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

Regulation 24

SCHEDULE 3 PROVISIONS OF SCHEDULE 10 APPLYING TO PROPOSALS PUBLISHED UNDER SECTION 66(13)

1.  In relation to proposals published under section 66 which relate to a school which is proposed to be situated in an area other than that of the local education authority who published the notice under section 66, Schedule 10 to the Act must have effect in accordance with the following modifications.

2.  For paragraph 3(1) substitute—

“3— (1) The local education authority—

(a) in cases where the notice published by the local education authority pursuant to section 66(1) specifies that the proposed school is to be situated in an area other than its own (“notice specific cases”), the local education authority must send complete copies of all published proposals that have not been withdrawn to the school organisation committee for the area of the local education authority who published the notice (“Committee A”) and to the school organisation committee for the area in which it is proposed that the school will be situated (“Committee B”); and

(b) in cases where the notice published by the local education authority pursuant to section 66(1) does not so specify that the proposed school is to be situated in an area other than their own, but a promoter includes this in his proposals (“non-notice specific cases”), the local education authority must send a copy of the proposals published by that promoter only to Committee B and complete copies of all published proposals that have not been withdrawn to Committee A”.

3.  In paragraph 3(2), omit sub-paragraph (b).

4.  After paragraph 3(2) insert—

“(2A) The local education authority—

(a) in notice specific cases, must send copies of all objections and comments received in accordance with regulations made pursuant to paragraph 3(2)(a) together with the proposals it sends in accordance with the modified paragraph 3(1)(a) to Committee A and Committee B within one week of the expiry of the time period specified in regulations for the making of objections and comments on the proposals; and

(b) in non-notice specific cases must send copies of any objections and comments received in accordance with regulations made pursuant to paragraph 3(2)(a) in respect only of the proposals sent by the local education authority under the modified paragraph 3(1)(b) to Committee B and copies of all objections and comments received on the proposals to Committee A.”

5.  For paragraph 4(1) for “the school organisation committee”, there must be substituted “Committee A”.

6.  For paragraph 4(2) there must be substituted the following sub-paragraph—

“(2) Subject to sub-paragraph (6)(b) and (c), Committee A may, after seeking and, unless Committee B have failed to reach a decision on what recommendation to give, obtaining the recommendation of Committee B—

(a) reject all the proposals;

(b) approve any of the proposals without modification;

(c) approve any of the proposals with such modifications as the committee think desirable after consulting the body who published the proposals and, where the proposals were published to establish a new foundation or voluntary school the local education authority who it is proposed should maintain, the school; or

(d) refer them to the adjudicator if—

(i) they have voted on the proposals; but

(ii) at least two groups of members (within the meaning of the Education (School Organisation Committees) (England) Regulations 1999 did not vote because members of each group had declared an interest in the proposals

and if they think it appropriate to do so.”.

7.  After paragraph 4(6), there must be substituted the following—

“(6A) Where under sub-paragraph (2), the recommendation of Committee B is sought, that committee in deciding what recommendation to give, must have regard to any guidance given from time to time by the Secretary of State.

(6B) Where—

(a) under sub-paragraph (2) the recommendation of Committee B is sought; and

(b) in accordance with regulations under paragraph 5 of Schedule 4 to the 1998 Act the question of what recommendation to give to Committee A falls to be decided by a unanimous decision; but

(c) Committee B have failed to reach a decision on what recommendation to give,

Committee B must inform Committee A of that fact.”.

8.  For paragraph 5(1) there must be substituted—

“5— (1) If Committee A—

(a) have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under this paragraph by a unanimous decision but have failed to reach a decision on that matter;

(b) have voted not to accept the recommendation of Committee B; or

(c) have been informed by Committee B under sub-paragraph 6B that Committee B is unable to reach a decision on what recommendation to give

they must refer the proposals to the adjudicator.”.

9.  After paragraph 5(1), there must be inserted—

“(1A) If within two months from the date of receipt of all of the proposals by Committee A from the local education authority, Committee A have failed to make a decision, they must refer all the proposals to the adjudicator.”.

10.  For paragraph 6(1), there must be substituted—

“6— (1) Where any proposals are referred to the adjudicator under sub-paragraph 5(1), 5(1A) or 5(2)—

(a) he must consider the matter afresh;

(b) he may—

(i) reject all the proposals;

(ii) approve any of the proposals without modification; or

(iii) approve any of the proposals with such modifications as the adjudicator may think desirable after consulting the body who published the proposals and, where the proposals were published to establish a new foundation or voluntary school, the local education authority who it is proposed maintain the school;

(c) paragraph 4(2) must apply to the adjudicator in connection with his decision on the proposals as it applies to the relevant committee; and

(d) when deciding whether or not to give any approval under this paragraph the adjudicator must have regard to any guidance given from time to time by the Secretary of State.”.