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

Conditional approvals

16.—(1) The following events are prescribed for the purposes of paragraph 4(5) of Schedule 10 (which provide that approvals given under those paragraphs may be expressed to take effect only if an event specified in the approval occurs by a date so specified)—

(a) the grant of planning permission under Part 3 of the Town and Country Planning Act 1990(1);

(b) the acquisition of the site on which a new school is to be constructed;

(c) the acquisition of playing fields to be provided for the school;

(d) the securing of any necessary access to a site referred to in sub-paragraph (b) or playing fields referred to in sub-paragraph (c);

(e) the private finance credit approval given by the Secretary of State for Education and Skills following the entering into of a private finance contract by a local education authority or the approval by the Secretary of State for Education and Skills of capital grant in an equivalent arrangement for voluntary aided schools;

(f) the entering into an agreement for any necessary building project supported by the Secretary of State for Education and Skills in connection with the programme known as “Building Schools for the Future”;

(g) the making of any scheme relating to any charity connected with the school;

(h) the formation of any federation (within the meaning of section 24(2) of the 2002 Act) of which it is intended that the proposed school should form part, or the fulfilling of any other condition relating to the proposed school forming part of a federation;

(i) the Secretary of State giving notice under regulation 5(4) of the Education (Foundation Body) (England) Regulations 2000(2) that a foundation body must be established and that the school must form part of a group for which a foundation body must act;

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

(k) the agreement to any change to admission arrangements specified in the approval, relating to another school; and

(l) where the proposals in question depend upon any of the events specified in paragraphs (a) to (k) occurring by a specified date in relation to proposals relating to any other school or proposed school, the occurrence of such an event.

(2) For the purposes of paragraph (1) (k) above a change in admission arrangements is agreed—

(a) in a case where the change arises from the admission arrangements for the school year in question being different from the admission arrangements for the previous school year, if the admission arrangements are determined under section 89(4) of the 1998 Act and either—

(i) no objection is made to the change in accordance with section 90 of the 1998 Act, or

(ii) if an objection to the change is made and referred to the adjudicator in accordance with section 90 of the 1998 Act, the objection is not upheld;

(b) in a case where the change arises from a variation made under section 89(5) of the 1998 Act or made under the Education (Variation of Admission Arrangements) (England) Regulations 2002(3) where the variation is required to be referred to the adjudicator, if the adjudicator determines that the variation should have effect without modifications; and

(c) in a case where the change arises from a variation made under those regulations where the variation is not required to be referred to the adjudicator, when the variation is made.

(1)

1990 c.8.

(2)

S.I. 2000/2872.

(3)

S.I. 2002/2898.