Schedules

Section 68

Schedule 4 E+W Establishment of new schools: amendments to Schedule 2 to the Education and Inspections Act 2006

Prospective

1 E+W Schedule 2 to the Education and Inspections Act 2006 (proposals for establishment or discontinuance of schools in England) is amended as follows.

Commencement Information

I1 Sch. 4 para. 1 not in force at Royal Assent, see s. 78(5)

Prospective

2 E+W In paragraph 1(1) (application of Schedule), omit “, 11”.

Commencement Information

I2 Sch. 4 para. 2 not in force at Royal Assent, see s. 78(5)

Prospective

3 E+W In paragraph 2 (meaning of “the relevant authority”), in paragraph (b) omit “, 11”.

Commencement Information

I3 Sch. 4 para. 3 not in force at Royal Assent, see s. 78(5)

Prospective

4 E+W Omit paragraph 3A (meaning of “Academy proposals” and “non-Academy proposals”) and the italic heading before it.

Commencement Information

I4 Sch. 4 para. 4 not in force at Royal Assent, see s. 78(5)

Prospective

5 (1) Paragraph 4 (references to persons by whom proposals are made) is amended as follows. E+W

(2) For paragraph (a), substitute—

“(a) proposals under section 7 are to be taken to be made—

(i) where the proposals are submitted to the relevant authority under subsection (4)(b) of that section, by the person who submitted them, and

(ii) where the proposals are published by the relevant authority in reliance on subsection (5)(aa) of that section, by the relevant authority, and”.

(3) In paragraph (b), omit “, 11”.

Commencement Information

I5 Sch. 4 para. 5 not in force at Royal Assent, see s. 78(5)

Prospective

6 E+W Omit paragraph 5A (consideration of proposals: distinction between Academy and non-Academy proposals).

Commencement Information

I6 Sch. 4 para. 6 not in force at Royal Assent, see s. 78(5)

Prospective

7 E+W In paragraph 6 (consideration of proposals), for “10 or 11” substitute “7 or 10”.

Commencement Information

I7 Sch. 4 para. 7 not in force at Royal Assent, see s. 78(5)

Prospective

8 E+W Omit paragraph 7A (consideration of Academy proposals).

Commencement Information

I8 Sch. 4 para. 8 not in force at Royal Assent, see s. 78(5)

Prospective

9 (1) Paragraph 8 (consideration of proposals: further provision) is amended as follows. E+W

(2) In sub-paragraph (2), after “proposals to” insert “the Secretary of State or”.

(3) After sub-paragraph (4) insert—

“(4A) Sub-paragraphs (3) and (4) are limited by provision made by or under paragraph 17A in relation to proposals for the establishment of an Academy.”

Commencement Information

I9 Sch. 4 para. 9 not in force at Royal Assent, see s. 78(5)

Prospective

10 E+W In paragraph 9 (consideration of proposals that are related to other proposals), in sub-paragraph (2A)(b), omit “, 11”.

Commencement Information

I10 Sch. 4 para. 10 not in force at Royal Assent, see s. 78(5)

Prospective

11 E+W In the italic heading before paragraph 10, after “refer to” insert “Secretary of State or”.

Commencement Information

I11 Sch. 4 para. 11 not in force at Royal Assent, see s. 78(5)

Prospective

12 (1) Paragraph 10 (duty to refer certain proposals to adjudicator) is amended as follows. E+W

(2) In sub-paragraph (1)—

(a) in the words before paragraph (a), for “adjudicator” substitute “appropriate person”,

(b) for paragraph (a) substitute—

“(a) all of the proposals published under section 7 which would otherwise require consideration by the authority under paragraph 8 where—

(i) some or all of the proposals are made by the authority, or

(ii) the proposals consist of or include proposals which relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);”, and

(c) in paragraph (b), omit “or 11”.

(3) In sub-paragraph (3), for “adjudicator” in both places it occurs, substitute “appropriate person”.

(4) After that sub-paragraph insert—

“(4) In this paragraph, “the appropriate person” means—

(a) in relation to proposals within sub-paragraph (1)(a), the Secretary of State;

(b) in relation to proposals within sub-paragraph (1)(b), the adjudicator.”

