Office of Public Sector Information
Section 72
In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—
1 (1) This Schedule applies to proposals under section 113A which have been approved by the relevant authority under that section.
(2) The proposals shall (subject to the following provisions of this paragraph) be implemented in the form in which they were so approved, in accordance with this Schedule.
(3) At the request of any persons prescribed in regulations, the relevant authority—
(a) may modify the proposals after consulting such persons as may be prescribed, and
(b) where any approval was given subject to the occurrence of a specified event, may specify a later date by which the event in question must occur.
(4) If the relevant authority is satisfied, after consulting such persons as may be prescribed in regulations—
(a) that implementation of the proposals would be unreasonably difficult, or
(b) that circumstances have so altered since approval was given under section 113A that implementation of the proposals would be inappropriate,
it may determine that sub-paragraph (2) shall cease to apply to the proposal.
2 To the extent that the proposals are proposals to establish a school, they shall be implemented by the local education authority which it is proposed shall establish the school.
3 (1) To the extent that the proposals are proposals to make a prescribed alteration to a school, they shall be implemented in accordance with this paragraph.
(2) Where the proposals relate to a community school, they shall be implemented by the local education authority which maintains the school.
(3) Where the proposals relate to a voluntary aided school, they shall be implemented—
(a) so far as relating to the provision of any relevant premises, by the local education authority which maintains the school, and
(b) otherwise, by the governing body of the school.
(4) For this purpose “relevant premises” means—
(a) in relation to a local education authority in England, playing fields, and
(b) in relation to a local education authority in Wales—
(i) playing fields, or
(ii) buildings which are to form part of the school premises but are not to be school buildings (within the meaning of the Education Act 1996).
(5) Where the proposals relate to any other school, they shall be implemented by the local education authority which maintains the school and the governing body of the school, respectively, to such extent (if any) as the proposals provide for each of them to do so.
4 To the extent that the proposals are proposals to discontinue a school they shall be implemented—
(a) in the case of proposals relating to a community or community special school, by the local education authority which maintains the school, and
(b) in any other case, by the local education authority which maintains the school and the governing body of the school.
5 Where a local education authority are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.
6 Paragraph 17 of that Schedule (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under paragraph 3(3)(b) of this Schedule as it applies in relation to the obligations referred to in sub-paragraph (1)(a) of that paragraph 17.
7 Paragraph 18 of that Schedule (assistance from LEA in respect of voluntary aided schools) applies in relation to obligations imposed on the governing body of a voluntary aided school under this Schedule as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 18) applies accordingly.”
Section 75
1 Schedule 6 to the School Standards and Framework Act 1998 (c. 31) (procedure and implementation of statutory proposals) has effect subject to the following amendments.
2 (1) Paragraph 2 (objections) is amended as follows.
(2) In sub-paragraph (1), after “objections to” there is inserted “, or comments on, ”.
(3) In sub-paragraph (2)—
(a) in paragraph (a)—
(i) after “objections” there is inserted “or comments”, and
(ii) for ““the objection period”” there is substituted ““the representation period””, and
(b) in paragraph (b)—
(i) after “objections” there is inserted “or comments”, and
(ii) for “the objection period” there is substituted “the representation period”.
(4) In sub-paragraph (3), after “objections” there is inserted “or comments”.
3 (1) Paragraph 3 (approval of proposals) is amended as follows.
(2) In sub-paragraph (1)(a)(i), for “objection period” there is substituted “representation period”.
(3) In sub-paragraph (2), at the end there is inserted “or
(d) if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator.”
(4) After sub-paragraph (6) there is inserted—
“(6A) Where the committee reject proposals published by promoters for the establishment of a new foundation or voluntary school, the committee shall, if the promoters so request, refer the proposals to the adjudicator.
(6B) Sub-paragraph (6A) does not apply in relation to proposals published—
(a) by the Diocesan Board of Education for a diocese of the Church of England, or
(b) by or on behalf of the Bishop and Trustees of a diocese of the Roman Catholic Church.
(6C) Where the committee reject proposals to make an alteration to a school which are published by the governing body of the school under section 28, and—
(a) the school is of a prescribed description, and
(b) the alteration is of a prescribed description,
the committee shall refer the proposals to the adjudicator if the governing body so request.”
(5) In sub-paragraph (7)—
(a) for “sub-paragraph (5) or (6)” there is substituted “this paragraph”, and
(b) after “sub-paragraphs (2) to (4)” there is inserted “(other than sub-paragraph (2)(d))”.
