The Education (School Organisation Proposals) (England) Regulations 1999

Contents

477 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. 1 · Citation, commencement and application
   1. (1) These Regulations may be cited as the Education (School Organisation Proposals) (England) Regulations 1999 and shall come into force on 1st September 1999.
   2. (2) These Regulations apply in relation to local education authorities and schools maintained by (or, in the case of new schools, proposed to be maintained by)
2. 2 · Interpretation
   1. (1) In these Regulations– • “the Act” means the School Standards and Framework Act 1998; • “the Transition Regulations” means to Education (Transition to New Fr
   2. (2) For the purposes of these Regulations except Part VI of Schedule 3, the capacity of a school shall be determined in accordance with the Schedule to the Educ
   3. (3) For the purposes of paragraph 4(2) of Schedule 6, in relation to mainstream schools, and these Regulations the date of publication of proposals is–
3. 3 · Alterations for which proposals must be published
4. 4 · Information to be contained in published proposals
   1. (1) This regulation prescribes for the purposes of section 28(3)(a), section 29(3)(a), paragraph 5(2)(a) of Schedule 7 (where the proposals relate to a mainstre
   2. (2) Proposals published under section 28 or 29, or paragraph 5(2) of Schedule 7 must contain the information specified in Part I of Schedule 2 to these Regulati
   3. (3) Proposals published under paragraph 5 of Schedule 23 must contain the information specified in Part V of Schedule 2 to these Regulations.
5. 5 · Manner of publication of proposals
   1. (1) This regulation prescribes for the purposes of section 28(3)(b) and section 29(3)(b), for the purposes of paragraph 5(4) of Schedule 6 and paragraph 5(2)(b)
   2. (2) Any proposals for the establishment of a school shall be published–
   3. (3) Any proposals–
   4. (4) Any proposals for the making of a prescribed alteration to a school which would alter the area proposed to be served by the school, shall be published–
   5. (5) Any proposals that paragraph 5(1) of Schedule 6 (requirement to implement proposals) should cease to apply in relation to proposals published under section
6. 6 · Information to be sent to School Organisation Committee or Secretary of State
   1. (1) This regulation prescribes–
   2. (2) Where proposals have been published under section 28 or 29 the relevant body or promoters shall send to the school organisation committee and (where the pro
   3. (3) Where proposals have been published under paragraph 5(1) of Schedule 23 the local education authority or governing body shall send to the school organisatio
7. 7 · Objections to proposals
   1. (1) This regulation–
   2. (2) Objections to proposals published under section 28 or 29, paragraph 5 of Schedule 7 or paragraph 5 or Schedule 23 shall be sent to the local education autho
   3. (3) The local education authority shall send copies of objections to proposals published under section 28 or 29 together with the authority’s observations on th
8. 8 · Approval of proposals with modifications after consultation
   1. (1) This Regulation prescribes, for the purpose of paragraph 3(2)(c) of Schedule 6 or, as the case may be, that sub-paragraph as applied by paragraph 3(7) of th
   2. (2) The persons or bodies prescribed are the persons or body who published the proposals; and
9. 9 · Conditional approvals
   1. (a) the grant of planning permission under Part III of the Town and Country Planning Act 1990;
   2. (b) the acquisition of a site on which a new school, a proposed enlargement of the premises of a school or other alteration to the premises of the school is to
   3. (c) the acquisition of playing fields to be provided for the school;
   4. (d) the securing of any necessary access to a site referred to in sub-paragraph (b) or playing fields referred to in sub-paragraph (c);
   5. (e) the entering into of a private finance transaction within the meaning of regulation 16 of the Local Authorities (Capital Finance) Regulations 1997;
