The School Organisation Proposals by the Learning and Skills Council for England Regulations 2001

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

10.—(1) This regulation prescribes periods for the purposes of paragraphs 35(6) and 37(1) of Schedule 7, (which provide that, if by the end of a prescribed period a school organisation committee has not determined what action to take and if the Council so requests, the committee shall refer the proposals or question to the adjudicator, and such reference is made in accordance with regulation 14).

(2) For the purposes of paragraph 35(6) of Schedule 7 the period, subject to paragraph (4), is the period ending two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 34 of Schedule 7 and regulation 7(2), or (if later) two months from the date on which the committee receive the information referred to in regulation 5.

(3) For the purposes of paragraph 37(1) of Schedule 7 the period, subject to paragraph (4), is the period ending—

(a) where the question relates to a request for modification of proposals, one month from the date which the committee notify bodies whom they consult (pursuant to paragraph 36(2)(a) of Schedule 7 and regulation 11(2)) is to be the date by which responses to the consultation must be received;

(b) where the question relates to a request to substitute a later time, one month from the date of the request (pursuant to paragraph 36(2)(b) of Schedule 7); and

(c) where the question relates to a proposal for the committee to make a determination under paragraph 36(2)(c) of Schedule 7, two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 7 of Schedule 3 to these regulations, or (if later) two months from the date on which the committee receive the information specified in paragraph 5 of that Schedule.

(4) Where in the opinion of the committee proposals or a question such as are referred to in paragraphs (2) or (3) (“proposal A”) are related to proposals published under section 28, 29 or 31 of the 1998 Act, or to a matter such as is mentioned in paragraph 5 of Schedule 6 to that Act (“proposal B”) and the period relating to proposal A prescribed under paragraph (2) or (3) would end earlier than the period prescribed in relation to proposal B in regulations made under paragraph 3(5) or 5(5) or Schedule 6 to the 1998 Act, the period relating to proposal A shall expire at the same time as the period relating to proposal B.