The Education (Maintained Special Schools) (England) Regulations 1999

Period after the expiry of which proposals must be referred to the adjudicator if requested

11.—(1) This regulation prescribes periods for the purposes of paragraphs 3(5) and 5(5) of Schedule 6 and paragraph 8(5) of Schedule 7 (which provide that if, by the end of such period as may be specified in or determined in accordance with regulations, a school organisation committee has not voted on certain questions and if the bodies referred to in those paragraphs so request, the committee shall refer the proposals or matter to the adjudicator) where the proposals relate to a maintained special school.

(2) For the purposes of paragraph 3(5) of Schedule 6 the period, subject to paragraph (5), is the period ending–

(a) where proposals were published by a local education authority, two months from the date on which the committee receive from the local education authority under paragraph 2(2)(b) of Schedule 6 and regulation 8(3), copies of all objections made together with the authority’s observations on them; and

(b) where proposals were published by a governing body, two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 2(3) of Schedule 6 and regulation 8(2);

or, if later, two months from the date on which the committee receive the information referred to in regulation 6.

(3) For the purposes of paragraph 5(5) of Schedule 6 the period, subject to paragraph (5), is the period ending–

(a) where the matter is a request for modification of proposals, one month from the date which the committee notify persons whom they consult (pursuant to paragraph 5(2) of Schedule 6 and regulation 12(3)) is to be the date by which responses to the consultation must be received;

(b) where the matter is a request to specify a later date, one month from the date of the request; and

(c) where the matter is a proposal for the committee to make a determination under paragraph 5(3) of Schedule 6 to the Act,

(i) where the proposals were published by a local education authority, two months from the date on which the committee receive from the local education authority under paragraph 2(2)(b) of Schedule 6, as it has effect with the modifications specified in Schedule 4 to these Regulations, copies of the objections made together with the authority’s observations on them, and

(ii) where the proposals were published by a governing body, two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 2(3) of Schedule 6, as it has effect with the modifications specified in Schedule 4 to these Regulations, of, if later, two months from the date on which the committee receive the information specified in section 31(5) as it has effect with the modifications specified in Schedule 4 to these Regulations.

(4) For the purposes of paragraph 8(5) of Schedule 7 the period, subject to paragraph (5), is two months from the date on which objections must be sent to the committee under paragraph 7 of Schedule 7 and regulation 8(2).

(5) Where in the opinion of the committee any proposals or matter (“proposal A”) is related to other proposals or another matter (“proposal B”) and the period relating to proposal A determined in accordance with paragraph (2), (3) or (4) would end earlier than period relating to proposal B, then, despite paragraph (2), (3) or (4) the period relating to proposal A shall expire at the same time as the period relating to proposal B.