Education Bill [HL]

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Schedule 11 — Rationalisation of school places in England
Part 2 — Directions to bring forward proposals
109

(ii)
to publish a notice under section 66 of this Act and then, if
they think fit, proposals of their own under subsection (5)(b)
of that section;
(b)
“powers to make proposals for the alteration of their school”, in
relation to the governing body of a foundation, voluntary or
5
foundation special school, means their powers to publish proposals
under section 28(2)(b) or 31(2)(a) of the 1998 Act.
Part 2
Directions to bring forward proposals
Directions to bring forward proposals to remedy excessive provision
10
3     (1)
This paragraph applies where the Secretary of State is of the opinion that the
provision for primary or secondary education in maintained schools—
(a)
in the area of any local education authority in England, or
(b)
in any part of such an area,

is excessive.
15
      (2)
For the purpose of remedying the excess, the Secretary of State may—
(a)
direct the local education authority to exercise their powers to make
or invite proposals for the establishment, alteration or
discontinuance of schools, and
(b)
in the case of any foundation, voluntary or foundation special school
20
maintained by the authority, direct the governing body to exercise
their powers to make proposals for the alteration of their school.
      (3)
A direction under sub-paragraph (2) must—
(a)
require the direction to be complied with not later than such date as
may be specified in the direction, and
25
(b)
require the body to whom the direction is given to apply such
principles in giving effect to the direction as may be specified in the
direction.
      (4)
A direction under sub-paragraph (2)(a) may not require the proposals to
relate to any named school.
30
      (5)
Where any proposals under the 1998 Act are published in pursuance of a
direction under sub-paragraph (2), the body concerned must (in addition to
complying with section 28(6), 28A(6), 29(5) or 31(5) of the 1998 Act) send—
(a)
a copy of the published proposals, and
(b)
such information in connection with those proposals as may be
35
prescribed,

to the Secretary of State.
      (6)
Where a notice under section 66 is published in pursuance of a direction
under sub-paragraph (2), the local education authority concerned must
send—
40
(a)
a copy of the published notice, and
(b)
a copy of any proposals published under that section in pursuance of
the notice,

to the Secretary of State.

Education Bill [HL]
Schedule 11 — Rationalisation of school places in England
Part 2 — Directions to bring forward proposals
110

Directions to bring forward proposals to remedy insufficient provision
4     (1)
This paragraph applies where the Secretary of State is of the opinion that the
provision for primary or secondary education in maintained schools—
(a)
in the area of any local education authority in England, or
(b)
in any part of such an area,
5

is, or is likely to become, insufficient.
      (2)
The Secretary of State may—
(a)
direct the local education authority to exercise their powers to make
or invite proposals for the establishment, alteration or
discontinuance of schools, and
10
(b)
in the case of any foundation, voluntary or foundation special school
maintained by the authority, direct the governing body to exercise
their powers to make proposals for the alteration of their school,

with a view (in each case) to securing that provision is made for such
additional number of pupils in the area, or in any such part of the area, as
15
may be specified in the direction.
      (3)
A direction under sub-paragraph (2) must—
(a)
require the direction to be complied with not later than such date as
may be specified in the direction, and
(b)
require the body to whom the direction is given to apply such
20
principles in giving effect to the direction as may be specified in the
direction.
      (4)
An order under sub-paragraph (2)(a) may not require the proposals to relate
to any named school.
      (5)
Where any proposals under the 1998 Act are published in pursuance of a
25
direction under sub-paragraph (2), the body concerned must (in addition to
complying with section 28(6), 28A(6), 29(5) or 31(5) of the 1998 Act) send—
(a)
a copy of the published proposals, and
(b)
such information in connection with those proposals as may be
prescribed,
30

to the Secretary of State.
      (6)
Where a notice under section 66 is published in pursuance of a direction
under sub-paragraph (2), the local education authority concerned must
send—
(a)
a copy of the published notice, and
35
(b)
a copy of any proposals published under that section in pursuance of
the notice,

to the Secretary of State.
Supplementary provisions
5     (1)
Where the Secretary of State gives a direction under paragraph 3(2) or 4(2)
40
in relation to the area of any local education authority, he must send a copy
of the direction—
(a)
to the school organisation committee for the area, and
(b)
to any adjudicator who appears to him to be likely to be considering
proposals in relation to that area.
45

