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The Education (School Organisation Proposals) (England) Regulations 1999

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Period after the expiry of which proposals must be referred to the adjudicator if requested

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.

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