Education Act 2002

This section has no associated Explanatory Notes

3(1)Paragraph 3 (approval of proposals) is amended as follows.E+W

(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)) ”.

Commencement Information

I1Sch. 10 para. 3 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3 (with art. 5)

I2Sch. 10 para. 3 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1