The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003

PART 1 PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 and shall come into force on 1st April 2003.

Interpretation

2.—(1) In these Regulations—

“the 1998 Act” means the School Standards and Framework Act 1998;

“the 2000 Act” means the Learning and Skills Act 2000;

“the capacity guidance” means the Department for Education and Skills Guidance “Assessing the Net Capacity of Schools” issued in August 2002 reference number DfES/0739/2001REV (1)

“the Council” means the Learning and Skills Council for England;

“consultative proposals” has the meaning given by regulation 4(2)(a);

“further education college” means an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992) (2);

“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with, the net capacity assessment method set out in the capacity guidance;

“16 to 19 institution” means a maintained school which —

(a)

provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b)

does not provide full-time education suitable to the requirements of pupils of compulsory school age;

“mainstream school” means a maintained school other than a special school;

“maintained school” has the same meaning as in the 1998 Act;

“preliminary notice” has the meaning given by regulation 4(1)(a);

“relevant sixth form age group” means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school for sixth form education;

“the school organisation committee” means the school organisation committee for the area of the local education authority who maintain the school the subject of the proposals or, as the case may be, any consultative proposals;

“sixth form education” means full-time education at a school suitable to the requirements of pupils over compulsory school age but below the age of 19;

“special school” means a community or foundation special school;

“statement of special educational needs” means a statement of special educational needs maintained under Part IV of the Education Act 1996 (3).

“the upper age limit” of a school means the highest age of pupils for whom education is normally provided at the school.

(2) Any reference to section 113A, Schedule 7 or Schedule 7A is a reference to section 113A of, or Schedule 7 or Schedule 7A to, the 2000 Act as appropriate.

(3) For the purposes of these Regulations the capacity of a school shall be the net capacity determined in accordance with the method of assessment provided in the capacity guidance.

(4) For the purposes of these Regulations the date of publication of proposals is—

(a) the date on which the requirements of regulation 5 or 14, as the case may be, are satisfied; and

(b) where different requirements are satisfied on different days, on the last of such days.

PART 2 PROPOSALS MADE UNDER SECTION 113A

Alterations for which proposals may be made

3.—(1) This regulation prescribes the descriptions of alterations to maintained schools for the purposes of section 113A(4)(b).

(2) The descriptions of alterations are—

(a) an enlargement of the premises of a 16 to 19 institution which would increase the capacity of the school by 25%;

(b) an enlargement of the premises of any other secondary school with a view to an increase by 25% in the number of pupils who will be provided with sixth form education at the school;

(c) an alteration of the upper age limit of the school so that —

(i) the school will provide sixth form education, or

(ii) the school will cease to provide sixth form education; or

(d) an alteration of the upper age limit of the school (being an age limit over compulsory school age) by a year or more (not falling within sub-paragraph (c) above).

Publication of preliminary notice

4.—(1) Before making proposals the Council shall—

(a) publish a notice (in these regulations referred to as a “preliminary notice”) containing (subject to paragraph (3)) the information specified in paragraph (2), in the manner specified in paragraphs (4) to (6);

(b) take into account any comments received in response to the preliminary notice.

(2) The preliminary notice shall —

(a) describe the proposals which the Council is considering making (referred to in these regulations as “consultative proposals”) and, where the Council is considering making alternative proposals, the alternative which the Council favours;

(b) state whether the consultative proposals are made for the purposes set out in section 113A(2)(a) or are made with a view to promoting one or more of the relevant objectives and, if so, which relevant objective;

(c) set out the factors which have led the Council to consider making the consultative proposals and, where the proposals are made with a view to promoting one or more of the relevant objectives the evidence which leads the Council to the view that they will do so;

(d) contain any other information which the Council considers necessary for an effective consultation;

(e) state that comments are invited on the consultative proposals and that such comments must be made within such period as may be specified in the notice, not being less than two months from the date of publication of the notice, together with details of the manner in which such comments may be communicated to the Council;

(f) state that any comments may be made public unless the person making the comments requests otherwise.

(3) The Council need not include the information referred to in paragraph (2)(c) and (d) if –

(a) the preliminary notice states that the information can be obtained from the Council and provides an address to which requests should be sent; and

(b) the Council provides such information to anyone who requests it.

