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

1. Introductory Text

2. PART 1

   1. 1. Citation, commencement and application

   2. 2. Interpretation

3. PART 2 SSFA 1998EA 2005

   1. 3. Undetermined Proposals published under SSFA 1998 and EA 2005: general

   2. 4. Objections and comments

   3. 5. Consideration of proposals published under SSFA 1998 and EA 2005: general

   4. 6. Proposals requiring consideration under regulation 7

   5. 7. Consideration of proposals

   6. 8. Consideration of proposals that are related to other proposals

   7. 9. Duty to refer to the adjudicator certain proposals made by or involving relevant authority

   8. 10. Duty to refer proposals to the adjudicator where determination delayed

   9. 11. Reference to the adjudicator at request of aggrieved person after determination under regulation 7 (4)

   10. 12. Duty to refer related proposals

   11. 13. Withdrawal of proposals before determination

   12. 14. Effect of referring proposals to adjudicator

   13. 15. Proposals to establish Academies

   14. 16. Determination whether to implement discontinuance proposals not requiring consideration under regulation 7

   15. 17. Provision of information

   16. 18. Requirement to implement proposals, revocation and modification

   17. 19. Proposals not falling to be implemented

4. PART 3 SSFA 1998EA 2005

   1. 20. Requirement to Implement Proposals

   2. 21. Modification post determination

   3. 22. Revocation of proposals

   4. 23. Proposals not falling to be implemented

5. PART 4 SSFA 1998

   1. 24. Undetermined Proposals published under SSFA 1998 Act: general

   2. 25. Consideration of proposals published under SSFA 1998: general

   3. 26. Objections and Comments

   4. 27. Consideration and determination of proposals by the local education authority or the adjudicator

   5. 28. Provision for notification of decisions

   6. 29. Appeals to adjudicator

   7. 30. Related Proposals

   8. 31. Determination of proposals where the school is transferring to a different local education authority

   9. 32. Transitional exemption orders under the Sex Discrimination Act 1975

   10. 33. Conditional approvals

   11. 34. Withdrawal of Proposals

   12. 35. Requirement to Implement Proposals

   13. 36. Revocation of Proposals (after approval)

   14. 37. Modification post determination

   15. 38. Proposals not falling to be implemented

   16. 39. Unimplemented statutory proposals

   17. 40. Provisions applicable to proposals relating to change of category only

6. PART 5 SSFA 1998

   1. 41. Requirement to Implement Proposals

   2. 42. Modification post determination

   3. 43. Revocation of proposals (after approval)

   4. 44. Proposals not falling to be implemented

   5. 45. Unimplemented statutory proposals

   6. 46. Provisions applicable to proposals relating to change of category only

7. Signature

8. 1. SCHEDULE 1

      MODIFICATION OF PART 2 OF THESE REGULATIONS WHERE SCHOOLS ESTABLISHED OUTSIDE AREA OF RELEVANT LEA

      1. Part 1 Proposals published under section 66 of EA 2005 where school is to be established in area other than that of local education authority that published the notice

         1. 1. In relation to proposals published under section 66 of EA...

         2. 2. After regulation 3 (9) insert— (10) Where the notice published...

         3. 3. After regulation 4 (4) insert— (5) Local Education Authority A—...

         4. 4. For regulation 7 (3) substitute the following—

         5. 5. For regulation 10 substitute the following— If within 2 months from the end of the period...

      2. Part 2 Proposals published under section 28, 28A or 31 of SSFA 1998 where school is to be established in area other than that of local education authority who it is proposed should maintain the school

         1. 6. In relation to proposals published under section 28,28A or 31...

         2. 7. After regulation 3 (9) insert— (10) Where the proposed school...

         3. 8. After regulation 4 (4) insert— (5) Local Education Authority A...

         4. 9. For regulation 7 (4) substitute the following—

         5. 10. For regulation 10 substitute the following— If within 2 months from the end of the period...

   2. SCHEDULE 2

      IMPLEMENTATION OF ESTABLISHMENT AND DISCONTINUANCE PROPOSALS

      1. 1. Proposals relating to community schools, community special schools or maintained nursery schools

      2. 2. Proposals relating to foundation or voluntary controlled schools

      3. 3. Proposals relating to voluntary aided schools

      4. 4. Proposals relating to foundation special schools

      5. 5. Proposals relating to Academies

      6. 6. Provision of site and buildings for proposed foundation, voluntary controlled or foundation special school

      7. 7. Grants in respect of certain expenditure relating to proposed voluntary aided school

      8. 8. Assistance for proposers of proposed voluntary aided school

      9. 9. Duty to transfer interest in premises provided under paragraph 8

   3. SCHEDULE 3

      PROVISIONS APPLICABLE TO PROPOSALS RELATING TO A CHANGE OF CATEGORY

      1. 1. Revision or replacement of the school’s instrument of government

      2. 2. Reconstitution or replacement of the governing body

      3. 3. Current governors continuing in office

      4. 4. Surplus governors

      5. 5. Transfer of staff

      6. 6. (1) Subject to sub-paragraph (2), paragraph 5 applies to any...

      7. 7. Any person who before the implementation date has been appointed...

      8. 8. Where a school changes category from a voluntary controlled or...

      9. 9. (1) Subject to sub-paragraph (2), paragraph 8 apples to any...

      10. 10. Any person who before the implementation date has been appointed...

      11. 11. Paragraphs 5 to 10 are without prejudice to any right...

      12. 12. (1) This paragraph applies where a voluntary controlled school with...

   4. SCHEDULE 4

      LAND TRANSFERS WHEN A SCHOOL CHANGES CATEGORY

      1. 1. Where any land is transferred to and vests in any...

      2. 2. Rules relating to transfer

      3. 3. (1) This paragraph applies where any proposals that a community...

      4. 4. (1) This paragraph applies where any proposals that a community...

      5. 5. (1) This paragraph applies where any proposals that a voluntary...

      6. 6. (1) This paragraph applies where any proposals that a voluntary...

      7. 7. (1) This paragraph applies where any proposals that a community...

      8. 8. Outstanding transfers

      9. 9. Transfers of right to use land

      10. 10. Land excluded from transfers

      11. 11. Restrictions on disposal of land when proposals are pending

      12. 12. (1) During any period when the procedure for becoming a...

      13. 13. (1) During any period when the procedure for becoming a...

      14. 14. Provision of information

      15. 15. Division and apportionment of property

      16. 16. Identification of property, rights and liabilities

      17. 17. Resolution of disputes

      18. 18. Right to production of documents of title

      19. 19. Proof of title by certificate

      20. 20. Construction of agreements

      21. 21. (1) Without prejudice to the generality of paragraph 20 ,...

      22. 22. Third parties affected by vesting provisions

      23. 23. In this Schedule— “relevant purposes” means— in relation to a...

9. Explanatory Note