35(1)The school organisation committee shall consider the proposals and—E+W
(a)reject them,
(b)approve them without modification, or
(c)approve them subject to modifications [F1or]
[F1(d)if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator.]
(2)In considering proposals a school organisation committee shall have regard to—
(a)any guidance issued by the Secretary of State,
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any objections [F3or comments ] made in accordance with paragraph 34 and not withdrawn.
(3)Before approving proposals subject to modifications a school organisation committee shall consult such persons as may be prescribed.
(4)An approval under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time, the proposals shall [F4fall to be considered afresh under sub-paragraph (1)].
(5)A committee shall refer proposals to the adjudicator if—
(a)the committee votes on a decision in relation to the proposals,
(b)the decision is required to be unanimous by regulations under paragraph 5 of Schedule 4 to the M1School Standards and Framework Act 1998 (school organisation committees), and
(c)the result of the vote is not unanimous.
(6)A committee shall also refer proposals to the adjudicator if—
(a)by the end of the prescribed period the committee has not determined what action to take in relation to the proposals, and
(b)the Council requests that the proposals be referred to the adjudicator.
(7)Where proposals are referred to the adjudicator—
(a)he shall consider them afresh, and
(b)for that purpose, [F5sub-paragraphs (1)(a) to (c) and (2) to (4)] shall apply to him as they apply to the committee.
(8)The Council may withdraw proposals by notice in writing to the school organisation committee at any time before a determination has been made by the committee or the adjudicator.
Textual Amendments
F1Sch. 7 para. 35(1)(d) and word "or" inserted (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(2) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
F2Sch. 7 para. 35(2)(b) repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 3(b)
F3Words in Sch. 7 para. 35(2)(c) inserted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(3) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4S.I. 2007/3611, art. 4(1), Sch. Pt. 1
F4Words in Sch. 7 para. 35(4) substituted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4S.I. 2007/3611, art. 4(1), Sch. Pt. 1
F5Words in Sch. 7 para. 35(7) substituted (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 10 para. 13(5) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4S.I. 2007/3611, art. 4(1), Sch. Pt. 1
Modifications etc. (not altering text)
C1Sch. 7 para. 35 applied (with modifications) (1.4.2003) by The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 (S.I. 2003/507), regs. 1, 27, Sch. 5 para. 3
Commencement Information
I1Sch. 7 para. 35 wholly in force at 1.4.2002; Sch. 7 para. 35 not in force at Royal Assent see s. 154; Sch. 7 para. 35 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 35 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 35 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I
Marginal Citations