(4) Where any consultative proposals are to establish a new 16 to 19 institution the Council shall publish the preliminary notice—

(a) by posting it in a conspicuous place in the area to be served by any proposed school mentioned in the consultative proposals, where the proposed school is to be a mainstream school, or in the area of the local education authority who it is intended should maintain any proposed school, where the proposed school is to be a special school, and

(b) in at least one newspaper circulating in that area.

(5) Where any consultative proposals are to make an alteration to a maintained school or to discontinue a 16 to 19 institution the Council shall publish the preliminary notice—

(a) by posting it in a conspicuous place in the area served by any school mentioned in the consultative proposals, where the proposals relate to a mainstream school, or in the area of the local education authority who maintains the school where the proposals relate to any special school;

(b) in at least one newspaper circulating in that area; and

(c) by posting it at or near the main entrance to any such school, or, if there is more than one main entrance, all of them.

(6) The Council shall send a copy of the preliminary notice and the information referred to in paragraph (2)(c) and (d) if that is not contained in the notice to –

(a) the Secretary of State;

(b) the governing body of any school the subject of the consultative proposals (except where the proposals are to establish a new 16 to 19 institution);

(c) the local education authority who maintain, or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain, any school the subject of the consultative proposals;

(d) any adjoining local education authority;

(e) the governing body of any other maintained school, city technology college, city college for the technology of the arts or Academy which the Council considers is likely to be affected by the consultative proposals;

(f) the governing body of any further education college which the Council considers is likely to be affected by the consultative proposals;

(g) the Diocesan Board of Education for any diocese of the Church of England and the Bishop of any Roman Catholic Church diocese any part of which is comprised in the area of the local education authority who maintain, or who it is proposed should maintain, any school the subject of the consultative proposals;

(h) the school organisation committee; and

(i) such other persons as the Council considers appropriate.

(7) Where the consultative proposals relate to a special school or proposed special school the Council shall also send a copy of the preliminary notice and the information referred to in paragraph (2)(c) and (d) if that is not contained in the notice to –

(a) the parents of each registered pupil at any school the subject of the consultative progress who is over compulsory school age (except where the proposals are to establish a new 16 to 19 institution) unless the Council cannot ascertain the names and addresses of those parents despite having taken reasonable steps to do so;

(b) any Strategic Health Authority who act for any area which includes any part of the area of the local education authority who maintain or who it is proposed should maintain any school the subject of the consultative proposals; and

(c) any National Health Service Trust who have responsibility for the ownership or management of any hospital or other establishment or facilities in the area of the local education authority who maintain or who it is proposed should maintain any school the subject of the consultative proposals.

(8) If it appears to the Council, as a result of consideration of comments made in response to the preliminary notice that it is appropriate to make new consultative proposals the Council shall publish a further preliminary notice in accordance with paragraphs (1) to (7) relating to the new consultative proposals.

(9) If it appears to the Council, as a result of consideration of comments made in response to the preliminary notice, that it is appropriate to vary the consultative proposals in any other respect or, where alternative proposals have been set out in the preliminary notice, to make proposals other than those which the Council have stated in the preliminary notice that it favoured, the Council shall undertake such further consultation as appears to them to be appropriate.

Publication of proposals

5.—(1) The Council shall publish a notice of the proposals in the manner specified in paragraphs (2) to (4) below, and any such notice shall contain the information specified in Schedule 1.

(2) Where the proposals are to establish a new 16 to 19 institution the Council shall publish the notice—

(a) by posting it in a conspicuous place in the area to be served by the school, where the school is to be a mainstream school, or in the area of the local education authority whom it is proposed should maintain the school, where the school is to be a special school; and

(b) in at least one newspaper circulating in that area.

(3) Where the proposals are to make an alteration to a maintained school or to discontinue a 16 to 19 institution the Council shall publish the notice —

(a) by posting it in a conspicuous place in the area served by the school, where the school the subject of the proposals is a mainstream school, or in the area of the local education authority who maintain the school, where the school the subject of the proposals is a special school;

(b) in at least one newspaper circulating in that area; and

(c) by posting it at or near the main entrance to the school or, if there is more than one main entrance, all of them.

