1.—(1) These Regulations may be cited as the Education (School Organisation Proposals) (England) Regulations 1999 and shall come into force on 1st September 1999.
(2) These Regulations apply in relation to local education authorities and schools maintained by (or, in the case of new schools, proposed to be maintained by) local education authorities in England.
2.—(1) In these Regulations–
“the Act” means the School Standards and Framework Act 1998;
“the Transition Regulations” means to Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999(1);
“mainstream school” means a community, foundation or voluntary school; and any reference to section 28, section 29, Schedule 6, Schedule 7 or Schedule 23 is a reference to that section of, or Schedule to, the Act.
(2) For the purposes of these Regulations except Part VI of Schedule 3, the capacity of a school shall be determined in accordance with the Schedule to the Education (Information as to Provision of Education) (England) Regulations 1999(2).
(3) For the purposes of paragraph 4(2) of Schedule 6, in relation to mainstream schools, and these Regulations the date of publication of proposals is–
(a)the date on which the requirements of regulation 5 are satisfied; and
(b)where different requirements are satisfied on different days, on the last of such days.
3. The alterations specified in Schedule 1 to these Regulations are prescribed as alterations for which proposals must be published under section 28(1)(b) or (c) or 28(2)(b).
4.—(1) This regulation prescribes for the purposes of section 28(3)(a) , section 29(3)(a), paragraph 5(2)(a) of Schedule 7 (where the proposals relate to a mainstream school) and paragraph 5(1)(a) of Schedule 23, the information which proposals published under section 28 or 29, paragraph 5 of Schedule 7 or paragraph 5 of Schedule 23 must contain.
(2) Proposals published under section 28 or 29, or paragraph 5(2) of Schedule 7 must contain the information specified in Part I of Schedule 2 to these Regulations together with–
(a)the information specified in Part II of that Schedule where the proposals are to establish a new school; or
(b)the information specified in Part III of that Schedule where the proposals are to make a prescribed alteration to a school; or
(c)the information specified in Part IV of that Schedule where the proposals are to discontinue a school.
(3) Proposals published under paragraph 5 of Schedule 23 must contain the information specified in Part V of Schedule 2 to these Regulations.
5.—(1) This regulation prescribes for the purposes of section 28(3)(b) and section 29(3)(b), for the purposes of paragraph 5(4) of Schedule 6 and paragraph 5(2)(b) of Schedule 7 (in both cases where the proposals relate to a mainstream school) and for the purposes of paragraph 5(1)(a) of Schedule 23, the manner of publication of proposals required to be published under sections 28 or 29, paragraph 5(4) of Schedule 6, paragraph 5 of Schedule 7 or paragraph 5 of Schedule 23.
(2) Any proposals for the establishment of a school shall be published–
(a)by being posted in a conspicuous place in the area to be served by the school; and
(b)in at least one newspaper circulating in that area.
(3) Any proposals–
(a)for the making of a prescribed alteration to a school which would not alter the area to be served by the school;
(b)for the discontinuance of the school;
(c)to apply to the school organisation committee to vary any standard number which applies to the school; shall be published–
(d)by being posted in a conspicuous place in the area served by the school;
(e)in at least one newspaper circulating in that area; and
(f)by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.
(4) Any proposals for the making of a prescribed alteration to a school which would alter the area proposed to be served by the school, shall be published–
(a)by being posted in a conspicuous place in the area served by the school and the area proposed to be served by the school;
(b)in at least one newspaper circulating in the areas referred to in sub-paragraph (a) above; and
(c)by being posted at or near the main entrance to the school, or, if there is more than one entrance, all of them.
(5) Any proposals that paragraph 5(1) of Schedule 6 (requirement to implement proposals) should cease to apply in relation to proposals published under section 28 or 29, shall be published–
(a)by being posted in a conspicuous place in the area or areas in which notice of the original proposals was required to be posted;
(b)in at least one newspaper circulating in the area referred to in sub-paragraph (a) above; and
(c)where the proposals relate to an existing school, by being posted at or near the main entrance to the school, or, if there is more than one entrance, all of them.
