The Education (Change of Category of Maintained Schools) (England Regulations 2000

Determination by LEA whether to implement proposals

4.—(1) Where any proposals have been published by a local education authority under paragraph 2 of Schedule 8 and either—

(a) no objections were made in accordance with paragraph 2, or

(b) all objections so made were withdrawn in writing within the objection period,

then (subject to the following provisions of this paragraph) the authority shall determine whether the proposals should be implemented.

(2) Any determination under sub-paragraph (1) must be made within the period of four months beginning with the date of publication of the proposals and the authority shall notify the relevant committee, the governing body of the school which is the subject of the proposal and the Secretary of State of any determination made by them under sub-paragraph (1).

(3) The requirement to make a determination under sub-paragraph (1) in the case of any proposals only applies if, at the time when the authority’s determination falls to be made under that sub-paragraph, they are satisfied that the proposals are not related to any of the following, namely—

(a) any undetermined proposals published under section 28(2) to establish a new foundation or voluntary school in the area of the authority;

(b) any undetermined proposals published under section 28(2), 29(2) or 31(2) by the governing body of a foundation, voluntary or foundation special school in the area of the authority;

(c) any undetermined proposals published by the authority which, by virtue of sub-paragraph (1)(a) of paragraph 3, require approval under that paragraph;

(d) any order under paragraph 2(2) or 3(2) of Schedule 7;

(e) any undetermined proposals published under paragraph 2 or paragraph 3 of Schedule 8 to change the category of schools in the area of the local education authority, or

(f) the establishment of a foundation body or the joining of a group of schools for which a foundation body performs the functions set out in section 21(4).

(4) For the purposes of sub-paragraph (3) proposals are “undetermined” if they have not been withdrawn and—

(a) they have not been approved or rejected under paragraph 3 or under paragraph 8 or 9 of Schedule 7, or

(b) the authority have not determined under this paragraph whether to implement them,

as the case may be; and when deciding under sub-paragraph (3) whether any proposals are related to other proposals the authority shall have regard to any guidance given from time to time by the Secretary of State.

(5) Where, in the case of any proposals 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),

the proposals require approval under paragraph 3.