Education Bill [HL]
Schedule 11 — Rationalisation of school places in England
Part 2 — Directions to bring forward proposals
111

      (2)
Where the school organisation committee or any adjudicator receive a copy
of the direction under sub-paragraph (1), the committee or adjudicator must
send to the Secretary of State—
(a)
a copy of all proposals relating to the area which have been received
by them or him but have not been determined by the relevant time,
5
and
(b)
a copy of all proposals relating to the area, other than any made
under paragraph 7, which they receive after the relevant time.
      (3)
Where sub-paragraph (2) applies, then unless the Secretary of State gives his
consent—
10
(a)
neither the school organisation committee nor the adjudicator may
make any determination, and
(b)
the school organisation committee may not make any reference to
the adjudicator under paragraph 3 of Schedule 6 to the 1998 Act,
under paragraph 4(2)(d) or 5(1) of Schedule 10, or under paragraph
15
9 of this Schedule,

in relation to any proposals within sub-paragraph (2) during the period
beginning with the relevant time and ending with the time when the
Secretary of State notifies the committee or the adjudicator, as the case may
be, that they or he may make any such determination or reference in relation
20
to those proposals without the Secretary of State’s consent.
      (4)
The duty of the school organisation committee or any adjudicator to send
copies of the proposals to the Secretary of State under sub-paragraph (2)
terminates at the end of the period mentioned in sub-paragraph (3).
      (5)
In sub-paragraphs (2) and (3)—
25
(a)
references to the relevant time, in relation to the school organisation
committee or to any adjudicator, are to the time when they or he
receive under sub-paragraph (1) a copy of the direction,
(b)
references to proposals are to proposals made under section 28, 28A,
29 or 31 of the 1998 Act, Schedule 7 to the Learning and Skills Act
30
2000 (c. 21), section 66 of this Act or paragraph 7 of this Schedule, and
(c)
references to the determination of any proposals are to—
(i)
any determination whether or not to approve the proposals
under paragraph 3 of Schedule 6 to the 1998 Act,
(ii)
any determination whether or not to approve the proposals
35
under Schedule 7 to the Learning and Skills Act 2000,
(iii)
any determination whether or not to approve the proposals
under paragraph 4 of Schedule 10, or
(iv)
any determination whether or not to approve the proposals
under paragraph 9 or 11 of this Schedule.
40
6     (1)
Where a local education authority publish any proposals under section 28,
28A, 29 or 31 of the 1998 Act in pursuance of a direction under paragraph
3(2) or 4(2), those proposals require approval under paragraph 3 of Schedule
6 to the 1998 Act, despite anything in paragraph 3(1)(a) or 4 of that Schedule.
      (2)
Proposals made by any person under section 28, 28A, 29 or 31 of the 1998 Act
45
in pursuance of a direction given to that person under paragraph 3(2) or 4(2)
may not be withdrawn without the consent of the Secretary of State and such
consent may be given on such conditions (if any) as the Secretary of State
considers appropriate.

Education Bill [HL]
Schedule 11 — Rationalisation of school places in England
Part 3 — Proposals by Secretary of State
112

      (3)
Where the governing body of a foundation, voluntary or foundation special
school make any proposals in pursuance of a direction given to the
governing body under paragraph 3(2)(b) or 4(2)(b), the local education
authority must reimburse any expenditure reasonably incurred by the
governing body in making the proposals.
5
      (4)
Where—
(a)
proposals made by the governing body of a foundation, voluntary or
foundation special school in pursuance of any such direction under
paragraph 3(2)(b) or 4(2)(b) are approved, or as the case may be,
determined to be implemented, or
10
(b)
proposals approved under paragraph 9 or 11 have effect as
mentioned in paragraph 13(b),

then, despite anything in Part 3 of Schedule 6 to the 1998 Act, the local
education authority must defray the cost of implementing the proposals.
Part 3
15
Proposals by Secretary of State
7     (1)
Where—
(a)
in relation to the area of any local education authority or any part of
such an area, the Secretary of State—
(i)
has given the local education authority a direction under
20
paragraph 3(2)(a) or 4(2)(a) to make proposals for the
establishment, alteration or discontinuance of schools, or
(ii)
has given the governing body of a foundation, voluntary or
foundation special school a direction under paragraph 3(2)(b)
or 4(2)(b) to make proposals for the alteration of their school,
25
and
(b)
any of the conditions in sub-paragraph (3) is met,

