PART 3Savings and transitional provisions relating to proposals for the establishment and discontinuance of maintained schools published and determined under SSFA 1998 or EA 2005

Revocation of proposals22

1

Subject to paragraph (5), if the adjudicator is satisfied—

a

that implementation of the proposals would be unreasonably difficult, or

b

that circumstances have so altered since approval was given that implementation of the proposals would be inappropriate,

the adjudicator may determine that regulation 20(2) is to cease to apply to the proposals.

2

The adjudicator may only make a determination under paragraph (1) where proposals that he should do so have been published by the proposers or a local education authority (“revocation proposals”).

3

Revocation proposals must contain—

a

a description of the original proposals as published in accordance with sections 28, 28A, 29 or 31 of SSFA 1998 or section 66 of EA 2005;

b

the date of publication of the original proposals;

c

details of who published the proposals; and

d

a statement as to why it is proposed that, in accordance with paragraph (1), regulation 20 (2) should not apply in relation to the original proposals.

4

Revocation proposals must be published by—

a

posting them in a conspicuous place in the area to be served by the school,

b

where the original proposals were discontinuance proposals, by posting them at or near the main entrance to the school, or if there is more than one entrance, all of them, and

c

publishing them in at least one newspaper circulating in the area to be served by the school.

5

The local education authority or the proposers as the case may be must submit the revocation proposals within 1 week of the date of publication to the adjudicator.

6

Any person may object to or comment on revocation proposals and such objections and comments must be sent to the adjudicator within 6 weeks after the date of publication of such proposals.