(4) The Council shall send a copy of the notice to the persons referred to in regulation 4(6) and, where applicable, regulation 4(7) (taking references in regulations 4(6) and 4(7) to “the consultative proposals” as references to “the proposals”).

(5) The Council shall make available to any person on request a summary of the comments received in response to the preliminary notice published under regulation 4.

(6) In this regulation “parent” has the same meaning as in section 576 of the Education Act 1996.

Objections to and comments on proposals

6.—(1) Any person may send written objections to, or comments on, the proposals to the Council within two months from the date of publication of the proposals.

(2) If the school organisation committee send comments on the proposals they shall include details of the level of support which the proposals have received from the committee as a whole and from each group on the committee.

(3) 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(4).

Submission of proposals etc. to the Secretary of State

7.—(1) Within one month from the end of the period within which objections or comments may be made under regulation 6 the Council shall send to the Secretary of State—

(a) a copy of any response made by the School Organisation Committee to the preliminary notice;

(b) a summary of the other responses to the preliminary notice; and

(c) copies of all objections and comments received pursuant to regulation 6 (other than objections withdrawn in writing within the period mentioned in regulation 6(1)).

(2) Nothing in this regulation shall prevent the Secretary of State requiring further information from the Council before determining the proposals.

Withdrawal of proposals

8.  The Council may withdraw proposals at any time before they are determined under section 113A(4) by giving written notice to the Secretary of State.

Decision by the Secretary of State

9.—(1) The Secretary of State shall notify the following persons of each decision taken under section 113A —

(a) the Council;

(b) the local education authority who maintain the school or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain the proposed school;

(c) where the proposals relate to an existing special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;

(d) the governing body of the school (except where the proposals are to establish a new 16 to 19 institution);

(e) the School Organisation Committee;

(f) the Diocesan Board of Education for any diocese of the Church of England and the Bishop of any Roman Catholic Church diocese any part of which is comprised in the area of the local education authority who maintain the school or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain the proposed school; and

(g) subject to paragraph (2), each objector.

(2) 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 Secretary of State may comply with the requirement in paragraph (1) by –

(a) notifying the person (if any) who appears to him to have arranged for the petition to be sent to the Council; or

(b) if there is no such person, notifying the objector whose name appears first on the petition.

(3) The Secretary of State may only approve proposals with modifications if the Council has consented to the modifications.

Implementation of proposals

10.—(1) The Council is prescribed for the purposes of paragraph 1(3) of Schedule 7A (which provides that at the request of persons prescribed the Secretary of State may modify proposals or specify a later date by which an event must occur).

(2) For the purposes of paragraphs 1(3) and (4) of Schedule 7A (which provides that after consulting prescribed persons the Secretary of State may modify proposals which have been approved, specify a later date by which an event must occur, or determine that paragraph 1(2) of Schedule 7A should not apply) the following persons are prescribed —

(a) the Council;

(b) the governing body of the school (or, in the case of a proposal to establish a new 16 to 19 institution, the temporary governing body established under section 34 of the Education Act 2002);

(c) the local education authority who maintain, or whom it is proposed should maintain, the school; and

(d) where the school is a special school each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school.

Provisions relating to paragraph 3 of Schedule 6 to the School Standards and Framework Act 1998

11.—(1) Proposals fall within paragraph 3(2A) of Schedule 6 to the 1998 Act (which provides that the requirement to make a decision under paragraph 3(2) of that Schedule in the case of proposals of a prescribed description only applies if, at the time when the decision falls to be made under that sub-paragraph, the School Organisation Committee are satisfied that the proposals do not relate to any relevant proposals) if —

(a) they relate to the same school as any relevant proposals,

(b) they relate to any other secondary school or proposed secondary school which is maintained or is proposed to be maintained by the same local education authority as maintain the school which is the subject of the relevant proposals, or

(c) (where the relevant proposals are made under section 51 of the Further and Higher Education Act 1992) they relate to any secondary school which is in the area of the same local education authority as the further education college which is the subject of the relevant proposals.

(2) For the purposes of paragraph 3(2B) of that Schedule “relevant proposals” are —

(a) any undetermined proposals published by the Council pursuant to regulation 5; and

(b) any undetermined proposals made by the Council under section 51 of the Further and Higher Education Act 1992 where such proposals are made —

(i) with a view to meeting recommendations made in the report of an area inspection under section 65 of the 2000 Act; or

(ii) with a view to promoting one or more of the relevant objectives referred to in section 113A(2)(b).

