SCHEDULE 4SCHOOLS SITUATED OUTSIDE THE AREA OF THE LOCAL EDUCATION AUTHORITY WHO MAINTAIN THEM
3
Paragraph 35 of Schedule 7 shall have effect as if—
a
for sub-paragraph (l) there were substituted the following sub-paragraph—
l
The school organisation committee (“committee A”) shall consider the proposals and shall, after seeking and, unless the school organisation committee for the area of the local education authority in which the school is situated (“committee B”) have failed to reach a decision as what recommendation to give, obtaining the recommendation of committee B—
a
reject the proposals;
b
approve them without modification; or
c
approve them subject to modifications;
b
in sub-paragraph (2) for “a school organisation committee” there were substituted “committee A”.
c
after sub-paragraph (4) there were inserted the following sub-paragraphs—
4A
Where under sub-paragraph (1) the recommendation of committee B is sought, that committee, in deciding what recommendation to give, shall have regard to—
a
any guidance given from time to time by the Secretary of State; and
b
the school organisation plan for the committee’s area.
4B
Where—
a
under sub-paragraph (1) the recommendation of committee B is sought;
b
the decision on what recommendation to give to committee A is required to be unanimous by regulations under paragraph 5 of Schedule 4 to the School Standards and Framework Act 1998; and
c
committee B have failed to reach a decision on what recommendation to give,
committee B shall inform committee A of that fact.
d
for sub-paragraph (5) there were substituted the following sub-paragraph—
5
Committee A shall refer proposals to the adjudicator if—
a
the committee votes on a decision in relation to the proposals and;
i
the decision is required to be unanimous by regulations under paragraph 5 of Schedule 4 to the School Standards and Framework Act 1998, but
ii
the result of the vote is not unanimous;
b
the committee vote not to accept the recommendation of committee B; or
c
the committee have been informed by committee B under sub-paragraph (4B) that committee B is unable to reach a decision on what recommendation to give,
e
after sub-paragraph (6) there shall be inserted the following sub-paragraph—
6A
Sub-paragraph (6) shall not apply to committee B.
f
for sub-paragraph (7) there were substituted the following sub-paragraph—
7
Where any proposals are referred to the adjudicator—
a
he shall consider the matter afresh;
b
he shall—
i
reject the proposals;
ii
approve them without modification, or
iii
approve them subject to modifications after consulting the Council, the local education authority who maintain the school and the governing body of the school;
c
sub-paragraph (4) shall apply to the adjudicator as it applies to committee A; and
d
in considering proposals the adjudicator shall have regard to—
i
any guidance given from time to time by the Secretary of State; and
ii
the school organisation plans for the areas of committee A and committee B;