PART IVMODIFICATIONS TO CHAPTER II OF PART II OF THE 1998 ACT UNTIL SCHOOL ORGANISATION PLAN IS APPROVED

Modifications to the 1998 Act

21.—(1) Subject to paragraph (2), where the plan approval date for any local education authority in England falls after 1st September 1999 the provisions of Chapter II of Part II of the 1998 Act referred to in the Schedule to these Regulations shall, until the plan approval date for that authority, have effect in relation to proposals published under sections 28, 29 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act which–

(a)are published by that authority; or

(b)relate to a school maintained by, or situated in the area of, that authority; or

(c)are proposals for the establishment of a new school to be maintained by, or to be situated in the area of, that authority; or

(d)are proposals to make a prescribed alteration to a school which consists of the transfer of the school to a new site where either the old site or the new site is in the area of that authority,

with the modifications specified in the Schedule.

(2) Those modifications shall not however affect the power to make regulations under paragraph 5(4) of Schedule 6 to the 1998 Act; and any regulations so made which are in force on the plan approval date in relation to any local education authority shall apply from that date in relation to proposals which relate to a school maintained by, or situated in the area of, that authority.