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The Education (School Organisation Proposals) (England) (Amendment) Regulations 2005

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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (School Organisation Proposals) (England) Regulations 1999 (No 2213) (“the Principal Regulations”).

These amendments supplement the amendments made to the Principal Regulations by the Education (School Organisation Proposals) (England) (Amendment) Regulations 2000 (S.I.2000/2198) and by the Education (School Organisation Proposals) (England) (Amendment) Regulations 2003 (S.I.2003/1229).

Regulation 4 defines an “excepted expansion” (this covers both physical enlargements and increases in the number of pupils).

Regulation 5 has the effect of reducing the period for objections and comments in respect of an excepted expansion to be sent to the local education authority or the relevant school organisation committee from six weeks to one month and where the proposals were published by a local education authority, the period for copies of these representations together with any of the authority’s observations on them to be sent to the school organisation committee from one month to two weeks.

Regulation 6 inserts a new regulation 7A into the Principal Regulations, the effect of which is to provide that school organisation committees should, within two weeks of receiving the proposals, inform governing bodies of schools which are the subject of proposals for excepted expansions of the details of the meeting at which the determination of the proposals will occur within two weeks of receiving the proposals. Up to 2 representatives of that governing body shall be entitled to attend that meeting and make representations.

Regulation 7 reduces the period after which a school organisation committee must refer proposals to the adjudicator from two months to six weeks, if requested to do so by those bringing forward the proposals.

Regulation 8 amends regulation 10C of the Principal Regulations so that this provision now applies to all secondary schools (but not grammar schools) as well as to popular primary schools (which is defined), and further provides that such an opportunity to have proposals referred to the adjudicator shall be made known by a school organisation committee to the representatives of the relevant governing body or to the governing body itself.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

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