The Education (School Organisation Proposals) (England) (Amendment) Regulations 2003

Amendment of Principal Regulations

13.  In Schedule 1—

(a) under the heading “ALTERATIONS FOR WHICH PROPOSALS MUST BE PUBLISHED” there shall be inserted—

“PART I

ALTERATIONS WHERE PROPOSALS ARE REFERRED TO IN REGULATION 3(1)”;

(b) in paragraph 2(3) the definitions of “admission number” and “relevant age group” shall be omitted; and

(c) for paragraph 3 there shall be substituted the following paragraph —

“3.   The alteration of the upper age limit by a year or more, except —

(a) an alteration which consists of providing or ceasing to provide education for pupils over compulsory school age who are repeating a course of education completed before they reach compulsory school age; or

(b) an alteration resulting from persons beginning to be provided with education falling within section 80(1) of the Act.

In this paragraph “the upper age limit” in relation to a school means the highest age of pupils for whom education is normally provided at the school.”;

(d) after paragraph 3 there shall be inserted the following paragraph—

“3A.   The alteration of the lower age limit such that, when taken with all previous such alterations (if any) taking place since the appropriate date, the lower age limit is at least a year lower than the lower age limit on the appropriate date.

In this paragraph —

“the lower age limit” in relation to the school means the lowest age of pupils for whom education is normally provided at the school; and

“the appropriate date” means whichever is the latest of the following dates —

(a)

the date falling five years before the date on which the local education authority or, as the case may be, the governing body, form the intention to make the alteration in question;

(b)

the date on which the school was established;

(c)

where any proposals for the making of a significant change of character of the school or a prescribed alteration to the school consisting of a change in the lower age limit has been approved under any of the provisions mentioned in paragraph 1 above, the date (or latest date) on which any such proposals were implemented; and

(d)

where the local education authority have determined to implement any proposals for the making of a significant change in the character of the school or a prescribed alteration to the school consisting of a change in the lower age limit under section 12(7) of the Education Act 1980(1), section 38 of the Education Act 1996(2) or paragraph 4 of Schedule 6, the date (or latest date) on which any such proposals were implemented.”;

(e) after paragraph 10 there shall be inserted the following—

“PART II ALTERATIONS WHERE PROPOSALS ARE REFERRED TO IN REGULATION 3(2)

11.   An enlargement such as is mentioned in paragraph 1.

12.   An increase in the number of pupils such as is mentioned in paragraph 2.

13.   The alteration of the upper age limit so as to provide sixth form education other than such an alteration resulting from persons being provided with education falling within section 80(1) of the Act.

In this paragraph “the upper age limit” in relation to a school means the highest age of pupils for whom education is normally provided at the school”.

(1)

1980 c. 20.

(2)

1996 c. 56.