The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013

Transitional exemption orders under the Equality Act 2010

12.—(1) This paragraph applies to proposals for a school to cease to be an establishment which admits pupils of one sex.

(2) Where such proposals are published by the local authority, the local authority must make a transitional exemption order(1).

(3) Where such proposals are published by the governing body, sending the published proposals to the local authority is to be treated as an application to the local authority for a transitional exemption order and the local authority must make such an order accordingly.

(4) Where—

(a) the local authority have failed to make a transitional exemption order; or

(b) the local authority refer the proposals to the adjudicator under paragraph 5(4) or 7,

they must refer the question whether to make a transitional exemption order to the adjudicator.

(5) Where that question is referred to the adjudicator, the adjudicator—

(a) must consider the matter afresh; and

(b) may make a transitional exemption order accordingly.

(6) In this paragraph “make”, in relation to the transitional exemption order, includes (so far as the context permits) vary or revoke.

(1)

For the meaning of “transitional exemption order” see paragraph 3of Schedule 11 to the Equality Act 2010 (c. 15).