The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007

Part I Mainstream schools

1.  A statement explaining the reason why the new school is considered necessary and whether it is to replace particular schools.

2.  A statement explaining:

(a) the location of the possible site (including details of whether the possible site is a single or split site) including, where appropriate, the postal address or addresses;

(b) the reason for the choice of site;

(c) the area or particular community or communities the school is expected to serve;

(d) the accessibility of the possible site (or, if it is a split site, the accessibility of the accommodation);

(e) the proposed arrangements for transport of pupils to the new school and a statement about other sustainable transport alternatives where pupils are not using transport provided, and how the local education authority will seek to discourage car use in the school area;

(f) the tenure (freehold or leasehold) on which the site will be held, and if the site is to be held on a lease, details of the proposed lease;

(g) the effect of paragraph 28 and paragraph 31 of Schedule 2 to the Act (that the local education authority must transfer their interest in the site, buildings or premises to the school’s trustees, foundation body, or governing body);

(h) where the new school is to be established in substitution for one or more discontinued grammar schools, a statement to that effect and that the school may be designated as a grammar school for the purposes of Chapter 2 of Part 3 of SSFA 1998; and

(i) an indication of the local education authority’s preference for the specialism which the school should have.

3.  The date on which the school should open and, where it is proposed that the proposals are to be implemented in stages, information about each stage and the dates on which each stage should be implemented.

4.  Information on—

(a) the number of pupil places the school should provide;

(b) the upper and lower age limits of the school;

(c) where it is intended that it should provide sixth form education, the number of pupils for whom it is intended that such education should be provided;

(d) where it is intended that it should make early years provision, the number of pupils for whom it is intended that such education should be provided;

(e) where it is intended that the school should provide for boarding pupils, the number of pupils for whom it is intended such facilities should be provided;

(f) the number of pupils to be admitted to the school in each relevant age group in the first school year in which the proposals will be implemented or, where it is intended that the proposals should be implemented in stages, the number of pupils to be admitted to the proposed school in each stage that the proposals will be implemented;

(g) whether it is proposed that the school should admit pupils of both sexes or boys or girls only and, in the case of a single sex school where it is intended to provide sixth form education, whether both sexes or boys or girls only are to be admitted to the sixth form;

(h) any extended services which the local education authority would like to see provided on the site of the school (whether by the local education authority, governing body or another party);

(i) whether the school should make provision which is recognised by the local education authority as reserved for children with special educational needs, and, if so, the range of special educational needs and the number of pupils for which provision is proposed; and

(j) the estimated capital costs of providing the school (such an estimate to be made in accordance with the guidance provided at pages 17 to 19 of Department for Education and Skills Guidance, “Education Building Projects - Information on Costs and Performance Data - Schools Building and Design Unit”, (reference DfES/0288/2003 (ISBN 1 84185 950 8) issued in April 2003).

5.  A statement explaining that proposals should be in line with requirements set out in paragraph 4 above, but that proposals that do not comply with all of the requirements but meet the need for places in the area will be considered.

6.  A statement giving—

(a) the address of the local education authority; and

(b) the name of the person to whom proposals should be addressed.

7.  A brief statement explaining the procedure to be followed after the date when proposals must be received by the local education authority.

8.  A statement that any proposals submitted in response to a competition notice must contain the information specified in Part 1 of Schedule 2 and that the information specified in Part 3 of Schedule 5 to these regulations will be published in accordance with regulation 8.

9.  A statement that the local education authority will meet the capital costs of implementing the proposals as specified in paragraph 4 (j) above or, if there is an agreement made under section 106 of the Town and Country Planning Act 1990(1), a statement setting out the buildings to be available, and the obligations to be entered into, on completion.

10.  A statement of any resources that the local education authority will make available to secure the provision of the services specified in paragraph 4 (h) above.

11.  Where the school will replace existing educational provision for children with special educational needs, a statement setting out how the local education authority believes the proposed new school is likely to lead to improvements in the standard, quality and range of the educational provision for these children.

12.  A statement to the effect that the statutory requirement to consult under section 9 (1) has been complied with, a summary of the views expressed and a statement of how full details of the consultation can be obtained.

(1)

1990 c.8.