(3) For the purposes of paragraph (2) proposals are undetermined if the Secretary of State has not —

(a) approved or rejected them under section 113A, or

(b) made a decision as to whether or not to make an order under section 16 or 27 of the Further and Higher Education Act 1992 in relation to those proposals.

PART 3 PROPOSALS MADE UNDER SCHEDULE 7

Interpretation of Part 3

12.  In this Part “proposals to discontinue a sixth form” means proposals such as are mentioned in paragraph 16(1) of Schedule 7.

Information to be contained in published proposals

13.—(1) This regulation prescribes for the purposes of paragraphs 16(2) and 24(2) of Schedule 7, the information which proposals published under paragraph 16 or 24 of Schedule 7 must contain.

(2) Such proposals must contain the information specified in Schedule 2 to these Regulations.

Manner of publication of proposals

14.—(1) This regulation prescribes for the purposes of paragraphs 16(2) and 24(2) of Schedule 7 the manner of publication of proposals required to be published under paragraph 16 or 24 of Schedule 7.

(2) Where the school is a mainstream school, such proposals shall be published—

(a) by being posted in a conspicuous place in the area served by the school;

(b) in at least one newspaper circulating in that area; and

(c) by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.

(3) Where the school is a special school, such proposals shall be published —

(a) in at least one newspaper circulating in the area of the local education authority who maintain the school; and

(b) by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.

Information to be sent to the school organisation committee

15.—(1) This regulation prescribes for the purposes of paragraphs 17(1)(b) and 25(1)(b) of Schedule 7 the information which the Council must send to the school organisation committee.

(2) The Council shall send to the school organisation committee the information specified in Part 2 of Schedule 3 to these Regulations, where the school is a mainstream school, or Part 3 of that Schedule, where the school is a special school, together with —

(a) the information specified in Part 4 of that Schedule, where the proposals are to discontinue a sixth form; or

(b) the information specified in Part 5 of that Schedule, where the proposals are to discontinue a 16 to 19 institution.

Other bodies to whom information should be sent – special schools

16.—(1) This regulation prescribes for the purposes of paragraphs 17(2) and 25(2) of Schedule 7 the bodies or persons to whom, in the case of a special school, the Council shall also send a copy of the published proposals.

(2) The Council shall send a copy of the published proposals to —

(a) the local education authority who maintain the school;

(b) each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;

(c) the parents of each registered pupil at the school who is over compulsory school age unless the Council cannot ascertain the names and addresses of those parents despite having taken reasonable steps to do so;

(d) any Strategic Health Authority who acts for any area which includes any part of the area of the local education authority who maintain the school; and

(e) any National Health Service Trust who have responsibility for the ownership or management of any hospital or other establishment or facilities in the area of the local education authority who maintain the school.

Objections to and comments on proposals

17.—(1) This regulation prescribes for the purposes of paragraph 34 of Schedule 7 the period within which objections to, or comments on, the proposals may be sent to the school organisation committee.

(2) Objections to, or comments on, proposals published under paragraph 16 or 24 of Schedule 7 shall be sent to the school organisation committee within one month from the date of publication of the proposals.

Approval of proposals subject to modifications after consultation

18.—(1) This regulation prescribes, for the purpose of paragraph 35(3) of Schedule 7 or, as the case may be, that sub-paragraph as applied by paragraph 35(7) of that Schedule the bodies with whom the school organisation committee or, as the case may be, the adjudicator, must consult before approving proposals subject to modifications.

(2) The bodies prescribed are—

(a) the Council;

(b) where the school is a special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;

(c) the local education authority who maintain the school; and

(d) the governing body of the school.

Conditional approvals

19.—(1) This regulation prescribes kinds of events for the purposes of paragraph 35(4) of Schedule 7 (which provides that approvals given under paragraph 35(1)(b) or (c) of Schedule 7 may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind).