   6. (f) the making of any scheme relating to any charity connected with the school or proposed school; and
10. 10 · Period after the expiry of which proposals must be referred to the adjudicator if requested
    1. (1) This regulation prescribes periods for the purposes of paragraphs 3(5) and 5(5) of Schedule 6, paragraph 8(5) of Schedule 7 (where the proposals relate to a
    2. (2) For the purposes of paragraph 3(5) of Schedule 6 the period, subject to paragraph (6), is the period ending–
    3. (3) For the purposes of paragraph 5(5) of Schedule 6 the period, subject to paragraph (6), is the period ending–
    4. (4) For the purposes of paragraph 8(5) of Schedule 7 the period, subject to paragraph (6), is two months from the date on which objections must be sent to the c
    5. (5) For the purposes of paragraph 6(7) of Schedule 23 the period, subject to paragraph (6) is two months from the date on which objections must be sent to the c
    6. (6) Where in the opinion of the committee one proposal or matter (“proposal A”) is related to another proposal or matter (“proposal B”) and the period relating
11. 11 · Modification of approved proposals
    1. (1) This regulation prescribes, for the purposes of paragraph 5(2) of Schedule 6 or, as the case may be, that sub-paragraph as applied by paragraph 5(7) of that
    2. (2) A school organisation committee or an adjudicator may modify approved proposals or specify a later date at the request of the persons or body who published
    3. (3) Before modifying approved proposals a school organisation committee or an adjudicator shall consult the persons or body who published the proposals and–
    4. (4) In this regulation references to approved proposals include references to proposals which the local education authority have determined to implement under p
12. 12 · Provision of information
    1. (1) The school organisation committee shall, within two weeks of the date on which such proposals were sent to them, send to the Secretary of State a copy of al
    2. (2) The school organisation committee shall notify the following persons of each decision taken under paragraph 3(2) or 5(2) or (3) of Schedule 6 or paragraph 8
    3. (3) The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (c) and (e) of paragraph (2) if they refer any proposals or
    4. (4) The adjudicator shall notify the persons referred to in paragraph (2) of each decision taken under paragraph 3(2) or 5(2) or (3) of Schedule 6 relating to a
    5. (5) The school organisation committee and the adjudicator shall notify the persons referred to in subparagraph (a) to (d) of paragraph (2) of each decision take
    6. (6) The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (c) of paragraph (2) if they refer any matter to the adjudic
    7. (7) Where, pursuant to paragraph (2) or (5) the school organisation committee notify the persons referred to in subparagraphs (a) to (e) of paragraph (2) of a d
    8. (8) Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector)
    9. (9) Where proposals have been published under section 28 which by virtue of section 109(3)(b) of the Act and regulations made under that provision are of no eff
    10. (10) Where proposals (“proposals A”) have been sent to the school organisation committee under section 28(6) or 29(5) or paragraph 5(3) of Schedule 7, and subse
    11. (11) Paragraphs (4) and (5) shall not apply in relation to any decision provision for the notification of which is made by regulation 15 of the Education (Adjud
13. 13 · Voting of committee on proposals under section 28, section 29 and Schedules 6, 7 and 23
    1. (1) In this Regulation references to a group of members of a school organisation committee shall be construed in accordance with the Education (School Organisat
    2. (2) Each group of members shall collectively have a single vote in relation to any decision of the committee as to whether or not–
    3. (3) All decisions on questions referred to in paragraph (2) shall be unanimous decisions of those voting.