he may make any such proposals as might have been made in accordance
with the direction relating to that area or that part of that area by the person
to whom the direction was given.
30
      (2)
In determining for the purposes of sub-paragraph (1) what proposals might
have been made by a local education authority under section 28A of the 1998
Act, it is to be assumed that no notice under section 66 of this Act has been
published and that the Secretary of State consents to the publication of the
proposals under section 28A.
35
      (3)
The conditions referred to in sub-paragraph (1)(b) are—
(a)
that the person to whom the direction was given has failed to publish
within the time specified in the direction proposals under section 28,
28A, 29 or 31 of the 1998 Act or a notice under section 66,
(b)
that the person to whom the direction was given has published
40
proposals under section 28, 28A, 29 or 31 of the 1998 Act but it
appears to the Secretary of State that the proposals are inadequate,
(c)
that a notice under section 66 has been published in pursuance of the
direction but the period within which proposals must be published
under subsection (8)(a) or (b) of that section has passed without any
45
proposals being published, or

Education Bill [HL]
Schedule 11 — Rationalisation of school places in England
Part 4 — Procedure for dealing with proposals under paragraph 7
113

(d)
that proposals have been published under (8)(a) or (b) of section 66
in pursuance of a notice published in pursuance of the direction but
either—
(i)
every set of proposals has been withdrawn, or
(ii)
every set of proposals, apart from any that has been
5
withdrawn, appears to the Secretary of State to be
inadequate.
      (4)
Proposals under this paragraph must—
(a)
contain such information, and
(b)
be published in such manner,
10

as may be prescribed.
      (5)
The Secretary of State must send a copy of the proposals to the school
organisation committee for the area to which the proposals relate.
Part 4
Procedure for dealing with proposals under paragraph 7
15
Objections
8     (1)
Any person may make objections to, or comments on, any proposals
published under paragraph 7.
      (2)
Objections or comments under this paragraph—
(a)
must be sent to the school organisation committee for the area to
20
which those proposals relate, and
(b)
must be so sent within such period as may be prescribed.
Approval of proposals
9     (1)
Proposals published under paragraph 7 require the approval of the school
organisation committee under this paragraph or of the adjudicator under
25
paragraph 11.
      (2)
Where the school organisation committee receive a copy of the proposals
published under paragraph 7, they must (subject to sub-paragraph (3) and
(8)) either—
(a)
approve them without modification, or
30
(b)
approve them with such modifications as the committee thinks
desirable and to which the Secretary of State consents, or
(c)
refer them to the adjudicator under sub-paragraph (6) or (7).
      (3)
The committee may, if they think it appropriate to do so and subject to
regulations, refer to the adjudicator any proposals which would otherwise
35
fall to be dealt with by them under sub-paragraph (2).
      (4)
Any approval given under this paragraph may, with the consent of the
Secretary of State, be expressed to take effect only if an event specified in the
approval occurs by a date so specified; and regulations may prescribe the
events that may be so specified.
40
      (5)
When deciding whether or not to give any approval under this paragraph
the committee must have regard to any guidance given from time to time by
the Secretary of State.

Education Bill [HL]
Schedule 11 — Rationalisation of school places in England
Part 4 — Procedure for dealing with proposals under paragraph 7
114

      (6)
If—
(a)
by the end of such period as may be specified in or determined in
accordance with regulations, the committee have not voted on the
question whether to give any approval under this paragraph, and
(b)
the Secretary of State requests the committee to refer his proposals to
5
the adjudicator,

the committee must refer the Secretary of State’s proposals to the
adjudicator.
      (7)
If the committee—
(a)
have voted on any matter which (in accordance with regulations
10
under paragraph 5 of Schedule 4 to the 1998 Act) falls to be decided
by them under this paragraph by a unanimous decision but have
failed to reach such a decision on the matter, or
(b)
have decided not to give any approval under this paragraph,

