Part 2Establishment, discontinuance or alteration of schools

Alterations to schools

I121Proposals under section 19: procedure

1

Regulations may make provision about the publication and determination of proposals under section 19 (“proposals”).

2

The provision that may be made includes provision—

a

about the information to be included in, or provided in relation to, the proposals;

b

about consultation on the proposals;

c

about the manner in which proposals are to be published under section 19;

d

for the making of objections to or comments on the proposals;

e

requiring the proposals to be considered with related proposals published under section 19 or any other enactment;

f

for the consideration and determination of the proposals by a prescribed person (who may be the person who published the proposals);

g

for the referral of proposals to the adjudicator in prescribed cases for consideration and determination by him (instead of by a person prescribed by virtue of paragraph (f));

h

for the referral of proposals to the adjudicator, at the request of a prescribed person, after their initial determination by a person other than the adjudicator;

i

for the approval of proposals with or without modification;

j

for the making in prescribed cases of a conditional approval;

k

for the withdrawal of proposals;

l

as to the manner in which, and time within which, anything required or authorised by the regulations must be done.

3

The regulations may confer functions on the F1local authority, on any other F1local authority affected by the proposals, on the governing body of the school concerned and on the adjudicator.

4

Regulations made by virtue of subsection (2)(g) may enable the Secretary of State by direction to require proposals to be referred to the adjudicator.

5

In relation to any proposals for a school to cease to be an establishment which admits pupils of one sex only, regulations under this section may enable the F1local authority or the adjudicator to make a transitional exemption order for the purposes of F2paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational), and to vary or revoke any order so made.

6

The regulations may require any person exercising functions under the regulations to have regard to any guidance given from time to time by the Secretary of State.