14. 14 · Time within which reference must be made to the adjudicator
    1. (1) Where by virtue of paragraph 3(5) or 5(5) of Schedule 6, paragraph 8(5) of Schedule 7, paragraph 6(7) of Schedule 23 or regulation 16, the committee are req
    2. (2) Where by virtue of paragraph 3(6), 5(6) or 21(4)(a) of Schedule 6, paragraph 8(6) of Schedule 7, paragraph 6(8) of Schedule 23 or regulation 16, the committ
15. 15 · Application of and modification to provisions of the Act in special cases
    1. (1) Schedule 4 to these Regulations has effect for the purpose of applying, with modifications where specified, provisions of section 28 and Part I of Schedule
    2. (2) Subject to paragraph (3), Part I of Schedule 5 to these Regulations has effect for specifying the modifications to which section 28(6), section 29(5) and Sc
    3. (3) The modifications to section 28(6), section 29(5) and Schedule 6 contained in Part I of Schedule 5 to these Regulations shall not however apply in relation
    4. (4) Subject to paragraph (5), Part II of Schedule 5 to these Regulations has effect for specifying the modifications to which paragraphs 5 and 6 of Schedule 23
    5. (5) The modifications to paragraphs 5 and 6 of Schedule 23 contained in Part II of Schedule 5 to these Regulations shall not however apply in relation to any pr
16. 16 · Review of standard number decisions
    1. (1) This regulation makes provision, for the purposes of paragraph 6(10) of Schedule 23 for enabling the school organisation committee or the adjudicator–
    2. (2) The school organisation committee or (if the decision was made by him) the adjudicator may review a relevant decision where they are satisfied, upon the app
    3. (3) No such application for the review of a relevant decision shall be made later than one month after the date on which the person mentioned in paragraph 4(3)
    4. (4) Every such application shall be by notice in writing setting out the grounds on which it is made; and the body making the application shall forthwith serve
    5. (5) If, having considered the application and any representations made as mentioned in paragraph (4), the school organisation committee or (as the case may be)
    6. (6) If–
    7. (7) The committee shall also refer the application to the adjudicator if they have voted on that question but failed to reach a unanimous decision.
    8. (8) Where any application is referred to the adjudicator under paragraphs (6) or (7)–
17. 17 · Construction of certain references to School Organisation Committee, Adjudicator etc.
    1. (1) Where regulation 19(4) of the Transition Regulations applies, the reference in regulation 11 to the school organisation committee or, as the case may be, th
    2. (2) Where Chapter II of Part II of the Act has effect in relation to any proposals with the modifications specified in the Schedule to the Transition Regulation
    3. (3) Where paragraph 5(5) of Schedule 23 has effect subject to the modifications specified in paragraph 4 of Schedule 5 to these Regulations the reference, in pa
    4. (4) Where in relation to any school paragraph 6(10) of Schedule 23 has effect with the modifications specified in regulation 9 of the School Standards and Frame
18. 18 · Amendment of Transition Regulations
    1. (1) The Transition Regulations in relation to England are hereby amended as follows.
    2. (2) In regulation 12(b)(i) and (ii) for “section 42(1)(b)” there shall be substituted “section 41(1)(b)” in both places where they occur.
19. 19 · Revocation
20. Schedule 1 · Alterations for which proposals must be published
    1. (1) (1) An enlargement other than a temporary enlargement of the...
    2. (2) (1) An increase in the number of pupils in any...
    3. (3) The alteration of the upper or lower age limits of...
    4. (4) The establishment or discontinuance of provision which is recognised by...
    5. (5) The introduction of admission arrangements to which section 101(1) of...
    6. (6) The revision of admission arrangements of a grammar school such...
    7. (7) An alteration to a school to provide that–
    8. (8) (1) The introduction or ending of boarding provision.
    9. (9) The transfer of a school to a new site except–...
21. Schedule 2 · Information to be contained in published proposals
    1. Part I Information to be contained in all published proposals to establish, alter or discontinue a school
    2. Part II Additional information to be contained in published proposals to establish a new school
    3. Part III Additional information to be contained in published proposals to make a prescribed alteration to a school
    4. Part IV Additional information to be contained in published proposals to discontinue a school
    5. Part V Information to be contained in published proposals to vary a standard number
22. Schedule 3 · Information to be sent to the school organisation committee or the secretary of state
    1. Part 1 Interpretation
    2. Part II Information to be sent in all cases where proposals are published under section 28 or 29
    3. Part III Additional information to be sent where proposals are to establish a new school
    4. Part IV Additional information to be sent where the proposals are to make a prescribed alteration to a school
    5. Part V Additional information to be sent where the proposals are to discontinue a school
    6. Part VI Information to be sent where proposals are published under paragraph 5 of schedule 23
23. Schedule 4 · Provisions of section 28 and schedule 6 applying to proposals published under paragraph 5(4) of schedule 6
24. Schedule 5 · Other modifications to section 28, section 29 and schedules 6 and 23 in special cases
    1. Part I Modifications to sections 28 and 29 and schedule 6
    2. Part II Modifications to schedule 23