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The Education (Maintained Special Schools) (England) Regulations 1999

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Regulation 16

SCHEDULE 4PROVISIONS OF SECTION 31 AND SCHEDULE 6 APPLYING TO PROPOSALS PUBLISHED UNDER PARAGRAPH 5(4) OF SCHEDULE 6

The provisions of the Act specified in the left hand column of the table below shall have effect in relation to proposals published under paragraph 5(4) of Schedule 6 and, where modifications are specified in the right hand column of the table, shall have effect with those modifications.

ProvisionModification
Section 31(3).

That subsection shall have effect as if for paragraphs (a) and (b) and the words “as may be prescribed” there were substituted–

contain–

(a)the information contained in the original proposals; and

(b)a statement as to why it is proposed that paragraph 5(1) of Schedule 6 should not apply in relation to the original proposals,

and in this section “the original proposals” means the proposals to which it is proposed that paragraph 5(1) of Schedule 6 should not apply.

Section 31(4).That subsection shall have effect as if for the words “under this section” there were substituted “under paragraph 5(4) of Schedule 6”.
Section 31(5).

That subsection shall have effect as if for the words “under this section” there were substituted “under paragraph 5(4) of Schedule 6” and for paragraph (b) there were substituted–

(b)a copy of the information sent to the committee under regulations under this subsection when the original proposals were published (or, where the original proposals were published before 1st September 1999, any information sent to the Secretary of State in connection with the proposals); and

(c)the information prescribed in Schedule 3 to the Education (Maintained Special Schools) (England) Regulations 1999 which would have been applicable if the original proposals had been published at the time when the proposals under paragraph 5(4) of Schedule 6 were published..

Section 31(7)That subsection shall have effect as if for the words “or (6) applies to such other bodies or persons as may be prescribed” there were substituted “applies to any bodies or persons to whom a copy of the original proposals were sent either pursuant to regulations under this subsection or (where the original proposals were published before 1st September 1999) pursuant to regulations under section 183 of the Education Act 1993 or section 339 of the Education Act 1996.”
Section 31(9).That subsection shall have effect as if for the words “the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be)” there were substituted the words “the local education authority or governing body who, in accordance with paragraph 5(4) of Schedule 6, published the proposals”.
Schedule 6 –
Paragraph 1.That paragraph shall have effect as if in sub-paragraph (1) for the words “published under section 28, 29 or 31” there were substituted the words “published under paragraph 5(4)”.
Paragraph 2.

That paragraph shall have effect as if–

  • in sub-paragraph (1) for “section 28, 29 or 31” there were substituted “paragraph 5(4)”;

  • in sub-paragraph (2)(a) for “such period as may be prescribed” there were substituted “two months from the date on which the proposals were published”;

  • in sub-paragraph (2)(b) for “such period as may be prescribed” there were substituted “one month from the end of the objection period”;

  • in sub-paragraph (3) for “such period as may be prescribed” there were substituted “two months from the date on which the proposals were published”.

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