(2) The kinds of events are —

(a) the making of an agreement under section 482(1) of the Education Act 1996 (5)for the establishment of an Academy, where the proposals provide for some or all of the pupils currently at the school the subject of the proposals to transfer to the proposed Academy; and

(b) any of the following events relating to any other school or proposed school in respect of which proposals have been published under sections 28 or 31 of the 1998 Act —

(i) the grant of planning permission under Part III of the Town and Country Planning Act 1990(6),

(ii) the acquisition of a site on which the new school, a proposed enlargement of the premises of the school or other alteration of the premises of the school is to be constructed,

(iii) the acquisition of playing fields to be provided for the school,

(iv) the securing of any necessary access to a site or playing fields referred to in paragraphs (ii) and (iii) respectively of this sub-paragraph,

(v) the entering into of a private finance transaction within the meaning of regulation 16 of the Local Authorities (Capital Finance) Regulations 1997(7),

(vi) the making of any scheme relating to any charity connected with the school or proposed school,

(vii) the Secretary of State giving notice under regulation 7 of the Education (Foundation Body) (England) Regulations 2000 (8) that a foundation body should become operative and that the school should form part of a group for which that foundation body should act, and

(viii) the Secretary of State making a declaration under regulation 22(3) of the Education (Foundation Body) (England) Regulations 2000 that the school should form part of a group for which a foundation body acts.

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

20.—(1) This regulation prescribes periods for the purposes of paragraphs 35(6) and 37(1) of Schedule 7, (which provide that, if by the end of a prescribed period a school organisation committee has not determined what action to take and if the Council so requests, the committee shall refer the proposals or question to the adjudicator, and such reference is made in accordance with regulation 25).

(2) For the purposes of paragraph 35(6) of Schedule 7 the period, subject to paragraph (4), is the period ending two months from the end of the period within which objections or comments may be sent to the committee in accordance with paragraph 34 of Schedule 7 and regulation 17(2), or (if later) two months from the date on which the committee receive the information referred to in regulation 15.

(3) For the purposes of paragraph 37(1) of Schedule 7 the period, subject to paragraph (4), is the period ending —

(a) where the question relates to a request for modification of proposals, one month from the date which the committee notify bodies whom they consult (pursuant to paragraph 36(2)(a) of Schedule 7 and regulation 22(2)) is to be the date by which responses to the consultation must be received;

(b) where the question relates to a request to substitute a later time, one month from the date of the request (pursuant to paragraph 36(2)(b) and (3) of Schedule 7); and

(c) where the question relates to a proposal for the committee to make a determination under paragraph 36(2)(c) of Schedule 7, two months from the end of the period within which objections or comments may be sent to the committee in accordance with paragraph 7 of Schedule 4 to these regulations, or (if later) two months from the date on which the committee receive the information specified in paragraph 5 of that Schedule.

(4) Where, in the opinion of the committee, proposals or a question such as are referred to in paragraph (2) or (3) (“proposal A”) are related to proposals published under section 28, 29 or 31 of the 1998 Act, or to a matter such as is mentioned in paragraph 5 of Schedule 6 to that Act (“proposal B”) and the period relating to proposal A prescribed under paragraph (2) or (3) would end earlier than the period prescribed in relation to proposal B in regulations made under paragraph 3(5) or 5(5) of Schedule 6 to the 1998 Act, the period relating to proposal A shall expire at the same time as the period relating to proposal B.

Limitations on power of school organisation committee to refer matters to the adjudicator

21.  The School Organisation Committee may only refer any proposals to the adjudicator under paragraph 35(1)(d) of Schedule 7(9) or refer a question to the adjudicator under paragraph 37(2A) of Schedule 7(10) if —

(a) they have voted on the proposals or question, but

(b) at least two groups of members (within the meaning of regulation 24) did not vote because they had declared an interest in the proposals or question.

Modification of approved proposals

22.—(1) This regulation prescribes, for the purposes of paragraph 36(2) of Schedule 7 or, as the case may be, that sub-paragraph as applied by paragraph 37(3) of that Schedule the bodies whom a school organisation committee or, as the case may be, the adjudicator must consult before modifying approved proposals.

(2) Before modifying approved proposals a school organisation committee or the adjudicator shall consult—

(a) the local education authority who maintain the school;

(b) where the school is a special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school; and

(c) the governing body of the school.

Provision of information

23.—(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 paragraph 17 or 25 of Schedule 7 or paragraph 5 of Schedule 4 to these Regulations.

