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

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 (1)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(2),

(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(3),

(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 (4) 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.

(1)

Section 482 was substituted by section 65 of the Education Act 2002.

(2)

1990 c. 8.

(3)

S.I. 1997/319; amended by S.I. 1998/371.

(4)

S.I. 2000/2872.