the committee must refer the Secretary of State’s proposals to the
15
adjudicator.
      (8)
The Secretary of State may at any time give a direction to a school
organisation committee requiring them to refer to the adjudicator—
(a)
any proposals which have been submitted to the committee under
this paragraph but which, at the time when the direction is given,
20
have not been determined by the committee, and
(b)
all subsequent proposals submitted to the committee under this
paragraph until the direction is revoked.
      (9)
Where a school organisation committee refer any proposals to the
adjudicator under sub-paragraph (6), (7) or (8), they must also refer to him
25
any comments of the committee on the proposals.
     (10)
Sub-paragraph (1) does not prevent the Secretary of State from withdrawing
any proposals published under paragraph 7 by notice in writing given to the
school organisation committee at any time before the proposals are
determined under this paragraph or paragraph 11.
30
Reference to adjudicator of other proposals
10    (1)
Where any proposals are referred to the adjudicator under paragraph 9, the
school organisation committee must also refer to him—
(a)
any other proposals published under paragraph 7 in relation to the
area of the local education authority (and not withdrawn),
35
(b)
any proposals made by that authority in the exercise of their powers
to make or invite proposals for the establishment, alteration or
discontinuance of schools (and not withdrawn),
(c)
any proposals published by that authority under section 66(8)(a) of
this Act (and not withdrawn),
40
(d)
any proposals made by the governing body of any community,
foundation, voluntary or foundation special school in the area in the
exercise of their powers to make proposals for the alteration of their
school (and not withdrawn), and
(e)
any proposals published under Schedule 7 to the Learning and Skills
45
Act 2000 (c. 21) (and not withdrawn),

Education Bill [HL]
Schedule 11 — Rationalisation of school places in England
Part 4 — Procedure for dealing with proposals under paragraph 7
115


where those proposals are not determined before the adjudicator holds an
inquiry under paragraph 11(1) and appear to the committee to be related to
the proposals referred by them to the adjudicator under paragraph 9.
      (2)
Sub-paragraph (1) applies to any proposals within that sub-paragraph
whether or not the proposals have been previously referred to the
5
adjudicator by the committee.
      (3)
References in this paragraph to the determination of any proposals are to—
(a)
any determination whether or not to approve the proposals under
paragraph 3 of Schedule 6 to the 1998 Act, paragraph 4 of Schedule
10 to this Act, sub-paragraph (2)(a) or (b) of paragraph 9 or
10
paragraph 11(3) of this Schedule, or
(b)
any determination whether or not to approve the proposals under
Schedule 7 to the Learning and Skills Act 2000 (c. 21).
Local inquiry into proposals
11    (1)
Where any proposals are referred to the adjudicator under paragraph 9, he
15
must hold a local inquiry to consider—
(a)
those proposals,
(b)
any additional proposals referred to him under paragraph 10(1),
(c)
any objections or comments made (under paragraph 2 of Schedule 6
to the 1998 Act, paragraph 3 of Schedule 10 to this Act or paragraph
20
8 of this Schedule) to any proposals within paragraph (a) or (b)
unless such objections or comments have been withdrawn, and
(d)
any views expressed by the school organisation committee on any
such proposals.
      (2)
It is not open to the inquiry to question the principles specified in the
25
direction under paragraph 3(2) or 4(2).
      (3)
After holding the inquiry, the adjudicator must, in the case of any proposals
considered at the inquiry, either—
(a)
approve them with or without modifications, or
(b)
reject them.
30
      (4)
Any approval given under this paragraph may be expressed to take effect
only if an event specified in the approval occurs by a date so specified; and
regulations may prescribe the events that may be so specified.
      (5)
When deciding whether or not to give any approval under this paragraph,
paragraph 9(5) applies to the adjudicator as it does to the committee.
35
Proposals relating to Academy
12    (1)
Regulations may provide that, where proposals referred to the adjudicator
under paragraph 10(1) consist of or include proposals to establish an
Academy, the adjudicator must within the prescribed period consult the
Secretary of State in accordance with regulations, before taking any decision
40
under that paragraph.
      (2)
The adjudicator may not approve under paragraph 11 proposals to establish
an Academy unless the Secretary of State, on being consulted under sub-
paragraph (1), has indicated in accordance with regulations that, if the
proposals were approved, he would be willing to commence negotiations
45