Education and Inspections Act 2006

19 (1) Where any proposals have been made under section 15 by the relevant authority and paragraph 7 does not require the proposals to be considered under paragraph 8, the authority must (subject to the following provisions of this paragraph) determine whether the proposals should be implemented. E+W

(2) Any determination under sub-paragraph (1) must be made within a prescribed period.

(3) The requirement to make a determination under sub-paragraph (1) only applies if, at the time when the proposals fall to be considered, the relevant authority are satisfied that the proposals do not relate to any proposals under section 113A of the Learning and Skills Act 2000 (c. 21) which fall to be determined by the Secretary of State but have not yet been determined by him.

(4) The requirement to make a determination under sub-paragraph (1) does not apply where the proposals appear to the relevant authority to be related to—

(a) other proposals published under section 15 and not yet determined,

[F1 (aa) proposals published under section 7 that require consideration under paragraph 8 and are not yet determined,]

(b) proposals published under section F2 ... 10 or 11 and not yet determined, or

(c) proposals published under Schedule 7 to the Learning and Skills Act 2000 and not yet determined.

(5) In deciding for the purposes of this paragraph whether proposals are related to other proposals, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

(6) Where, in the case of any proposals falling within sub-paragraph (1)—

(a) the authority fail to make a determination under that sub-paragraph within the period mentioned in sub-paragraph (2), or

(b) the requirement to make such a determination does not apply by virtue of sub-paragraph (3) or (4),

the proposals require consideration under paragraph 8 and, in a case falling within paragraph (a), must be referred to the adjudicator.

Textual Amendments

F1 Sch. 2 para. 19(4)(aa) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 10(16)(a); S.I. 2012/84, art. 3 (with art. 4)

F2 Word and comma in Sch. 2 para. 19(4)(b) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 10(16)(b); S.I. 2012/84, art. 3 (with art. 4)

Commencement Information

I1 Sch. 2 para. 19 in force at 1.4.2007 by S.I. 2007/935, art. 5(aa)