The Education (School Organisation Proposals) (Wales) Regulations 1999

Review of Standard Number Decisions

11.—(1) This regulation makes provision, for the purposes of paragraph 10(7) of Schedule 23 to the Act, for enabling the Assembly—

(a) to review any relevant decision, that is to say a decision of the Assembly under paragraph 10(1) of that Schedule varying or, as the case may be, refusing to vary any standard number, and

(b) if appropriate, to revoke or vary that decision.

(2) The Assembly may carry out such a review of a relevant decision where it is satisfied, upon the application of the local education authority or the governing body, that—

(a) the decision was wrongly made by virtue of a material error of fact contained in the information provided to the Assembly in accordance with regulation 6(3), or

(b) there as an obvious error in the decision.

(3) No such application for the review of a relevant decision shall be made later than one month after the date on which the person mentioned in paragraph 8(3) or (4) of Schedule 23 who made the application to the Assembly for the decision was given written notice of that decision by the Assembly.

(4) Every application for a review of a relevant decision shall be by notice in writing setting out the grounds on which it is made; and the body making the application shall forthwith serve a copy of it on the governing body or (in a case where it was made by that body) the local education authority who, in either case, shall then be entitled, not later than 14 days after the date of service, to make written representations to the Assembly in relation to the application.

(5) If, having considered the application and any representations made as mentioned in paragraph (4), the Assembly determines that it is not satisfied as mentioned in paragraph (2) and that therefore the relevant decision does not fall to be reviewed, or (where the Assembly is so satisfied) that the relevant decision should be revoked or varied, the Assembly shall forthwith give written notice of that determination to the governing body and the local education authority.