(2) The school organisation committee shall notify the following persons of each decision taken under paragraph 35(1) or 36(2) of Schedule 7—

(a) the Council;

(b) the local education authority who maintain the school;

(c) where the school is a special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;

(d) the governing body of the school to which the proposals relate;

(e) subject to paragraph (6), each objector; and

(f) the Secretary of State.

(3) The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (d) and (f) of paragraph (2) if they refer any proposals or question to the adjudicator under paragraph 35(5) or (6), or 37(1) or (2) of Schedule 7.

(4) The adjudicator shall notify the persons referred to in paragraph (2) of each decision taken under paragraph 35(7) or 37(3) of Schedule 7 other than any decision, provision for the notification of which, is made by regulation 15 of the Education (Adjudicators Inquiry Procedure etc.) Regulations 1999(11).

(5) Where, pursuant to paragraph (2), the school organisation committee notify the persons referred to in that paragraph of a decision, they shall also give reasons for that decision.

(6) 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 the requirement in paragraph (2) or (4) by –

(a) notifying the person (if any) who appears to them to have arranged for the petition to be sent to the school organisation committee; or

(b) if there is no such person, notifying the objector whose name appears first on the petition.

(7) Where proposals (“proposals A”) have been sent to the school organisation committee under paragraph 17 or 25 of Schedule 7, and subsequently further proposals are sent to the committee under section 28(6), 29(5) or 31(5) of the 1998 Act which, in the opinion of the committee, are related to proposals A, the school organisation committee shall notify the Council of that fact and of the effect of regulation 20(4).

Voting of committee on proposals

24.—(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(12).

(2) Each group of members shall collectively have a single vote in relation to any decision of the committee as to—

(a) what action to take under paragraph 35 of Schedule 7 in relation to proposals;

(b) whether to take any action under paragraph 36(2) of Schedule 7;

(c) what recommendation to give in accordance with paragraph 35(1) of Schedule 7 where that sub-paragraph applies with the modifications specified in paragraph 3 of Schedule 5 to these Regulations; and

(d) whether to defer consideration of whether to make any decision or recommendation on any of the matters referred to in sub-paragraphs (a) to (c) above.

(3) All decisions or questions referred to in paragraph (2) shall be unanimous decisions of those voting.

Time within which reference must be made to the adjudicator

25.—(1) Where, by virtue of paragraph 35(5) or 37(2) of Schedule 7, the committee are required to refer any proposals or question 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.

(2) Where, by virtue of paragraph 35(6) or 37(1) of Schedule 7 and regulation 20, the committee are required to refer any proposals or question to the adjudicator they shall do so within two weeks of the receipt of the request under either of those paragraphs.

Proposals published under paragraph 36(4) of Schedule 7

26.  Schedule 4 to these Regulations has effect in relation to proposals published under paragraph 36(4) of Schedule 7 (proposals previously published and approved under Schedule 7 not to be implemented).

Schools situated outside the area of the local education authority who maintain them

27.  Schedule 5 to these Regulations shall have effect for specifying the modifications to which Parts II and III of Schedule 7 are to be subject in relation to a community, voluntary or foundation school in England which is situated in an area other than that of the local education authority who maintain it.

PART 4 SUPPLEMENTARY

Change of category of school

28.  Where, after proposals have been published under section 113A or paragraph 16(2) or 24(2) of Schedule 7 but before they have been implemented, a school which is the subject of the proposals changes category under Schedule 8 to the 1998 Act from a community or community special school the proposals shall (to the extent that they have not been implemented) be implemented by the local education authority (despite paragraph 38 of Schedule 7 or paragraph 3 or 4 of Schedule 7A).

Consequential amendment

29.—(1) The Education (Grants in respect of Voluntary Aided Schools) Regulations 1999(13) are hereby amended in relation to England as follows.

(2) In regulation 3(2)(c) after paragraph (ii) there shall be inserted the following paragraph –

“(iii) any proposals for an alteration to a school published under section 113A of the Learning and Skills Act 2000 approved under subsection (5) of that section; or”

Revocation

30.  The School Organisation Proposals by the Learning and Skills Council for England Regulations 2001 (14)are hereby revoked.

David Miliband

Minister of State

Department for Education and Skills

4th March 2003