Commencement Information

I12 Sch. 4 para. 12 not in force at Royal Assent, see s. 78(5)

Prospective

13 E+W In the italic heading before paragraph 12, for “adjudicator” substitute “Secretary of State”.

Commencement Information

I13 Sch. 4 para. 13 not in force at Royal Assent, see s. 78(5)

Prospective

14 E+W In paragraph 12 (duty to refer proposals in pursuance of direction by Secretary of State), in sub-paragraph (1), for “adjudicator” substitute “Secretary of State”.

Commencement Information

I14 Sch. 4 para. 14 not in force at Royal Assent, see s. 78(5)

Prospective

15 E+W In the italic heading before paragraph 13, after “refer” insert “certain”.

Commencement Information

I15 Sch. 4 para. 15 not in force at Royal Assent, see s. 78(5)

Prospective

16 E+W For paragraph 13 (duty to refer proposals where determination delayed) substitute—

“13 (1) This paragraph applies where—

(a) proposals under section 10 or 15 are required to be considered under paragraph 8,

(b) paragraph 8(4) applies in relation to the proposals, and

(c) by the end of such period as may be prescribed the relevant authority have not determined whether to give any approval under paragraph 8(4).

(2) Where this paragraph applies, the relevant authority must within a prescribed time refer to the adjudicator the proposals concerned, together with any comments made on the proposals by the authority.”

Commencement Information

I16 Sch. 4 para. 16 not in force at Royal Assent, see s. 78(5)

Prospective

17 (1) Paragraph 14 (reference to adjudicator at request of aggrieved person) is amended as follows. E+W

(2) In sub-paragraph (1), omit “, 11”.

(3) In sub-paragraph (2)(c), omit “or 11”.

Commencement Information

I17 Sch. 4 para. 17 not in force at Royal Assent, see s. 78(5)

Prospective

18 (1) Paragraph 15 (duty to refer related proposals) is amended as follows. E+W

(2) In paragraph (a), for “7, 10, 11 or 15” substitute “10 or 15”.

(3) In paragraph (b), omit “, 11”.

Commencement Information

I18 Sch. 4 para. 18 not in force at Royal Assent, see s. 78(5)

Prospective

19 (1) Paragraph 16 (withdrawal of proposals before determination) is amended as follows. E+W

(2) In paragraph (b) of sub-paragraph (1)—

(a) after “referred to” insert “the Secretary of State or”, and

(b) for “the adjudicator”, in the second place it occurs, substitute “that person”.

(3) In the words after that paragraph, for “the adjudicator” substitute “the Secretary of State or the adjudicator, as the case may be”.

(4) In sub-paragraph (2)—

(a) after “writing to” insert “the Secretary of State or”, and

(b) for “the adjudicator”, in the second place it occurs, substitute “that person”.

Commencement Information

I19 Sch. 4 para. 19 not in force at Royal Assent, see s. 78(5)

Prospective

20 E+W In the italic heading before paragraph 17, after “to” insert “Secretary of State or”.

Commencement Information

I20 Sch. 4 para. 20 not in force at Royal Assent, see s. 78(5)

Prospective

21 E+W For paragraph 17 substitute—

“17 (1) This paragraph applies where any proposals are referred to the Secretary of State or to the adjudicator (“the decision-maker”) under any provision of this Part of this Schedule.

(2) The decision-maker must consider the proposals or, in a case where the proposals have previously been determined by the relevant authority, must consider them afresh.

(3) For the purposes of sub-paragraph (2), the following provisions apply in relation to the decision-maker as they apply in relation to the relevant authority—

(a) paragraph 8(3) or (4) (as the case may be);

(b) paragraph 8(5) and (6).

(4) For the purposes of sub-paragraph (2), paragraph 9 applies in relation to the decision-maker as it applies in relation to the relevant authority but—

(a) where the decision-maker is the Secretary of State, it applies as if sub-paragraph (2A)(b) of that paragraph (requirement to consider related proposals under section 10 or 15) were omitted;

(b) where the decision-maker is the adjudicator, it applies as if sub-paragraph (2A)(a) of that paragraph (requirement to consider related proposals under section 7) were omitted.

(5) The revocation of a direction under paragraph 12(1) does not affect the determination by the Secretary of State of any proposals referred to the Secretary of State before the revocation.”

