Diocesan Boards of Education Measure 2021

Amendment or revocation E

9 (1) A scheme under section 3 may be amended or revoked; and the scheme must, subject to sub-paragraph (2), make provision as to the procedure for doing so. E

(2) An amendment to a scheme under section 3 has effect only if—

(a) the DBE has consented to it, and

(b) it is approved by the diocesan synod.

(3) A scheme under section 3 may be supplemented by a further scheme under that section (which may itself be amended or revoked).

(4) In the application of this paragraph to a scheme under section 4, sub-paragraph (2)(b) has effect as if the reference to the diocesan synod were a reference to each of the diocesan synods concerned.

10 (1) Where a scheme under section 3 is revoked, the body which the scheme had designated as the DBE ceases to be the DBE; and the diocesan synod must secure that a scheme of a kind coming within sub-paragraph (3) will come into operation immediately after the revocation. E

(2) Where a scheme under section 4 is revoked, the body which the scheme had designated as the joint DBE ceases to be the joint DBE; and each of the diocesan synods concerned must secure that a scheme of the kind coming within sub-paragraph (3) will come into operation immediately after the revocation.

(3) A scheme comes within this sub-paragraph if it is—

(a) a scheme under section 3 designating a body as the DBE for the diocese;

(b) a scheme under section 4 made with one or more other diocesan synods designating a body as the joint DBE for the diocese and the other diocese or dioceses concerned;

(c) a scheme under section 4 made with one or more other diocesan synods designating an existing joint DBE as the DBE for the diocese too.

(4) In the case of a scheme under section 4, a diocesan synod may give reasonable notice in writing to the other diocesan synod or synods concerned that it no longer wishes the joint DBE to be the DBE for that diocese.

(5) Where a diocesan synod has given (and not withdrawn) notice under sub-paragraph (4) on the expiry of which there would be only one diocese for which the joint DBE was designated as the DBE, the scheme under section 4 is revoked on the expiry of the notice and sub-paragraph (2) applies accordingly.

(6) Where a diocesan synod has given (and not withdrawn) notice under sub-paragraph (4) on the expiry of which there would still be at least two dioceses for which the joint DBE was designated as the DBE—

(a) the joint DBE ceases on the expiry of the notice to be the joint DBE for the diocese whose diocesan synod gave the notice,

(b) that diocesan synod must secure that a scheme of a kind coming within sub-paragraph (3) will come into operation immediately after the expiry of the notice, and

(c) the other diocesan synods must make a scheme to amend or supplement the scheme under section 4 so far as they consider necessary or appropriate to enable the joint DBE to continue to operate.

(7) The revocation of a scheme under section 3 or 4 has effect only if the scheme under section 3 or 4 which is to come into operation immediately after the revocation is approved by the diocesan synod.

(8) Section 4(9) does not apply to this paragraph.