SCHEDULES

SCHEDULE 2 Proposals for establishment or discontinuance of schools in England

Part 2 Consideration of proposals by local education authority or adjudicator

Duty to refer to adjudicator certain proposals made by or involving relevant authority

10 (1) The relevant authority must refer to the adjudicator, within a prescribed time—

(a) all the proposals published under section 7 in response to a notice under that section, if they consist of or include any proposals which—

(i) are made by the relevant authority, or

(ii) relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);

(b) any proposals under section 10 or 11 which—

(i) are made by the relevant authority, or

(ii) relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2).

(2) A foundation falls within this sub-paragraph if it is to be established otherwise than under SSFA 1998 and any of the following applies—

(a) the relevant authority or any person appointed by the relevant authority is to be a member of the foundation,

(b) any person appointed by the relevant authority is to be a charity trustee (within the meaning of the Charities Act 1993 (c. 10)) of the foundation, or

(c) any voting rights in the foundation are to be exercisable by the relevant authority or persons appointed by the relevant authority.

(3) Regulations may make provision for the making by the relevant authority to the adjudicator of objections to any proposals which are required to be referred to the adjudicator under this paragraph.