Commencement Information

I21 Sch. 4 para. 21 not in force at Royal Assent, see s. 78(5)

22 E+W After paragraph 17 insert—

Proposals to establish Academy

17A (1) This paragraph applies in relation to proposals published under section 7 which consist of or include proposals to establish an Academy, other than proposals which have been referred to the Secretary of State under paragraph 10.

(2) The relevant authority must consult the Secretary of State about the proposals before taking any decision under paragraph 8.

(3) Regulations may make provision about requirements that apply in relation to the consultation under sub-paragraph (2) (including requirements as to the period within which the consultation must be carried out).

(4) The relevant authority may not approve under paragraph 8 proposals to establish a particular Academy unless the authority—

(a) has consulted the Secretary of State about the proposals under sub-paragraph (2), and

(b) has been notified by the Secretary of State in accordance with regulations that the Secretary of State would (if the proposals were approved) be willing to begin negotiations with a view to entering into Academy arrangements for the establishment of that particular Academy.

(5) Where the Secretary of State has notified the relevant authority that the Secretary of State’s willingness to begin negotiations is subject to modifications being made to the proposals, the authority may only approve the proposals under paragraph 8 with those modifications.

(6) Where the Secretary of State has notified the relevant authority that the Secretary of State’s willingness to begin negotiations is subject to the authority imposing conditions in connection with the approval of the proposals, the authority may only approve the proposals under paragraph 8 subject to those conditions.

(7) Sub-paragraphs (5) and (6) do not prevent the relevant authority approving the proposals with further modifications or conditions, provided that such modifications or conditions are not inconsistent with those required by the Secretary of State.

(8) If the proposals have been referred to the adjudicator under paragraph 10, 11, 13 or 15, the reference in sub-paragraph (2) to the relevant authority is to be read as a reference to the adjudicator.

(9) Sub-paragraphs (4) to (6) have effect in relation to a decision of an adjudicator under paragraph 8 as they have effect in relation to a decision of the relevant authority under that paragraph.

(10) Approval under paragraph 8 by the relevant authority or the adjudicator of proposals to establish an Academy does not oblige the Secretary of State to enter into, or seek to enter into, Academy arrangements.”

Commencement Information

I22 Sch. 4 para. 22 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)

Prospective

23 (1) Paragraph 19 (determination whether to implement proposals not requiring consideration under paragraph 8) is amended as follows. E+W

(2) In sub-paragraph (4)—

(a) for paragraph (aa) substitute—

“(aa) proposals published under section 7 that—

(i) require consideration under paragraph 8 and are not yet determined, and

(ii) are not required to be referred to the Secretary of State,”;

(b) in paragraph (b) omit “or 11”.

Commencement Information

I23 Sch. 4 para. 23 not in force at Royal Assent, see s. 78(5)

Prospective

24 (1) Paragraph 21 (requirement to implement proposals) is amended as follows. E+W

(2) In sub-paragraph (5), after “refer to” insert “the Secretary of State or”.

(3) After that sub-paragraph insert—

“(5A) Where the relevant authority have not yet taken a step required by this paragraph in relation to proposals published under section 7, the Secretary of State may give a direction to the authority requiring the authority to refer the matter to the Secretary of State.”

(4) In sub-paragraph (6), after “paragraph” insert “in relation to proposals under section 10 or 15”.

(5) In sub-paragraph (7)—

(a) in the words before paragraph (a)—

(i) after “referred to” insert “the Secretary of State or”, and

(ii) after “adjudicator” insert “(“the decision-maker”)”;

(b) in paragraph (a), for “adjudicator” substitute “decision-maker”;

(c) in paragraph (b), for “adjudicator” substitute “decision-maker”.

Commencement Information

I24 Sch. 4 para. 24 not in force at Royal Assent, see s. 78(5)

Prospective

25 (1) Paragraph 22 (proposals not falling to be implemented) is amended as follows. E+W

(2) In sub-paragraph (3), after “referred to” insert “the Secretary of State or”.

(3) After that sub-paragraph insert—

“(3A) Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the Secretary of State under paragraph 8, those proposals must be considered afresh by the Secretary of State under that paragraph (and paragraph 17 applies accordingly).”

Commencement Information

I25 Sch. 4 para. 25 not in force at Royal Assent, see s. 78(5)