The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013

Regulation 21

SCHEDULE 3 Modification of provisions of Part 1 of Schedule 2 to the Act, applying to revocation proposals published under paragraph 21(4) of that Schedule

1.  Paragraph 1 has effect as if in sub-paragraph (1) for “published under section 7,10,11 or 15” there were substituted “published under paragraph 21(4) of this Schedule”.

2.  Paragraph 2 has effect as if after paragraph 2(b) there were inserted—

“(c) in the case of proposals published under paragraph 21(4)—

(i) in the case of original proposals under section 7, the local authority which published the notice under that section, and

(ii) in the case of original proposals under section 10, 11 or 15, the local authority which maintain the school (or in the case of a new school) which it is proposed should maintain the school.”.

3.  Paragraph 5 has effect as if for it there were substituted—

“5.   Any person may object to or comment on proposals published under paragraph 21(4), and such objections and comments must be sent to the relevant authority within four weeks of the date of publication of such proposals.”.

4.  Paragraph 13 has effect as if for it there were substituted—

“13.— (1) Where the relevant authority determine proposals published under paragraph 21(4), any determination must be made within two months of the end of the period for making objections and comments as prescribed in paragraph 5.

(2) If the authority does not make a determination within the time specified in sub-paragraph (1), they must refer the proposals to the adjudicator within one week of the end of that period.”.

5.  Paragraph 14 has effect as if for it there were substituted—

“14.— (1) The relevant authority must, if so requested by any relevant person within four weeks of the date of notification of the determination set out in regulations made under paragraph 20, refer to the adjudicator within one week of the date on which they received notice of a request for a referral, any proposals under paragraph 21(4) which the relevant authority have determined under paragraph 21(3), together with any reasons given by the authority for their determination.”.