5(1)Regulations may make provision as to the meetings and proceedings of a committee.E+W
(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 [F1or under paragraph 14 of Schedule 11 to the Education Act 2005];
(d)to give any approval under [F2paragraph 9 of Schedule 11 to the Education Act 2005];
(e)[F3to 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.
Textual Amendments
F1Words in Sch. 4 para. 5(4)(c) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 11(a); S.I. 2006/2129, art. 4
F2Words in Sch. 4 para. 5(4)(d) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 11(b); S.I. 2006/2129, art. 4
F3Sch. 4 para. 5(4)(e) repealed (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)
6E+WThe 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.
7E+WSubject to any provision made by or under this Schedule, a committee may regulate their own procedure.
8E+WWhen 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,F4. . .
(b)Part III [F5or section 71]of the M2Race Relations Act 1976, [F6or
(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.
Textual Amendments
F4Word in Sch. 4 para. 8(a) repealed (1.9.2002) by 2001 c. 10, ss. 42(1)(6), 43(3), Sch. 8 Pt. 2 para. 23(2)(a), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
F5Words in Sch. 4 para. 8(b) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 30 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F6Sch. 4 para. 8(c) and the preceding word "or" inserted (1.9.2002) by 2001 c. 10, ss. 42(1), 43(3), Sch. 8 Pt. 2 para. 23(2)(b) (with s. 43(12)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
Marginal Citations