SCHEDULES

SCHEDULE 10 Establishment etc of schools: procedural changes

3

(1)

Paragraph 3 (approval of proposals) is amended as follows.

(2)

In sub-paragraph (1)(a)(i), for “objection period” there is substituted “ representation period ”.

(3)

In sub-paragraph (2), at the end there is inserted“or

(d)

if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator.”

(4)

After sub-paragraph (6) there is inserted—

“(6A)

Where the committee reject proposals published by promoters for the establishment of a new foundation or voluntary school, the committee shall, if the promoters so request, refer the proposals to the adjudicator.

(6B)

Sub-paragraph (6A) does not apply in relation to proposals published—

(a)

by the Diocesan Board of Education for a diocese of the Church of England, or

(b)

by or on behalf of the Bishop and Trustees of a diocese of the Roman Catholic Church.

(6C)

Where the committee reject proposals to make an alteration to a school which are published by the governing body of the school under section 28, and—

(a)

the school is of a prescribed description, and

(b)

the alteration is of a prescribed description,

the committee shall refer the proposals to the adjudicator if the governing body so request.”

(5)

In sub-paragraph (7)—

(a)

for “sub-paragraph (5) or (6)” there is substituted “ this paragraph ”, and

(b)

after “sub-paragraphs (2) to (4)” there is inserted “ (other than sub-paragraph (2)(d)) ”.