6.—(1) This regulation prescribes–
(a)for the purposes of section 28(6)(b), section 29(5)(b) and paragraph 5(1)(b) of Schedule 23 the information in connection with proposals published under section 28, section 29 or paragraph 5(1) of Schedule 23 which must be sent to the school organisation committee; and
(b)for the purposes of paragraphs 2(5) and 3(5) of Schedule 7 the information in connection with proposals published under section 28 or section 29 pursuant to an order under paragraph 2 or 3 of Schedule 7 which must be sent to the Secretary of State.
(2) Where proposals have been published under section 28 or 29 the relevant body or promoters shall send to the school organisation committee and (where the proposals were published pursuant to an order under paragraph 2 or 3 of Schedule 7) to the Secretary of State the information specified in Part II of Schedule 3 to these Regulations together with–
(a)such of the information specified in Part III of that Schedule as applies to the proposals, where the proposals are to establish a new school;
(b)such of the information specified in Part IV of that Schedule as applies to the proposals, where the proposals are to make a prescribed alteration to a school; and
(c)such of the information specified in Part V of that Schedule as applies to the proposals, where the proposals are to discontinue a school.
(3) Where proposals have been published under paragraph 5(1) of Schedule 23 the local education authority or governing body shall send to the school organisation committee the information specified in Part VI of Schedule 3.
7.—(1) This regulation–
(a)prescribes for the purposes of paragraph 2(2)(a) and (3) of Schedule 6 and paragraph 7(2) of Schedule 7 the period within which objections to proposal mentioned in those paragraphs relating to mainstream schools may be sent and for the purpose of paragraph 5(5) of Schedule 23 the period during which objections to proposals mentioned in that paragraph may be sent; and
(b)prescribes for the purposes of paragraph 2(2)(b) of Schedule 6 the period within which a local education authority must send copies of objections to proposals relating to mainstream schools.
(2) Objections to proposals published under section 28 or 29, paragraph 5 of Schedule 7 or paragraph 5 or Schedule 23 shall be sent to the local education authority or the relevant committee (as the case may be)–
(a)within two months after the date of publication of the proposals, except where sub-paragraph (b) applies; or
(b)within one month after the date of publication of the proposals, where–
(i)the proposals are published under section 28 to make a prescribed alteration to, or published under section 29 to discontinue, a school to which section 15 of the Act applies, or
(ii)the proposals are published under section 28 to establish a new school on the same site as a school to which section 15 applies and which it is proposed to discontinue.
(3) The local education authority shall send copies of objections to proposals published under section 28 or 29 together with the authority’s observations on them to the relevant school organisation committee in accordance with paragraph 2(2)(b) of Schedule 6 within–
(a)one month after the end of the objection period except where the proposals fall within paragraph (2)(b); and
(b)two weeks after the end of the objection period where the proposals fall within paragraph (2)(b).
8.—(1) This Regulation prescribes, for the purpose of paragraph 3(2)(c) of Schedule 6 or, as the case may be, that sub-paragraph as applied by paragraph 3(7) of that Schedule the persons or bodies with whom the school organisation committee or, as the case may be, an adjudicator, must consult before approving proposals relating to mainstream schools with modifications.
(2) The persons or bodies prescribed are the persons or body who published the proposals; and
(a)where the proposals are to establish a new foundation or voluntary school, the local education authority who it is proposed should maintain the school;
(b)where the proposals were published by the governing body of a school, the local education authority who maintain the school; and
(c)where the proposals were published by the local education authority to make a prescribed alteration to a foundation school consisting of an enlargement of the premises of the school, or to discontinue a voluntary or foundation school, the governing body of the school.
