The Education (Allocation of Grant-maintained and Grant-maintained Special Schools to New Categories) Regulations 1998

Ballots of parents

12.—(1) Paragraph (3) applies where, within the period of ten school days beginning with the date on which the outcome of the ballot is determined, the Secretary of State receives a complaint about the ballot on any of the grounds referred to in paragraph (2) from any of the following—

(a) any ten or more registered parents of registered pupils at the school;

(b) the governing body of the school;

(c) the local education authority for the area in which the school is situated;

(d) in the case of a Church school, the appropriate diocesan authority; and

(e) any person holding land on trust for the purposes of the school.

(2) The grounds referred to in paragraph (1) are the following grounds—

(a) that any requirements of regulation 9 or 10 have been contravened in the case of a ballot held pursuant to regulation 8;

(b) that persons other than those eligible to vote in a ballot held pursuant to regulation 8 have purported to vote in the ballot so held; or

(c) that persons who are eligible to vote in a ballot so held had been prevented or hindered from doing so, or from doing so freely in accordance with their own opinions, by any other person.

(3) Where it appears to the Secretary of State that any of the grounds referred to in paragraph (2) apply and that voting in a ballot is likely to have been influenced to a significant extent as a result, he may by notice given to the governing body of the school and the ballot administration company—

(a) declare the ballot void; and

(b) require that a fresh ballot be held before such date as he may specify in the notice.

(4) Where the Secretary of State declares the ballot void and requires that a fresh ballot be held, regulations 9(1), (2) and (4), 10, 11 and this regulation shall apply to that fresh ballot as they apply in respect of the ballot so declared void.