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The Education (School Organisation Proposals) (England) (Amendment) Regulations 2003

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Transitional Provisions

18.—(1) The provisions of paragraphs (2) and (3) below shall apply despite regulation 3(b) above.

(2) Where a local education authority or governing body have before 1st June 2003 decided to make an enlargement to the premises of a school which —

(a)does not fall within paragraph 1(1) of Schedule 1 to the Principal Regulations by reference to the meaning of capacity in regulation 2(2) as originally made, but

(b)does fall within paragraph 1(1) of that Schedule by reference to the meaning of capacity in regulation 2(2) of the Principal Regulations as amended by regulation 3(b) above,

the enlargement shall not be treated as falling within paragraph 1(1) of that Schedule.

(3) Where a local education authority have before 1st June 2003 published proposals to make an enlargement to the premises of the school —

(a)which falls within paragraph 1(1) of Schedule 1 to the Principal Regulations by reference to the meaning of capacity in regulation 2(2) as originally made, but

(b)which does not fall within paragraph 1(1) of that Schedule by reference to the meaning of capacity in regulation 2(2) of the Principal Regulations as amended by regulation 3(b) above,

those proposals, if they have not been determined before 1st June 2003 shall be treated as withdrawn.

(4) Despite regulation 7 above, regulation 7 of the Principal Regulations (objections to proposals) as originally made shall continue to apply in relation to any proposals published before 1st June 2003.

(5) The amendments made by regulation 15(d) above shall not apply where proposals have been published before 1st June 2003.

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