The Education (Allocation of Grant-maintained and Grant-maintained Special Schools to New Categories) Regulations 1998

Governing body’s final decision

14.—(1) Within the period of five school days following the date on which the final decision referred to in regulation 13 is taken, the governing body shall inform the persons referred to in paragraph (2) in writing, and notify the Secretary of State, of that final decision(1).

(2) The persons referred to in paragraph (1) are—

(a) the local education authority for the area in which the school is situated; and

(b) in the case of a Church school, the appropriate diocesan authority; and

(c) any person holding land on trust for the purposes of the school.

(3) The governing body’s notification to the Secretary of State referred to in paragraph (1) shall give the information referred to in sub-paragraphs (a) to (e) and certify the matters referred to in sub-paragraph (f)—

(a) the name and address of the school;

(b) the existing and indicative category in respect of the school;

(c) the governing body’s preliminary decision and the date of the meeting at which the governing body took that decision;

(d) where there was a ballot required to be held pursuant to regulation 8, the category for the school which was favoured by the result (if any) of the ballot;

(e) the final decision and the date it was taken; and

(f) where notice of the governing body’s meeting to consider their preliminary decision was required to be given under regulation 3(3)(b), that the notice was given to the persons referred to in regulation 3(3)(b)(i) or (ii) or both as appropriate.

(4) Where the final decision or a ballot result is for a category of schools other than the school’s indicative allocation, the governing body shall provide the Secretary of State with a copy of any representations, indicating the maker of any representations, received by the clerk to the governing body in response to the notice given under regulation 3(3)(b).

(5) The governing body of a school shall inform registered parents of registered pupils at the school of the final decision taken pursuant to regulation 13—

(a) in cases where no ballot was required to be held, on or before 1st April 1999; or

(b) in cases where a ballot was required to be held, within the period of five school days following the date on which the final decision was taken.

(1)

By paragraph 7 of Schedule 2 to the Act, the Secretary of State is to notify the governing body of each school within paragraph 2 of the Schedule of the category to which it is allocated in accordance with that paragraph. Under that paragraph, if the final decision accords with the school’s indicative allocation and either the result (if any) of any ballot is not to disagree with that allocation or no ballot is required to be held, the school is to be allocated to the category provided for by its indicative allocation. If the final decision or the result of a ballot does not accord with the school’s indicative allocation, the school is to be allocated to such category (whether or not that provided for by its indicative allocation) as the Secretary of State may determine in conformity with these Regulations.