The School Organisation (Transitional Provisions) (England) Regulations 2007

Consideration of proposals

7.—(1) Proposals which require consideration under this regulation, other than proposals to which regulation 16 applies, must be considered in the first instance by the relevant authority, or, where regulation 9 applies, by the adjudicator.

(2) Paragraphs (3) and (4) apply in relation to the relevant authority unless the authority is required by any of regulations 9, 10 or 12 to refer the proposals to the adjudicator.

(3) In a case where the proposals were published under section 66 of EA 2005 and two or more sets of proposals were published, the authority may—

(a) reject all the proposals,

(b) approve any of the proposals without modification, or

(c) approve any of the proposals with such modifications as the authority think desirable, after consulting the following persons:

(i) the proposers or the authority who made the proposals; and

(ii) where the proposals are to establish a new foundation, foundation special or voluntary school, the authority who it is proposed should maintain the school;

(4) in any other case, the authority may—

(a) reject the proposals,

(b) approve any of the proposals without modification, or

(c) approve any of the proposals with such modifications as the authority think desirable, after consulting the persons specified in regulation 7(3) (c) and—

(i) where the proposals were published by the governing body of a school, the authority who maintain the school; and

(ii) where the proposals were published by the authority to discontinue a school, the governing body of the school.

(5) Any approval given under this regulation may be expressed to take event only if one of the following events occurs by a specified date—

(a) the grant of planning permission under Part 3 of the Town and Country Planning Act 1990 (1);

(b) the acquisition of the site on which a new school is to be constructed;

(c) the acquisition of playing fields to be provided for the school;

(d) the securing of any necessary access to a site referred to in sub-paragraph (b) or playing fields referred to in sub-paragraph (c);

(e) the private finance credit approval given by the Department for Education and Skills following the entering into of a private finance contract by a local education authority;

(f) the entering into an agreement for any necessary building project supported by the Department for Education and Skills in connection with the programme known as “Building Schools for the Future”;

(g) the making of any scheme relating to any charity connected with the school;

(h) the formation of any federation (within the meaning of section 24(2) of the EA 2002) of which it is intended that the proposed school should form part, or the fulfilling of any other condition relating to the proposed school forming part of a federation;

(i) the Secretary of State giving approval under regulation 5(4) of the Education (Foundation Body) (England) Regulations 2000(2) to an application that a foundation body shall be established and that the school shall form part of a group for which a foundation body shall act;

(j) the Secretary of State making a declaration under regulation 22(3) of the Education (Foundation Body) (England) Regulations 2000 that the school should form part of a group for which a foundation body acts;

(k) in the case of mainstream schools, the agreement to any change to admission arrangements of any other school or schools specified in the approval;

(l) the establishment of any foundation meeting the requirements of section 23A of SSFA 1998(3);

(m) the making of any agreement under section 482 of EA 1996(4) for the establishment of an Academy;

(n) in the case of proposals to establish a maintained school in place of an existing independent school, the securing of approval by the Secretary of State to relax the requirements of the Education (School Premises) Regulations 1999(5) as provided for by section 543 (1) of EA 1996;

(o) in the case of proposals to establish any other maintained school, the securing of approval by the Secretary of State to relax the requirements of the Education (School Premises) Regulations 1999 in respect of school playing fields as provided for by section 543 (1) of EA 1996;

(p) in the case of proposals whose funding is dependent upon capital receipts from the disposal of any school land or buildings, the securing of consent from the Secretary of State for the disposal as provided for by paragraph 2 of Schedule 35A to EA 1996(6) or section 77 of SSFA 1998, or determination in accordance with Schedule 22 to the SSFA 1998 as applicable; and

(q) where the proposals in question depend upon any of the events specified in paragraphs (a) to (p) occurring by a specified date in relation to proposals relating to any other school or proposed school, the occurrence of such an event.

(6) Part 1 of Schedule 1 to these Regulations has effect for specifying the modifications to which this Part of these Regulations are to be subject where proposals published under section 66 of EA 2005 relate to a school which is proposed to be situated in an area other than that of the authority who published the notice.

(7) Part 2 of Schedule 1 to these Regulations has effect for specifying the modifications to which this Part of these Regulations are to be subject where proposals published under section 28, 28A, or 31 of SSFA 1998 relate to a school which is proposed to be established in an area other than that of the authority who it is proposed should maintain the school.

(1)

1990 c.8.

(2)

S.I. 2000/2872.

(3)

Section 23A was inserted by section 33 of the Act.

(4)

Section 482 was inserted by section 65 of the Education Act 2002 (c.32)

(5)

S.I. 1999/2.

(6)

Schedule 35A was inserted by Schedule 7 to the Education Act 2002 (c.32).