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

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe various matters relating to proposals made by the Learning and Skills Council for England (“the LSC”) under section 113A of, and Schedule 7 to, to the Learning and Skills Act 2000.

Part 2 makes provision for proposals made by the LSC under section 113A of the 2000 Act.

Regulation 3 prescribes the type of alterations to maintained schools that can be proposed by the LSC (in addition to their power in section 113A(4)(a) and (c) of the 2000 Act to make proposals for the establishment and discontinuance of certain types of schools).

Regulation 4 requires the Council to publish a preliminary notice before making proposals inviting comments and regulation 5 with Schedule 1 provide for publication of the proposals themselves.

Regulation 6 provides for the making of objections to, or comments on the proposals (within two months after the date of publication of the proposals) and regulation 7 provides for information to be submitted to the Secretary of State who, by virtue of 113A(5) of the 2000 Act determines the proposals.

Regulation 8 provides that the LSC can withdraw proposals by giving written notice and regulation 9 provides for the persons who must be notified of the Secretary of State’s decision and requires the consent of the LSC before the Secretary of State approves proposals with modifications.

Regulation 10 prescribes the LSC as a body who must request for approved proposals to be modified and prescribes the bodies with whom the Secretary of State must consult before modifying approved proposals or determining that the requirement to implement approved proposals no longer applies.

Regulation 11 prescribes various matters relating to paragraph 3 of Schedule 6 to the School Standards and Framework Act 1998 which concerns related school organisation proposals published by a local education authority, governing body of a maintained school, or promoters.

Part 3 relates to proposals published under Schedule 7 to the 2000 Act. Under this Schedule the LSC has power to publish proposals for the alteration of a maintained school so that it no longer provides sixth form education, or for the discontinuance of a maintained school which is a 16 to19 institution if, broadly speaking, two consecutive reports state that the sixth form is inadequate or that a 16 to 19 institution requires special measures or has significant weaknesses. Part 3 re-enacts with minor changes the School Organisation Proposals by the Learning and Skills Council for England Regulations 2001 which are revoked by regulation 30.

Regulation 13 with Schedule 2 prescribes the information which must be contained in published proposals and regulation 14 prescribes the manner in which such proposals must be published.

Regulation 15 with Schedule 3 prescribes additional information which is to be provided to the School Organisation Committee and regulation 16 prescribes other bodies to whom proposals and information must be sent in the case of special schools. Regulation 17 provides for a time limit of one month after the date of publication of the proposals for objections to and comments on the proposals to be made.

Regulation 18 prescribes the bodies with whom the School Organisation Committee or adjudicator must consult before approving proposals with modifications. Regulation 19 prescribes events which can be specified in a conditional approval.

Regulation 20 provides for the period after which, if the School Organisation Committee has not voted on any matter, they must, if LSC so requests, refer the matter to the adjudicator. Regulation 21 imposes limitations on the School Organisation Committee’s power voluntarily to refer matters to the adjudicator.

Regulation 22 prescribes the bodies with whom the School Organisation Committee or adjudicator must consult before modifying approved proposals.

Regulation 23 provides for the information which must be provided by the School Organisation Committee or adjudicator to various persons specified in that regulation in connection with published proposals.

Regulation 24 provides for the voting of the School Organisation Committee. Provision is made that each group of members is collectively to have a single vote when taking decisions on proposals published by the LSC and that all such decisions must be unanimous decisions of those voting.

Regulation 25 provides for the time limit within which matters must be referred to the adjudicator.

Regulation 26 with Schedule 4 make provision for proposals by the LSC that previous proposals which have been approved should not be implemented.

Regulation 27 with Schedule 5 sets out modifications to Schedule 7 to the 2000 Act which apply where the proposals relate to a school situated in an area other than that of the local education authority which maintain it.

In Part 4 regulation 28 makes special provision for implementation of proposals where a school changes category from being a community or community special school.

Regulation 29 makes a consequential amendment to the Education (Grants in respect of Voluntary Aided Schools) Regulations 1999.

Copies of the guidance “Assessing the Net capacity of Schools” referred to in regulation 2 can be obtained from DfES Publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 ODJ. (email [e-mail]).