9. The following events are prescribed for the purposes of paragraph 3(3) of Schedule 6 and paragraphs 8(3) and 9(4) of Schedule 7 (which provide that approvals given under those paragraphs may be expressed to take effect only if an event specified in the approval occurs by a date so specified) in relation to approval of proposals relating to mainstream school–
(a)the grant of planning permission under Part III of the Town and Country Planning Act 1990(3);
(b)the acquisition of a site on which a new school, a proposed enlargement of the premises of a school or other alteration to the premises of the school is to be constructed;
(c)the acquisition of playing fields to be provided for the school;
(d)the securing of any necessary access to a site referred to in sub-paragraph (b) or playing fields referred to in sub-paragraph (c);
(e)the entering into of a private finance transaction within the meaning of regulation 16 of the Local Authorities (Capital Finance) Regulations 1997(4);
(f)the making of any scheme relating to any charity connected with the school or proposed school; and
10.—(1) This regulation prescribes periods for the purposes of paragraphs 3(5) and 5(5) of Schedule 6, paragraph 8(5) of Schedule 7 (where the proposals relate to a mainstream school) and paragraph 6(7) of Schedule 23 (which provide that if, by the end of such period as may be specified in or determined in accordance with regulations, a school organisation committee has not voted on certain questions and if the bodies referred to in those paragraphs so request, the committee shall refer the proposals or matter to the adjudicator).
(2) For the purposes of paragraph 3(5) of Schedule 6 the period, subject to paragraph (6), is the period ending–
(a)where proposals were published by a local education authority, two months from the date on which the committee receive from the local education authority under paragraph 2(2)(b) of Schedule 6 and regulation 7(3), copies of all objections made together with the authority’s observations on them; and
(b)where proposals were published by a governing body or promoters, two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 2(3) of Schedule 6 and regulation 7(2), or, if later, two months from the date on which the committee receive the information referred to in regulation 6.
(3) For the purposes of paragraph 5(5) of Schedule 6 the period, subject to paragraph (6), is the period ending–
(a)where the matter is a request for modification of proposals, one month from the date which the committee notify persons whom they consult (pursuant to paragraph 5(2) of Schedule 6 and regulation 11(3)) is to be the date by which responses to the consultation must be received;
(b)where the matter is a request to specify a later date, one month from the date of the request; and
(c)where the matter is a proposal for the committee to make a determination under paragraph 5(3) of Schedule 6 to the Act,
(i)where the proposals were published by a local education authority, two months from the date on which the committee receive from the local education authority under paragraph 2(2)(b) of Schedule 6, as it has effect with the modifications specified in Schedule 4 to these Regulations, copies the objections made together with the authority’s observations on them, and
(ii)where the proposals were published by a governing body or promoters, two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 2(3) of Schedule 6, as it has effect with the modifications specified in Schedule 4 to these Regulations, or, if later, two months from the date on which the committee receive the information specified in section 28(6) as it has effect with the modifications specified in Schedule 4 to these Regulations.
(4) For the purposes of paragraph 8(5) of Schedule 7 the period, subject to paragraph (6), is two months from the date on which objections must be sent to the committee under paragraph 7 of Schedule 7 and regulation 7(2).
(5) For the purposes of paragraph 6(7) of Schedule 23 the period, subject to paragraph (6) is two months from the date on which objections must be sent to the committee under paragraph 5(5) of Schedule 23 and regulation 7(2).
(6) Where in the opinion of the committee one proposal or matter (“proposal A”) is related to another proposal or matter (“proposal B”) and the period relating to proposal A determined in accordance with paragraph (2), (3), (4) or (5) would end earlier than the period relating to proposal B, then, despite paragraph (2), (3), (4) or (5) the period relating to proposal A shall expire at the same time as the period relating to proposal B.
11.—(1) This regulation prescribes, for the purposes of paragraph 5(2) of Schedule 6 or, as the case may be, that sub-paragraph as applied by paragraph 5(7) of that Schedule the persons or body–
(a)at whose request the school organisation committee or, as the case may be, the adjudicator may–
(i)modify approved proposals relating to a mainstream school, or
(ii)where approval of proposals in respect of a mainstream school was given in accordance with paragraph 3(3) of that Schedule (approval expressed to take effect only if an event specified in the approval occurs by a date so specified), specify a later date by which the event in question must occur; and
(b)whom a school organisation committee or, as the case may be, an adjudicator must consult before modifying approved proposals relating to a mainstream school.
(2) A school organisation committee or an adjudicator may modify approved proposals or specify a later date at the request of the persons or body who published the proposals.
