The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007

Revocation of proposals (after approval)

21.—(1) If the governing body are satisfied that—

(a) implementation of the proposals would be unreasonably difficult; or

(b) circumstances have so altered since approval was given that implementation would be inappropriate,

the governing body may determine at any time before implementation that paragraph 20 (duty to implement) is to cease to apply to the proposals.

(2) The governing body may only make a determination under sub-paragraph (1) where proposals that they should do so have been published by the governing body under sub-paragraph (3) (“revocation proposals”).

(3) Revocation proposals must contain—

(a) a description of the original proposals as published in accordance with section 19 (3);

(b) the date of publication of the original proposals;

(c) a statement as to why it is proposed that, in accordance with sub-paragraph (1), paragraph 20 should not apply in relation to the original proposals; and

(d) details of how copies of the original proposals can be obtained.

(4) Revocation proposals must be—

(a) posted at or near the main entrance to the school or, if there is more than one entrance, all of them; and

(b) published in at least one newspaper circulating in the area to be served by the school.

(5) Any person may object to or comment on revocation proposals, and such objections and comments must be sent to the governing body within 4 weeks of the date of publication of the proposals.

(6) The governing body must determine the revocation proposals within a period ending 2 months after the end of the representation period.

(7) If the governing body does not make a determination within the period specified in sub–paragraph (6) they must refer the proposals to the adjudicator within 1 week from the end of that period.

(8) Where the original proposals involve a change of category to a foundation school, before determining proposals under sub-paragraph (1) the governing body must consult the local education authority.

(9) Sub-paragraphs (10) to (12) apply where paragraph 17(2) applies to the proposals (voluntary aided to foundation).

(10) The governing body must notify the following persons of each decision taken under sub-paragraph (1) together with their reasons—

(a) the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the authority;

(b) the bishop of a diocese of the Roman Catholic Church which is comprised in the area of the authority;

(c) where proposals relate to a school providing or proposing to provide education for pupils aged 14 or over, the Learning and Skills Council for England; and

(d) the trustees of the school (if any).

(11) The persons at whose request revocation proposals must after their determination by the governing body be referred to the adjudicator are—

(a) the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local education authority;

(b) the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local education authority; and

(c) where proposals relate to a school providing or proposing to provide education for pupils aged 14 or over, the Learning and Skills Council for England.

(12) A request under sub-paragraph (11) must be made within 4 weeks of the initial determination of the revocation proposals by the governing body.

(13) Where a request is made under sub-paragraph (11) the governing body must submit the proposals and any objections or comments relating to the revocation proposals to the adjudicator within 1 week of receiving the request.