Education Act 2002

Proposals for establishment, alteration and discontinuance of schools

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))”.