The Southwark London Borough Council (Prescribed Alteration) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order enables the Southwark London Borough Council (“the authority”) to change the age range of pupils at four community schools maintained by it (“the schools”) without having to publish statutory proposals. Under the Education (School Organisation Proposals) Regulations 1999, as amended (“the Regulations”), the alteration of the upper age limit (as defined in the Order) at the schools as proposed by the authority would constitute a “prescribed alteration” for the purposes of section 28(1) of the School Standards and Framework Act 1998. Such a prescribed alteration would require the publication of statutory proposals by the authority in accordance with section 28 and the Regulations. Section 33(1)(b) of the School Standards and Framework Act 1998 provides that no prescribed alteration can be made to a maintained school except in pursuance of proposals falling to be implemented under any enactment.

The Order is made under section 2 of the Education Act 2002, and in Article 2 exempts the Southwark London Borough Council from the duty to publish statutory proposals in respect of any alteration of the upper age limit at the schools. Article 3 provides that the Order has effect until 18 November 2007.