4 (1) Paragraph 4 (determination by LEA whether to implement proposals) is amended as follows.
(2) In sub-paragraph (1)(b), for “objection period” there is substituted “representation period”.
(3) After sub-paragraph (4) there is inserted—
“(4A) The authority may, if they think it appropriate to do so and subject to regulations, refer to the relevant committee any proposals which would otherwise fall to be determined by the authority under this paragraph.”
(4) In sub-paragraph (5), after paragraph (b) there is inserted “or
(c) the authority refer the proposals to the relevant committee,”.
5 (1) Paragraph 5 (requirement to implement proposals) is amended as follows.
(2) After sub-paragraph (6) there is inserted—
“(6A) The committee may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any matter which would otherwise fall to be determined by the committee under this paragraph.”
(3) In sub-paragraph (7), for “sub-paragraph (5) or (6)” there is substituted “this paragraph”.
(4) In sub-paragraph (9), the words “or (8)” shall cease to have effect.
(5) After that sub-paragraph there is inserted—
“(10) Where, by virtue of sub-paragraph (8), sub-paragraph (1) ceases to apply to any proposals approved by the relevant committee under paragraph 3, those proposals shall be regarded as requiring fresh approval under that paragraph.
(11) Where, by virtue of sub-paragraph (8), sub-paragraph (1) ceases to apply to any proposals approved by the adjudicator under paragraph 3, those proposals fall to be considered afresh by him under that paragraph (and sub-paragraph (7) of that paragraph shall accordingly apply).”
6 (1) Paragraph 10 (requirement to implement proposals in Wales) is amended as follows.
(2) In sub-paragraph (6), the words “or (5)” shall cease to have effect.
(3) After that sub-paragraph there is inserted—
“(7) Where, by virtue of sub-paragraph (5), sub-paragraph (1) ceases to apply to any proposals, those proposals shall be regarded as requiring fresh approval under paragraph 8.”
7 Schedule 7 to the School Standards and Framework Act 1998 (c. 31) (procedure on proposals for rationalisation of school places) has effect subject to the following amendments.
8 In paragraph 7 (objections)—
(a) in sub-paragraph (1), after “objections to” there is inserted “, or comments on, ”, and
(b) in sub-paragraph (2), after “Objections” there is inserted “or comments”.
9 (1) Paragraph 8 (approval of proposals) is amended as follows.
(2) In sub-paragraph (2), after “must” there is inserted “(subject to sub-paragraph (2A))”.
(3) After that sub-paragraph there is inserted—
“(2A) The committee may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any proposals which would otherwise fall to be dealt with by them under sub-paragraph (2).”
(4) In sub-paragraph (7), for “sub-paragraph (5) or (6)”, in both places, there is substituted “this paragraph”.
10 In paragraph 9 (local inquiry), in sub-paragraph (1)—
(a) for “paragraph 8(5) or (6)” there is substituted “paragraph 8”, and
(b) in paragraph (c), after “objections” (in both places) there is inserted “or comments”.
11 Schedule 7 to the Learning and Skills Act 2000 (c. 21) (procedure on proposals in relation to inadequate sixth forms) has effect subject to the following amendments.
12 In paragraph 34, after “objections to” there is inserted “, or comments on,”.
13 (1) Paragraph 35 (consideration of proposals by school organisation committee) is amended as follows.
(2) In sub-paragraph (1), at the end there is inserted “or
(d) if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator.”
(3) In sub-paragraph (2)(c), after “objections” there is inserted “or comments”.
(4) In sub-paragraph (4), for “be treated as being rejected at that time” there is substituted “fall to be considered afresh under sub-paragraph (1)”.
(5) In sub-paragraph (7), for “sub-paragraphs (1) to (4)” there is substituted “sub-paragraphs (1)(a) to (c) and (2) to (4)”.
14 In paragraph 37 (referral of questions to adjudicator), after sub-paragraph (2) there is inserted—
“(2A) A committee may, where they think it appropriate to do so and subject to regulations, refer to the adjudicator the question mentioned in sub-paragraph (1).”
15 In paragraph 42 (consideration of proposals in Wales), in sub-paragraph (4), for “be treated as being rejected at that time” there is substituted “fall to be considered afresh under sub-paragraph (1)”.
Education Act 2002