(3) Before modifying approved proposals a school organisation committee or an adjudicator shall consult the persons or body who published the proposals and–
(a)where the proposals are to establish a new foundation or voluntary school, the local education authority who it is proposed should maintain the school;
(b)where the proposals were published by the governing body of a school, the local education authority who maintain the school; and
(c)where the proposals were published by the local education authority to make a prescribed attention to a foundation school consisting of an enlargement of the premises of the school or to discontinue a voluntary or foundation school, the governing body of the school.
(4) In this regulation references to approved proposals include references to proposals which the local education authority have determined to implement under paragraph 4 of Schedule 6.
12.—(1) The school organisation committee shall, within two weeks of the date on which such proposals were sent to them, send to the Secretary of State a copy of all published proposals which are sent to them under section 28(6) (including proposals sent to them under section 28(6) as it has effect by virtue of Schedule 4 to these Regulations) or section 29(5) relating to mainstream schools.
(2) The school organisation committee shall notify the following persons of each decision taken under paragraph 3(2) or 5(2) or (3) of Schedule 6 or paragraph 8(2)(a) or (b) of Schedule 7 relating to a mainstream school–
(a)the persons or body who published the proposals;
(b)(if different) the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school;
(c)(if different) the governing body of the school to which the proposals relate;
(d)subject to paragraph (8), each objector;
(e)the Secretary of State; and
(f)where the decision is to approve proposals for the revision of admission arrangements of a grammar school such as is mentioned in section 109(1) of the Act, the designated body within the meaning of section 105(3)(c) of the Act.
(3) The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (c) and (e) of paragraph (2) if they refer any proposals or matter relating to a mainstream school to the adjudicator under paragraph 3(5) or (6), or 5(5) or (6) of Schedule 6 or paragraph 8(5) or (6) of Schedule 7.
(4) The adjudicator shall notify the persons referred to in paragraph (2) of each decision taken under paragraph 3(2) or 5(2) or (3) of Schedule 6 relating to a mainstream school.
(5) The school organisation committee and the adjudicator shall notify the persons referred to in subparagraph (a) to (d) of paragraph (2) of each decision taken under paragraph 6 of Schedule 23 or regulation 16.
(6) The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (c) of paragraph (2) if they refer any matter to the adjudicator under paragraph 6 of Schedule 23 or regulation 16.
(7) Where, pursuant to paragraph (2) or (5) the school organisation committee notify the persons referred to in subparagraphs (a) to (e) of paragraph (2) of a decision they shall also give reasons for that decision.
(8) Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the school organisation committee or the adjudicator may comply with paragraph (2) , (4) or (5) as the case may be by–
(a)notifying the person (if any) who appears to them to have arranged for the petition to be sent to the local education authority or school organisation committee; or
(b)if there is no such person, notifying the objector whose name appears first on the petition.
(9) Where proposals have been published under section 28 which by virtue of section 109(3)(b) of the Act and regulations made under that provision are of no effect, the school organisation committee shall notify the governing body which published the proposals and the local education authority.
(10) Where proposals (“proposals A”) have been sent to the school organisation committee under section 28(6) or 29(5) or paragraph 5(3) of Schedule 7, and subsequently further proposals are sent to the committee under any of those provisions or under section 31(5) of the Act, which in the opinion of the committee are related to proposals A, the school organisation committee shall notify the persons or body who published proposals A of that fact and of the effect of regulation 10(6).
(11) Paragraphs (4) and (5) shall not apply in relation to any decision provision for the notification of which is made by regulation 15 of the Education (Adjudicator’s Inquiry Procedure etc.) Regulations 1999(5).
13.—(1) In this Regulation references to a group of members of a school organisation committee shall be construed in accordance with the Education (School Organisation Committees) (England) Regulations 1999(6).
