School Standards and Framework Act 1998

Determination by LEA whether to implement proposals E+W

4 (1) Where any proposals have been published by a local education authority under section 28, 29 or 31 and either— E+W

(a) no objections were made in accordance with paragraph 2, or

(b) all objections so made were withdrawn in writing within the [F1 objection period] [F1 representation period],

then (subject to the following provisions of this paragraph) the authority shall determine whether the proposals should be implemented.

(2) Any determination under sub-paragraph (1) must be made within the period of four months beginning with the date of publication of the proposals (as determined in accordance with regulations); and the authority shall notify the relevant committee of any determination made by them under sub-paragraph (1).

(3) The requirement to make a determination under sub-paragraph (1) in the case of any proposals only applies if, at the time when the authority’s determination falls to be made under that sub-paragraph, they are satisfied that the proposals are not related to any of the following, namely—

(a) any undetermined proposals published under section 28(2) to establish a new foundation or voluntary school in the area of the authority;

(b) any undetermined proposals published under section 28(2), 29(2) or 31(2) by the governing body of a [F2 community,] foundation, voluntary or foundation special school in the area of the authority;

(c) any undetermined proposals published by the authority which, by virtue of sub-paragraph (1)(a) of paragraph 3, require approval under that paragraph; [F3 or]

(d) any order under paragraph 2(2) or 3(2) of Schedule 7 [F4 [F5 or]

(e) any undetermined proposals published under Schedule 7 to the Learning and Skills Act 2000.]

[F6 (f) any undetermined proposals published under section 113A of the Learning and Skills Act 2000, if those proposals are relevant proposals for the purposes of paragraph 3(2A);

(g) any undetermined proposals made under section 51 of the Further and Higher Education Act 1992, if those proposals are relevant proposals for those purposes; or

(h) any direction under section 71 of the Education Act 2002]

(4) For the purposes of sub-paragraph (3) proposals are “undetermined” if they have not been withdrawn and—

(a) they have not been approved or rejected under paragraph 3 [F7 of this Schedule, under paragraph 8 or 9 of Schedule 7 or under Schedule 7 [F8 or 7A] to the Learning and Skills Act 2000], or

(b) the authority have not determined under this paragraph whether to implement them,[F9 or

(c) the Secretary of State has not made a decision as to whether or not to make an order under section 16 or 27 of the Further and Higher Education Act 1992,]

as the case may be; and when deciding under sub-paragraph (3) whether any proposals are related to other proposals the authority shall have regard to any guidance given from time to time by the Secretary of State.

[F10 (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.]

(5) Where, in the case of any proposals within sub-paragraph (1)—

(a) the authority fail to make a determination under that sub-paragraph within the period mentioned in sub-paragraph (2), [F11 or]

(b) the requirement to make such a determination does not apply by virtue of sub-paragraph (3),[F12 or]

[F12 (c) the authority refer the proposals to the relevant committee,]

the proposals require approval under paragraph 3.

Textual Amendments

F1 Words in Sch. 6 para. 4(1)(b) substituted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 4(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 5)

F2 Words in Sch. 6 para. 4(3)(b) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 115(3)(a) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

F3 Word in Sch. 6 para. 4(3)(c) repealed (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwise prosp.) by 2000 c. 21, ss. 153, 154(3)-(5), Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F4 Sch. 6 para. 4(3)(e) and the word preceding it inserted (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwise prosp.) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 89(1)(2); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F5 Word in Sch. 6 para. 4(3)(d) repealed (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

F6 Sch. 6 para. 4(3)(f)-(h) inserted (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 115(3)(b) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

F7 Words in Sch. 6 para. 4(4)(a) substituted (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwise prosp.)by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 89(1)(3); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F8 Words in Sch. 6 para. 4(4)(a) inserted (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 115(4)(a) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

F9 Sch. 6 para. 4(4)(c) and preceding word inserted (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 115(4)(b) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

F10 Sch. 6 para. 4(4A) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 4(3) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 5)

F11 Word in Sch. 6 para. 4(5)(a) repealed (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

F12 Sch. 6 para. 4(5)(c) and preceding word inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 4(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 5)