-paragraph (2)(d))”.

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