10(1)The relevant authority must refer to the adjudicator, within a prescribed time—E+W
[F1(a)all the proposals published under section 7 in response to a notice under that section and which—
(i)would otherwise require consideration by the authority under paragraph 8, and
(ii)consist of or include proposals which relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);]
(b)any proposals under section 10 or 11 which—
(i)are made by the relevant authority, or
(ii)relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2).
(2)A foundation falls within this sub-paragraph if it is to be established otherwise than under SSFA 1998 and any of the following applies—
(a)the relevant authority or any person appointed by the relevant authority is to be a member of the foundation,
(b)any person appointed by the relevant authority is to be a [F2charity trustee (within the meaning of the Charities Act 2011)] of the foundation, or
(c)any voting rights in the foundation are to be exercisable by the relevant authority or persons appointed by the relevant authority.
(3)Regulations may make provision for the making by the relevant authority to the adjudicator of objections to any proposals which are required to be referred to the adjudicator under this paragraph.
Textual Amendments
F1Sch. 2 para. 10(1)(a) substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 10(12); S.I. 2012/84, art. 3 (with art. 4)
F2Words in Sch. 2 para. 10(2)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 110 (with s. 20(2), Sch. 8)
Modifications etc. (not altering text)
C1Sch. 2 modified (E.) (25.5.2007) by The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 (S.I. 2007/1288), reg. 1(1), Sch. 7
Commencement Information
I1Sch. 2 para. 10 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)