The Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999 No. 704

PART III TRANSITIONAL PROVISIONS CONSEQUENT ON THE COMING INTO FORCE OF CHAPTER II OF PART II OF THE 1998 ACT (ESTABLISHMENT, ALTERATION OR DISCONTINUANCE OF SCHOOLS)

Implementation of proposals to make alterations to, or to discontinue, a school – further provisions

17.  Where regulation 16 applies–

(a) proposals published under section 35(1)(c) or (d) of the 1996 Act shall be treated for the purposes of the 1998 Act as proposals published under section 28(1)(b) of that Act;

(b) proposals published under section 41(2) of the 1996 Act relating to an aided or special agreement school shall be treated for the purposes of the 1998 Act as proposals published under section 28(2)(b) of that Act relating to a voluntary aided school;

(c) proposals published under section 41(2) of the 1996 Act relating to a controlled school shall be treated for the purposes of the 1998 Act as proposals published under section 28(2)(b) of that Act relating to a voluntary controlled school;

(d) proposals published under section 167 of the 1996 Act shall be treated for the purposes of the 1998 Act as proposals published by a local education authority under section 29(1) of that Act;

(e) proposals published under section 259 or 260 of the 1996 Act shall be treated for the purposes of the 1998 Act as published under section 28(1)(b) of the Act by a local education authority (where the relevant category of school is a community school) or under section 28(2)(b) of that Act by the governing body of the relevant category of school (in any other case) and in this sub-paragraph the “relevant category of school” is a community, foundation, voluntary aided or voluntary controlled school depending on the category to which the school in question was allocated on 1st September 1999.

(f) proposals published under section 267 or 268 of the 1996 Act shall be treated for the purposes of the 1998 Act as proposals published under section 29(1)(a) of the Act by a local education authority (where the relevant category of school is a community school) or under section 29(2) of that Act by the governing body of the relevant category of school (in any other case) and in this sub-paragraph “relevant category” has the same meaning as in sub-paragraph (e);

(g) proposals published under section 339(1)(b) or (c) of the 1996 Act shall be treated for the purposes of the 1998 Act as proposals published under section 31(1)(b) or (c) of that Act to make a prescribed alteration to, or discontinue, a community special school;

(h) proposals published under section 339(3) of the 1996 Act shall be treated, for the purposes of that Act as published under section 31(2) of that Act.