School Standards and Framework Act 1998

Part IV E+W Procedure for dealing with proposals under paragraph 5: England

Application of Part IV E+W

6 E+W This Part of this Schedule applies to proposals published under paragraph 5 which relate to an area in England.

Objections E+W

7 (1) Any person may make objections to[F1 , or comments on,] any proposals published under paragraph 5. E+W

(2) Objections [F2 or comments] under this paragraph—

(a) shall be sent to the school organisation committee for the area to which those proposals relate; and

(b) shall be so sent within such period as may be prescribed.

Textual Amendments

F1 Words in Sch. 7 para. 7(1) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 8(a) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 5)

F2 Words in Sch. 7 para. 7(2) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 8(b) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 5)

Modifications etc. (not altering text)

C1 Sch. 7 paras. 7-10 applied (with modifications) (1.6.2003) by Education Act 2002 (c. 32), ss. 71(7), 216(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 2

Approval of proposals E+W

8 (1) Proposals published under paragraph 5 require the approval of the school organisation committee under this paragraph or of the adjudicator under paragraph 9. E+W

(2) Where the school organisation committee receive a copy of the proposals published under paragraph 5, they must [F3 (subject to sub-paragraph (2A))] either—

(a) approve them without modification, or

(b) approve them with such modifications as the committee think desirable and to which the Secretary of State consents, or

(c) refer them to the adjudicator under sub-paragraph (5) or (6).

[F4 (2A) The committee may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any proposals which would otherwise fall to be dealt with by them under sub-paragraph (2).]

(3) Any approval given under this paragraph may, with the consent of the Secretary of State, be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(4) When deciding whether or not to give any approval under this paragraph the committee shall have regard to any guidance given from time to time by the Secretary of State.

(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 the question whether to give any approval under this paragraph, and

(b) the Secretary of State requests the committee to refer his proposals to the adjudicator,

they shall refer his proposals 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 have failed to reach such a decision on that matter, or

(b) have decided not to give any approval under this paragraph,

they shall refer the Secretary of State’s proposals to the adjudicator.

(7) Where any proposals are referred to the adjudicator under [F5 sub-paragraph (5) or (6)] [F5 this paragraph], the school organisation committee shall also refer to him—

(a) any other proposals published under paragraph 5 in relation to the area of the local education authority (and not withdrawn),

(b) any proposals made by that authority in the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), [F6 and]

(c) any proposals made by the governing body of any [F7 community] foundation, voluntary or foundation special school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn), [F8 and

(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).]

where those proposals are not determined before the adjudicator holds an inquiry under paragraph 9(1) and appear to the committee to be related to the proposals referred by them to the adjudicator under [F5 sub-paragraph (5) or (6)] [F5 this paragraph].

(8) Sub-paragraph (7) applies to any proposals within that sub-paragraph whether or not the proposals have been previously referred to the adjudicator by the committee.

(9) Sub-paragraph (1) does not prevent the Secretary of State from withdrawing any proposals published under paragraph 5 by notice in writing given to the school organisation committee at any time before the proposals are determined under this paragraph or paragraph 9.

(10) References in this paragraph to the determination of any proposals are to—

(a) any determination whether or not to approve the proposals under paragraph 3 of Schedule 6, sub-paragraph (2)(a) or (2)(b) above or paragraph 9(3) below, [F9 or]

(b) any determination whether or not to implement the proposals under paragraph 4 of Schedule 6 [F10 or

(c) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.]

Textual Amendments

F3 Words in Sch. 7 para. 8(2) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 9(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

F4 Sch. 7 para. 8(2A) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 9(3) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

F5 Words in Sch. 7 para. 8(7) substituted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 9(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

F6 Word after Sch. 7 Pt. IV para. 8(7)(b) 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)

F7 Word in Sch. 7 para. 8(7)(c) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 116 (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

F8 Sch. 7 Pt. IV para. 8(7)(d) 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. 90(1)(3) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F9 Word in Sch. 7 Pt. IV para. 8(10)(a) 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)

F10 Sch. 7 Pt. IV para. 8(10)(c) 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. 90(1)(4) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

Modifications etc. (not altering text)

C1 Sch. 7 paras. 7-10 applied (with modifications) (1.6.2003) by Education Act 2002 (c. 32), ss. 71(7), 216(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 2

Local inquiry into proposals E+W

9 (1) Where any proposals are referred to the adjudicator under [F11 paragraph 8(5) or (6)] [F11 paragraph 8], he shall hold a local inquiry to consider— E+W

(a) those proposals,

(b) any additional proposals referred to him under paragraph 8(7),

(c) any objections [F12 or comments] made (under paragraph 2 of Schedule 6 or paragraph 7 above) to any proposals within paragraph (a) or (b) above unless such objections [F12 or comments] have been withdrawn, and

(d) any views expressed by the school organisation committee on any such proposals.

(2) It shall not be open to the inquiry to question the principles specified in the order under paragraph 2(2) or 3(2).

(3) After holding the inquiry, the adjudicator must, in the case of any proposals considered at the inquiry, either—

(a) approve them with or without modifications, or

(b) reject them.

(4) Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(5) When deciding whether or not to give any approval under this paragraph, paragraph 8(4) shall apply to the adjudicator as it does to the committee.

Textual Amendments

F11 Words in Sch. 7 para. 9(1) substituted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 10(a) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 5)

F12 Words in Sch. 7 para. 9(1)(c) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 10(b) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 5)

Modifications etc. (not altering text)

C1 Sch. 7 paras. 7-10 applied (with modifications) (1.6.2003) by Education Act 2002 (c. 32), ss. 71(7), 216(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 2

C2 Sch. 7 para. 9 extended (1.6.1999) by S.I. 1999/1286, reg. 12(13).

Implementation of proposals E+W

10 E+W Proposals approved by the school organisation committee under paragraph 8 or by the adjudicator under paragraph 9 shall have effect as if they—

(a) had been made by the local education authority under their powers to make proposals for the establishment, alteration or discontinuance of schools, or

(b) in any case where the proposals are for the alteration of a foundation, voluntary or foundation special school, had been made by the governing body under their powers to make proposals for the alteration of their school,

and had been approved by the school organisation committee or the adjudicator, as the case may be, under paragraph 3 of Schedule 6.

Modifications etc. (not altering text)

C1 Sch. 7 paras. 7-10 applied (with modifications) (1.6.2003) by Education Act 2002 (c. 32), ss. 71(7), 216(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 2