The Education (New Secondary School Proposals) (England) Regulations 2006

Related Proposals

15.—(1) For the purposes of paragraph 4(4) of Schedule 10, the prescribed description of proposals are—

(a) any proposals published under section 29 of the 1998 Act (proposals for the discontinuance of a school); or

(b) (i) any undetermined proposals published under Schedule 7 to the 2000 Act (inadequate sixth-Forms);

(ii) any undetermined proposals published under section 113A of the 2000 Act (restructuring of sixth-form education) (1);

(iii) any undetermined proposals made under section 51 of the 1992 Act (publication of proposals) where such proposals are made either with a view to meeting recommendations made in the report of an area inspection under section 65 of the 2000 Act, or with a view to promoting one or more of the relevant objectives referred to in section 113A(2)(b) of the 2000 Act; and

(iv) any direction under paragraph 3(2) or 4(2) of Schedule 11 to the Act

and proposals are “undetermined” if they have not been withdrawn and—

(a) they have not been approved or rejected under paragraph 4 of Schedule 10 to the Act, under paragraph 9 or 10 of Schedule 11 to the Act, under paragraph 3 of Schedule 6 to the 1998 Act, or under Schedule 7 or 7A to the 2000 Act; or

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

(c) the Secretary of State has not made a decision as to whether or not to make an order under section 16 or 27 of the 1992 Act

as the case may be.

(2) In respect of proposals which are related to the proposals prescribed under paragraph (1)(a)—

(a) paragraph 4(1) of Schedule 10 to the Act shall have effect as though for the words “The proposals” there were substituted “(a) all proposals which are related to proposals of a prescribed description”;

(b) after the word “considered” there were inserted the words “simultaneously and”;

(c) at the end there were inserted “in accordance with the provisions of this Schedule”; and

(d) after (a) there were inserted—

“(b) where any related proposals have already been referred to the adjudicator pursuant to paragraph 4(2)(d) of Schedule 10, all proposals which are related to proposals published under section 29 of the 1998 Act must be referred to the adjudicator for determination together.”.

(3) In respect of proposals which are related to the proposals prescribed under paragraph (1)(b), paragraph 4(2) of Schedule 10 to the Act shall have effect as though—

(a) in paragraph 4(2), for the words “The committee” there were substituted “Subject to paragraph (2A), the committee”; and

(b) after paragraph 4(2) there were inserted—

“(2A) The requirement to make a determination under sub-paragraph (2) applies only if at the time when the school organisation committee’s determination falls to be made under that paragraph, they are satisfied that the proposals are not related to any of the proposals prescribed in paragraph (4)(1)(b).”.

(4) In deciding whether any proposals are related, the school organisation committee must have regard to any guidance given by the Secretary of State.

(5) For the purposes of paragraph 9(3)(d) of Schedule 10, the prescribed proposals are those published pursuant to paragraph 5 of the School Organisation Proposals by the Learning and Skills Council for England Regulations 2003(2).

(6) For the purposes of paragraph 9(3)(e) of Schedule 10, the prescribed description of proposals are where such proposals are made—

(a) with a view to meeting recommendations made in the report of an area inspection under section 65 of the 2000 Act; or

(b) with a view to promoting one or more of the relevant objectives referred to in section 113A(2)(b) of the 2000 Act.

(1)

Section 113A of the 2000 Act was inserted by section 72 of the 2002 Act.

(2)

S.I. 2003/507.