(2) Each group of members shall collectively have a single vote in relation to any decision of the committee as to whether or not–
(a)in relation to proposals relating to a mainstream school, to give any approval under paragraph 3 of Schedule 6 or to–
(i)modify any proposals,
(ii)specify any later date, or
(iii)make any determination under paragraph 5(2)(a) or (b) or (3) of that Schedule,
(b)to make any recommendation such as is mentioned in paragraph 3(2) of Schedule 6 where that sub-paragraph applies with the modifications specified in paragraph 3 of Schedule 5 to these Regulations;
(c)to make, vary or revoke a transitional exemption order under paragraph 21 of Schedule 6 or paragraph 16 of Schedule 7 in relation to proposals relating to a mainstream school;
(d)to give any approval under paragraph 8 of Schedule 7 in relation to proposals relating to a mainstream school;
(e)to make any decision authorised by or by virtue of paragraph 6 of Schedule 23;
(f)to make any recommendation as is mentioned in paragraph 6(1) of Schedule 23 where that sub-paragraph applies with the modifications specified in paragraph 5 of Schedule 5 to these Regulations; or
(g)to defer consideration of whether to make any decision or recommendation on any of the matters referred to in sub-paragraphs (a) to (f) above.
(3) All decisions on questions referred to in paragraph (2) shall be unanimous decisions of those voting.
14.—(1) Where by virtue of paragraph 3(5) or 5(5) of Schedule 6, paragraph 8(5) of Schedule 7, paragraph 6(7) of Schedule 23 or regulation 16, the committee are required to refer any proposals or matter relating to mainstream schools to the adjudicator they shall do so within two weeks of the receipt of the request under any of those paragraphs.
(2) Where by virtue of paragraph 3(6), 5(6) or 21(4)(a) of Schedule 6, paragraph 8(6) of Schedule 7, paragraph 6(8) of Schedule 23 or regulation 16, the committee are required to refer any proposals or matter relating to mainstream schools to the adjudicator they shall do so within two weeks of the date on which the committee voted but failed to reach a unanimous decision or (in the case of proposals required to be referred to the adjudicator under paragraph 8(6)(b) of Schedule 7) within two weeks of the date on which the committee decided not to give any approval under paragraph 8 of that Schedule.
15.—(1) Schedule 4 to these Regulations has effect for the purpose of applying, with modifications where specified, provisions of section 28 and Part I of Schedule 6 in relation to proposals published under paragraph 5(4) of Schedule 6 relating to mainstream schools.
(2) Subject to paragraph (3), Part I of Schedule 5 to these Regulations has effect for specifying the modifications to which section 28(6), section 29(5) and Schedule 6 are to be subject where proposals are published under section 28 or 29 for the transfer of a school to a site in a different area or which relate to a school which is or, is proposed to be, situated in an area other than that of the local education authority who maintain or who it is proposed should maintain the school.
(3) The modifications to section 28(6), section 29(5) and Schedule 6 contained in Part I of Schedule 5 to these Regulations shall not however apply in relation to any proposals published under sections 28 or 29 in relation to which Chapter II of Part II of the Act has effect with the modifications specified in the Schedule to the Transition Regulations.
(4) Subject to paragraph (5), Part II of Schedule 5 to these Regulations has effect for specifying the modifications to which paragraphs 5 and 6 of Schedule 23 are to be subject where proposals are published under paragraph 5 of Schedule 23 which relate to a school which is situated in an area other than that of the local education authority who maintain the school.
(5) The modifications to paragraphs 5 and 6 of Schedule 23 contained in Part II of Schedule 5 to these Regulations shall not however apply in relation to any proposals published under paragraph 5 of Schedule 23 in relation to which that Schedule has effect with the modifications specified in regulation 9 of the School Standards and Framework Act 1998 (Admissions and Standard Numbers) (Modification) Regulations 1999(7).
16.—(1) This regulation makes provision, for the purposes of paragraph 6(10) of Schedule 23 for enabling the school organisation committee or the adjudicator–
(a)to review any relevant decision, that is to say a decision of theirs under paragraph 6(1) of that Schedule varying or, as the case may be, refusing to vary any standard number; and
(b)if appropriate, to revoke or vary that decision.
(2) The school organisation committee or (if the decision was made by him) the adjudicator may review a relevant decision where they are satisfied, upon the application of the local education authority or the governing body, that–
(a)the decision was wrongly made by virtue of a material error of fact contained in the information provided to the school organisation committee in accordance with regulation 6(2); or
(b)there was an obvious error in the decision.
