SCHEDULES

SCHEDULE 4 School organisation committees

Proceedings

5

1

Regulations may make provision as to the meetings and proceedings of a committee.

2

Regulations under this paragraph may in particular—

a

provide that, in any prescribed circumstances, the members within each category of members of a committee are to have collectively a single vote;

b

require all decisions of a prescribed description which are taken by a committee (in accordance with regulations made by virtue of paragraph (a)) to be unanimous decisions of those voting.

3

Regulations under this paragraph must, however, include provision—

a

for the members within each category of members of a committee to have collectively a single vote in relation to any decision to which this sub-paragraph applies;

b

requiring any such decision which is taken by a committee to be a unanimous decision of those voting.

4

Sub-paragraph (3) applies to any decision of a committee as to whether or not—

a

to give any approval under section 26(5) or to prepare such a plan as is mentioned in section 26(6)(d)(ii);

b

to give any approval under paragraph 3 of Schedule 6 or to—

i

modify any proposals,

ii

specify any date, or

iii

make any determination,

under paragraph 5(2)(a) or (b) or (3) of that Schedule;

c

to make, vary or revoke a transitional exemption order under paragraph 21 of that Schedule F5or under paragraph 14 of Schedule 11 to the Education Act 2005;

d

to give any approval under F6paragraph 9 of Schedule 11 to the Education Act 2005;

e

F1to make any decision authorised by or by virtue of paragraph 6 of Schedule 23.

5

Where regulations under paragraph 2(2) of Schedule 8 provide for either of the following provisions, namely paragraph 3 or 5(2)(a) of Schedule 6, to have effect in relation to proposals published under paragraph 2 or 3 of Schedule 8, the reference to that provision in sub-paragraph (4) above shall include a reference to it as it so has effect.

6

The validity of any proceedings of a committee shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

7

Subject to any provision made by or under this Schedule, a committee may regulate their own procedure.

8

When taking any decision a committee shall have regard (so far as relevant) to the obligations which, by virtue of—

a

Part III of the M1Sex Discrimination Act 1975,F2. . .

b

Part III F3or section 71of the M2Race Relations Act 1976, F4or

c

Chapter 1 of Part 4 of the Disability Discrimination Act 1995,

are owed by any local education authority or governing body which will be affected by the decision.