Part 2

Establishment, discontinuance or alteration of schools

Alterations to schools

Proposals under section 19: procedure
21
1
Regulations may make provision about the publication and determination of proposals under section 19 (“proposals”).
2
The provision that may be made includes provision—
a
about the information to be included in, or provided in relation to, the proposals;
b
about consultation on the proposals;
c
about the manner in which proposals are to be published under section 19;
d
for the making of objections to or comments on the proposals;
e
requiring the proposals to be considered with related proposals published under section 19 or any other enactment;
f
for the consideration and determination of the proposals by a prescribed person (who may be the person who published the proposals);
g
for the referral of proposals to the adjudicator in prescribed cases for consideration and determination by him (instead of by a person prescribed by virtue of paragraph (f));
h
for the referral of proposals to the adjudicator, at the request of a prescribed person, after their initial determination by a person other than the adjudicator;
i
for the approval of proposals with or without modification;
j
for the making in prescribed cases of a conditional approval;
k
for the withdrawal of proposals;
l
as to the manner in which, and time within which, anything required or authorised by the regulations must be done.
3
The regulations may confer functions on the local authority, on any other local authority affected by the proposals, on the governing body of the school concerned and on the adjudicator.
4
Regulations made by virtue of subsection (2)(g) may enable the Secretary of State by direction to require proposals to be referred to the adjudicator.
5
In relation to any proposals for a school to cease to be an establishment which admits pupils of one sex only, regulations under this section may enable the local authority or the adjudicator to make a transitional exemption order for the purposes of paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational), and to vary or revoke any order so made.
6
The regulations may require any person exercising functions under the regulations to have regard to any guidance given from time to time by the Secretary of State.
S. 21 in force at 1.4.2007 by S.I. 2007/935, art. 5(c)
Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)
Words in s. 21(5) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 93 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2))