SCHEDULES

SCHEDULE 21Minor and consequential amendments

115

I11

Schedule 6 to the School Standards and Framework Act 1998 (establishment etc of schools) is amended as follows.

I12

In paragraph 3, after sub-paragraph (2) there is inserted—

2A

The requirement to make a decision under sub-paragraph (2) in the case of proposals of a prescribed description only applies if, at the time when the decision falls to be made under that sub-paragraph, the committee are satisfied that the proposals do not relate to any relevant proposals.

2B

In sub-paragraph (2A), “relevant proposals” means proposals of a description prescribed for the purposes of this sub-paragraph.

2C

In deciding for the purposes of sub-paragraph (2A) whether any proposals are related the relevant committee shall have regard to any guidance given from time to time by the Secretary of State.

3

In paragraph 4(3)—

I2a

in paragraph (b), after “body of a” there is inserted “ community, ”, and

I1b

after paragraph (e) there is inserted—

f

any undetermined proposals published under section 113A of the Learning and Skills Act 2000, if those proposals are relevant proposals for the purposes of paragraph 3(2A);

g

any undetermined proposals made under section 51 of the Further and Higher Education Act 1992, if those proposals are relevant proposals for those purposes; or

h

any direction under section 71 of the Education Act 2002

I14

In paragraph 4(4)—

a

in paragraph (a), after “or under Schedule 7” there is inserted “ or 7A ”, and

b

after paragraph (b) there is inserted

or

c

the Secretary of State has not made a decision as to whether or not to make an order under section 16 or 27 of the Further and Higher Education Act 1992,

5

In paragraph 12 (implementation of proposals relating to community or maintained nursery schools)—

a

in sub-paragraph (1), for the words from “proposed” to the end there is substituted “ maintained nursery school or a proposed such school ”, and

b

in sub-paragraph (2) there is inserted at the end “ or, in the case of proposals published by the governing body of a community school under section 28(2)(b), by the local education authority who maintain the school ”.