SCHEDULE 2 IMPLEMENTATION OF ESTABLISHMENT AND DISCONTINUANCE PROPOSALS

3 Proposals relating to voluntary aided schools
(1) This regulation applies to proposals which fall to be implemented under regulation 18 or 20 and relate to a voluntary aided school, or a proposed voluntary aided school.
(2) The proposals must be implemented—
(a) so far as relating to the provision of any relevant premises for a proposed school, by the relevant authority,
(b) in the case of discontinuance proposals made by proposers, by the proposers and the relevant authority, and
(c) otherwise by the proposers or, in the case of proposals made by the relevant authority, by the relevant authority.
(3) In sub-paragraph (2) “relevant premises” means—
(a) in the case of proposals published under section 66 of EA 2005, the site specified in the notice under that section, or playing fields, and
(b) in any other case, playing fields.
(4) Nothing in sub-paragraph (2) requires the relevant authority to provide any playing fields where—
(a) a new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals, and
(b) those playing fields—
(i) were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school), and
(ii) (if it was a foundation or voluntary school) were not provided by the authority.