Requirement to implement proposalsE+W
5(1)Where—E+W
(a)any proposals published under section 28, [F128A,] 29 or 31 have been approved under paragraph 3, or
(b)a local education authority have determined under paragraph 4 to implement any such proposals,
then (subject to the following provisions of this paragraph) the proposals shall be implemented, in the form in which they were so approved or determined, in accordance with Part III of this Schedule.
(2)At the request of any prescribed body or persons, the relevant committee—
(a)may modify the proposals after consulting such persons or bodies as may be prescribed; and
(b)where any approval under paragraph 3 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the event in question must occur.
(3)If the relevant committee are satisfied—
(a)that implementation of the proposals would be unreasonably difficult, or
(b)that circumstances have so altered since approval was given under paragraph 3 that implementation of the proposals would be inappropriate,
the committee may determine that sub-paragraph (1) shall cease to apply to the proposals.
(4)The committee may only make a determination under sub-paragraph (3) where proposals that they should do so have been published, in accordance with regulations, by the body or promoters who published the proposals referred to in sub-paragraph (1)(a) or (b); and regulations so made may provide for any of the provisions of sections 28, [F228A,] 29 and 31 and this Part of this Schedule to have effect in relation to any such further proposals with or without modifications.
(5)If—
(a)by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on any matter falling to be decided by them under this paragraph, and
(b)the body or promoters who published the proposals referred to in sub-paragraph (1)(a) or (b) request the committee to refer that matter to the adjudicator,
they shall refer that matter to the adjudicator.
(6)If the committee—
(a)have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under this paragraph by a unanimous decision, but
(b)have failed to reach such a decision on that matter,
they shall refer that matter to the adjudicator.
[F3(6A)The committee may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any matter which would otherwise fall to be determined by the committee under this paragraph.]
[F4(6B)If by the end of such period as may be specified in regulations, the committee have not decided any matter falling to be decided by them under this paragraph, they shall refer the proposals to the adjudicator.]
(7)Where any matter is referred to the adjudicator under [F5sub-paragraph (5) or (6)] [F5this paragraph]—
(a)he shall consider the matter afresh; and
(b)such of the provisions of sub-paragraphs (2) to (4) as are relevant shall apply to him in connection with his decision on that matter as they apply to the committee.
(8)Where—
(a)any approval under paragraph 3 was given in accordance with sub-paragraph (3) of that paragraph, and
(b)the event specified under that sub-paragraph does not occur by the date in question (whether as specified under that sub-paragraph or as specified under sub-paragraph (2)(b) above),
sub-paragraph (1) above shall cease to apply to the proposals.
(9)Where, by virtue of sub-paragraph (3)[F6 or (8)], sub-paragraph (1) ceases to apply to any proposals, those proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 3.
[F7(10)Where, by virtue of sub-paragraph (8), sub-paragraph (1) ceases to apply to any proposals approved by the relevant committee under paragraph 3, those proposals [F8fall to be considered afresh by the committee] under that paragraph.
(11)Where, by virtue of sub-paragraph (8), sub-paragraph (1) ceases to apply to any proposals approved by the adjudicator under paragraph 3, those proposals fall to be considered afresh by him under that paragraph (and sub-paragraph (7) of that paragraph shall accordingly apply).]
Textual Amendments
F1Word in Sch. 6 para. 5(1)(a) inserted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 13(6)(a); S.I. 2006/2129, art. 4
F2Word in Sch. 6 para. 5(4) inserted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 13(6)(a); S.I. 2006/2129, art. 4
F3Sch. 6 para. 5(6A) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 5(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3
F4Sch. 6 para. 5(6B) inserted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 13(6)(b); S.I. 2006/2129, art. 4
F5Words in Sch. 6 para. 5(7) substituted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 5(3) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3
F6Words in Sch. 6 para. 5(9) repealed (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 5(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3
F7Sch. 6 para. 5(10)(11) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 5(5) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3
F8Words in Sch. 6 para. 5(10) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 13(6)(c); S.I. 2006/2129, art. 4
Modifications etc. (not altering text)
C1Sch. 6 para. 5(4)(5) applied (with modifications) (E.) (1.9.2000) by S.I. 1999/2213, reg. 21(3) (as inserted by S.I. 2000/2198, reg. 8)
Commencement Information
I1Sch. 6 para. 5 wholly in force at 1.9.1999; Sch. 6 para. 5 not in force at Royal Assent see s. 145(3); Sch. 6 para. 5(4) in force for specified purposes at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; Sch. 6 para. 5 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).