The Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007

Review of instrument of government

7.—(1) The committee or the authority may review the instrument of government at any time after it is made.

(2) Where, on any review, the committee or the authority decide that the instrument of government should be varied, the committee or (as the case may be) the authority must notify the other of their proposed variation together with their reasons for proposing such a variation.

(3) Where the committee has received notification under paragraph (2), they must inform the authority whether or not they are content with the proposed variation and, if not content, their reasons.

(4) If—

(a) whichever of the committee and the authority is the recipient of a notification under paragraph (2) agrees with the proposed variation; or

(b) there is agreement between the authority and the committee that some other variation should be made instead,

the instrument of government must be varied accordingly by the authority.

(5) If paragraph (4) does not apply, the authority must—

(a) inform the committee of the reasons—

(i) why they are not content with the committee’s proposed variation, or as the case may be,

(ii) why they wish to proceed with their own variation; and

(b) give the committee a reasonable opportunity to reach agreement with them with regard to the variation, and

the instrument of government must be varied by them either in the manner agreed between them and the committee or (in the absence of such agreement) in such manner as they think fit.

(6) Where the instrument of government is varied under this regulation, it must set out the date on which the variation takes effect.