The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe various matters relating to proposals for the establishment and discontinuance of schools pursuant to the provisions contained in Part 2 of the Education and Inspections Act 2006 (“the Act”).

Regulation 3 with Schedule 1 prescribes the information to be contained in a notice (“competition notice”) published by a local education authority inviting proposals for the establishment in a competition of a foundation, voluntary or foundation special school (other than one providing education suitable only to the requirements of persons above compulsory school age), or an Academy.

Regulation 4 prescribes the interval after which the date can be set for proposals in response to a competition notice to be sent to the local education authority.

Regulation 5 with Parts 1 and 2 of Schedule 5 prescribes the manner in which competition notices must be published by the local education authority.

Regulation 6 with Schedule 2 prescribes the information that has to be contained in proposals for the establishment of a new school made pursuant to a competition notice (including any proposals by the local education authority to establish a community or community special school).

Regulation 7 prescribes the time within which proposals made pursuant to the publication of a competition notice and those made by a local education authority must be published.

Regulation 8 with Parts 3 and 4 of Schedule 5 prescribes the manner in which details of proposals that they have received or made themselves in response to a competition notice must be published by a local education authority, the requirement to make copies of proposals available, and also those bodies to whom copies of proposals should be sent.

Regulation 9 prescribes the conditions which must be met and when they must be met before a local education authority can publish proposals for a community or community special school either with or without the consent of the Secretary of State. It also prescribes the matters to which the Secretary of State is to have regard in determining whether to give consent to the publication of proposals for a new community or community special school.

Regulation 10 prescribes the steps to be taken by a local education authority for the purpose of promoting public awareness of any proposals published under section 7 of the Act.

Regulation 11 with Schedule 3 prescribes the information to be contained in proposals for the establishment with the consent of the Secretary of State—

• by a local education authority of a new community or community special school, or a new foundation or foundation special school, (other than one providing education suitable only to the requirement of persons above compulsory school age); or,

• by other persons (proposers) for a new foundation, voluntary or foundation special school (other than one providing education suitable only to the requirements of persons above compulsory school age), or one in relation to which proposals fall to be published under section 11 of the Act.

Regulation 12 with Schedule 3 prescribes the information that has to be contained in proposals for the establishment—–

• by a local authority of a new maintained nursery school, or a new foundation or foundation special school providing education suitable only to the requirements of persons above compulsory school age; or

• by any persons to establish a new foundation, voluntary or foundation special school which is to provide education suitable only to the requirements of persons above compulsory school age, is to replace an independent school that is not an Academy, a city technology college or city college for the technology of the arts, or in the case of a new foundation special school, is to replace a non-maintained special school.

Regulation 13 with Parts 5 and 6 of Schedule 5 prescribes the manner in which the details of proposals made pursuant to sections 10 and 11 of the Act that they have received or made themselves must be published by the local education authority, the requirement to make copies available and also those bodies to whom copies of proposals should be sent.

Regulation 14 with Schedule 4 prescribes the information that has to be contained in proposals made to discontinue a maintained school either by a local education authority or the governing body.

Regulation 15 with Part 7 of Schedule 5 prescribes the manner in which the details of proposals to discontinue a school that they have received or made themselves must be published by the local education authority, the requirement to make copies available and also those bodies to whom copies of proposals must be sent.

Regulation 16 provides for the making of objections or comments to the local education authority in relation to published proposals and for the time period in which they may be made.

Regulation 17 prescribes the persons or bodies with whom the local education authority or the adjudicator must consult before approving proposals with modifications.

Regulation 18 prescribes in relation to proposals the time period in which a local education authority must determine whether to give approval under paragraph 8 (3) or 8 (4) of Schedule 2 to the Act.

Regulation 19 prescribes the period within which a local education authority must make a determination in relation to proposals to discontinue a school where there have been no objections to the proposals or any objections made have all been withdrawn.

Regulation 20 prescribes the events that may be specified in a conditional approval.

Regulation 21 prescribes the time within which the local education authority must refer matters to the adjudicator.

Regulation 22 prescribes the time within which requests made by an aggrieved person under paragraph 14 (1) of Schedule 2 to the Act must be made, and the time within which such requests must be referred to the adjudicator.

Regulation 23 prescribes the period of time in which related proposals must be referred to the adjudicator pursuant to paragraph 15 of Schedule 2 to the Act.

Regulation 24 prescribes the manner in which a local education authority must consult the Secretary of State where the proposals consist of, or include, a proposal to establish an Academy.

Regulation 25 prescribes the persons that must be notified of a decision taken under paragraph 8 or 21(4) of Schedule 2 to the Act.

Regulation 26 prescribes the information that must be contained in proposals that the original proposals should not be implemented and the manner of publication of such proposals. Schedule 6 to these Regulations modifies the application of Schedule 2 to the Act where proposals are published under paragraph 21(4) of Schedule 2 to the Act. Regulation 26 (5) provides that the local education authority must refer to the adjudicator paragraph 21(4) proposals (and the time within which they must be made) where the initial decision was made by him.

Regulation 27 prescribes cases that must be referred to the adjudicator, the time within which such referrals must be made and the persons who must be consulted before proposals are modified or a later date for a conditional approval is set under paragraph 21(2) of Schedule 2 to the Act.

Regulation 28 with Schedule 6 makes provision for references to the adjudicator by aggrieved persons following a determination by a local education authority under paragraph 21(4) of Schedule 2 to the Act.

Regulation 29 with Schedule 7 modifies sections 7, 10 and 11 of, and Schedule 2 to, the Act in relation to proposals to establish schools in an area outside the area of the relevant local education authority.

Regulation 30 makes transitional provision in relation to consultation undertaken before the coming into force of these Regulations.

Regulation 31 provides that the regulations set out in Schedule 8 are revoked. It is proposed that regulations to be made under section 31 of the Act will set out saving and transitional provisions in relation to proposals published before 25th May 2007 under previous enactments.