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The Education (Foundation Body) (England) Regulations 2000

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Land excluded from transfers and restrictions on disposal of land when proposals are pending

16.  (1)  For the purposes of Part V of this Schedule the procedure for becoming a school of another category is pending in relation to a school when it has been initiated by the governing body in relation to the school on any occasion and not terminated (as initiated on that occasion).

(2) For those purposes, that procedure is to be regarded as initiated in relation to a school on any occasion on receipt by the local education authority of notice of a meeting of the governing body at which a motion for a resolution to consult about proposals to change category is to be considered.

(3) For those purposes, that procedure, as initiated on any occasion, is to be regarded as terminated—

(a)if the meeting is not held;

(b)if the meeting is held but the motion is not moved or, though the motion is moved, the resolution is not passed;

(c)if consultation is not initiated in accordance with section 28(5) of the Act as modified by these Regulations;

(d)if the proposals in respect of which consultation was initiated are not published;

(e)if the said proposals are rejected by the relevant school organisation committee or the adjudicator or withdrawn; or

(f)on the date of implementation of such proposals.

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