(3) No such application for the review of a relevant decision shall be made later than one month after the date on which the person mentioned in paragraph 4(3) of Schedule 23 was given written notice of that decision by the school organisation committee or, as the case may be, the adjudicator.
(4) Every such application shall be by notice in writing setting out the grounds on which it is made; and the body making the application shall forthwith serve a copy of it on the governing body or (in a case where it was made by that body) the local education authority who, in either case, shall then be entitled, not later than 14 days after the date of service, to make written representations to the school organisation committee or (as the case may be) the adjudicator in relation to the application.
(5) If, having considered the application and any representations made as mentioned in paragraph (4), the school organisation committee or (as the case may be) the adjudicator determine–
(a)that they are not satisfied as mentioned in paragraph (2) and that therefore the relevant decision does not fall to be reviewed; or
(b)(where they are so satisfied) that the relevant decision should be revoked or varied, they shall forthwith give written notice of that determination to the governing body and the local education authority.
(6) If–
(a)by not later than two months following the receipt of an application made in accordance with this regulation for the review of a relevant decision of theirs, the school organisation committee have not voted on the question of whether–
(i)they are satisfied as mentioned in paragraph (2), or
(ii)(where they are so satisfied) the decision should be revoked or varied; 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.
(7) The committee shall also refer the application to the adjudicator if they have voted on that question but failed to reach a unanimous decision.
(8) Where any application is referred to the adjudicator under paragraphs (6) or (7)–
(a)he shall consider the application afresh; and
(b)paragraph (5) shall apply to him in connection with his decision on the application as it applies to the committee.
17.—(1) Where regulation 19(4) of the Transition Regulations applies, the reference in regulation 11 to the school organisation committee or, as the case may be, the adjudicator shall be have affect as a reference to the Secretary of State.
(2) Where Chapter II of Part II of the Act has effect in relation to any proposals with the modifications specified in the Schedule to the Transition Regulations, then in relation to those proposals–
(a)references in regulation 6 and regulation 7 to the school organisation committee shall have effect as references to the Secretary of State;
(b)regulation 6(1)(b), the words “and (where the proposals were published pursuant to an order under paragraph 2 or 3 of Schedule 7) to the Secretary of State” in regulation 6(2) and regulations 10 and 14 shall not have effect;
(c)references in regulations 8 and 11 to the school organisation committee or, as the case may be, the adjudicator shall have effect as references to the Secretary of State; and
(d)the reference, in paragraph 3 of Schedule 2 to these Regulations, to paragraph 2 of Schedule 6 or, as the case may be, paragraph 7 of Schedule 7 shall have effect as a reference to those paragraphs with the modifications so specified and accordingly the reference in paragraph 3(b) of Schedule 2 to the school organisation committee shall have effect as a reference to the Secretary of State.
(3) Where paragraph 5(5) of Schedule 23 has effect subject to the modifications specified in paragraph 4 of Schedule 5 to these Regulations the reference, in paragraph 26 of Schedule 2 to these regulations, to paragraph 5(5) of Schedule 23 shall have effect as a reference to that paragraph subject to the modifications so specified.
(4) Where in relation to any school paragraph 6(10) of Schedule 23 has effect with the modifications specified in regulation 9 of the School Standards and Framework Act 1998 (Admissions and Standard Numbers) (Modifications) Regulations 1999(8)–
(a)references in regulation 16(1) to (5) to the school organisation committee or, as the case may be, the adjudicator shall be treated as references to the Secretary of State; and
(b)regulation 16(6) to (8) shall not have effect.
18.—(1) The Transition Regulations in relation to England are hereby amended as follows.
(2) In regulation 12(b)(i) and (ii) for “section 42(1)(b)” there shall be substituted “section 41(1)(b)” in both places where they occur.
19. The Education (Publication of Proposals for Reduction in Standard Numbers) Regulations 1991(9) and the Education (Publication of School Proposals and Notices) Regulations 1993(10) (insofar as they continue to have effect, despite the repeal of the provisions containing the powers under which they were made, by virtue of the re-enactment of those powers with modifications) are hereby revoked in relation to England.
Estelle Morris
Minister of State,
Department for Education and Employment
29th July 1999