The Education (New Secondary School Proposals) (England) Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe various matters relating to proposals for the establishment of new secondary schools pursuant to the competition regime set out in the Education Act 2005 (“the Act”).

Regulation 3 with Schedule 1 prescribes the information to be contained in a notice published by a local education authority inviting proposals for the establishment of a new secondary school.

Regulation 4 prescribes the interval after which the proposals in response to a published notice must be sent to the local education authority.

Regulation 5 prescribes the manner in which notices inviting proposals must be published by the local education authority.

Regulation 6 prescribes persons whom the local education authority must consult prior to publishing a notice and the matters to be consulted on and sets out a requirement for a public meeting and notification to the Secretary of State.

Regulation 7 with Part 1 of Schedule 2 prescribes the information that has to be contained in proposals for the establishment of a new secondary school made pursuant to a notice inviting proposals.

Regulation 8 with Part 2 of Schedule 2 prescribes the information that has to be contained in proposals made by a local education authority.

Regulation 9 prescribes the time within which proposals made pursuant to the publication of a notice and those made by a local education authority must be published.

Regulation 10 prescribes the manner in which the details of proposals that it has received or made itself must be published by a local education authority, the requirement to make copies of proposals available for inspection and also those bodies to whom copies of proposals should be sent.

Regulation 11 prescribes the steps to be taken by a local education authority for the purpose of promoting public awareness of any proposals published by them.

Regulation 12 provides for the making of objections or comments to the local education authority in relation to published proposals and for the time period in which they may be made.

Regulation 13 provides for the submission of published proposals and objections and comments received to the school organisation committee and the time period in which that must be done.

Regulation 14 prescribes the persons or bodies whom the school organisation committee must consult before approving proposals with modifications.

Regulation 15 prescribes for the purposes of paragraphs 4(4), 9(3)(d) and (e) of Schedule 10 to the Act, the types of proposals to which proposals made pursuant to these Regulations may relate to and where they do, modifies the application of sub-paragraphs (1) and (2) of paragraph 4 of Schedule 10 to the Education Act 2005.

Regulation 16 prescribes the events which can be specified in a conditional approval.

Regulation 17 prescribes the only circumstances in which a school organisation committee must or may refer proposals or matters to the adjudicator.

Regulation 18 prescribes the manner in which a school organisation committee must consult the Secretary of State when the proposals consist of or include a proposal to establish an Academy.

Regulation 19 provides for the information which must be provided by the school organisation committee or adjudicator to various persons specified in regulation 19 in connection with published proposals.

Regulation 20 sets out the manner in which the school organisation committee must vote.

Regulation 21 prescribes that a local education authority may refer proposals to the school organisation committee if proposals which they could otherwise have determined, require a conditional approval.

Regulation 22 prescribes the process of publication of proposals where the local education authority or promoters wish to be relieved from the duty of implementing proposals where the implementation of proposals would be unreasonably difficult or circumstances have so altered since the publication of proposals that implementation would be unreasonably difficult.

Regulation 23 prescribes the persons who may request that the Secretary of State modifies approved proposals and those who may request that a later date by which an event specified in a conditional approval must occur and prescribes those whom a school organisation committee must consult before doing so.

Regulation 24 with Schedule 3, sets out how certain provision of the Act must be applied and modified in cases where proposals relate to a school which is proposed to be situated in an area other than that of the local education authority who published the notice.

Regulation 25 revokes the Education (Additional Secondary School Proposals) Regulations 2003 but sets out certain savings in relation to them.

Regulation 26 sets out technical amendments made to the Education (School Organisation Proposals) (England) Regulations 1999 on account of the coming into force of the provisions of the Act.