Education Bill [HL]

House of Commons

Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Schedule 10 — Proposals under section 66 for establishment of secondary schools: supplementary
Part 3 — Determination by LEA whether to implement proposals
105

consult the Secretary of State in accordance with regulations, before taking
any decision under paragraph 4.
      (2)
The school organisation committee may not approve under paragraph 4
proposals to establish an Academy unless the Secretary of State, on being
consulted under sub-paragraph (1), has indicated in accordance with
5
regulations that, if the proposals were approved, he would be willing to
commence negotiations with a view to entering into an agreement under
section 482 of the Education Act 1996 (c. 56) for the establishment of an
Academy.
      (3)
If a direction under paragraph 5(2) is in force in relation to a school
10
organisation committee and the case does not fall within paragraph 5(3), the
reference in sub-paragraph (1) to the committee is to be read as a reference
to the adjudicator.
      (4)
Sub-paragraph (2) has effect in relation to a decision of an adjudicator under
paragraph 4 as it has effect in relation to a decision of the school organisation
15
committee under that paragraph.
      (5)
Approval under paragraph 4 by the school organisation committee or the
adjudicator of proposals to establish an Academy does not oblige the
Secretary of State to enter into, or seek to enter into, an agreement under
section 482 of the Education Act 1996.
20
Provision of information
8
Regulations may, in relation to any proposals published under section 66,
require any of the following—
(a)
the authority or promoters who published the proposals,
(b)
the school organisation committee, and
25
(c)
the adjudicator,

to provide such information relating to the proposals to such persons, and at
such times, as may be prescribed.
Part 3
Determination by LEA whether to implement proposals
30
9     (1)
Where the only proposals published in pursuance of a notice published
under section 66 by a local education authority are proposals published by
that authority by virtue of subsection (8)(b) of that section and either—
(a)
no objections were made in accordance with regulations under
paragraph 3, or
35
(b)
all objections so made were withdrawn in writing within the period
prescribed under the regulations as that within which any objections
must be made,

then (subject to the following provisions of this paragraph) the authority
must determine whether the proposals should be implemented.
40
      (2)
Any determination under sub-paragraph (1) must be made within the
period of four months beginning with the date of publication of the
proposals (as determined in accordance with regulations); and the authority
must notify the school organisation committee and the Secretary of State of
any determination made by the authority under sub-paragraph (1).
45

Education Bill [HL]
Schedule 10 — Proposals under section 66 for establishment of secondary schools: supplementary
Part 3 — Determination by LEA whether to implement proposals
106

      (3)
The requirement to make a determination under sub-paragraph (1) in the
case of any proposals applies only if, at the time when the authority’s
determination falls to be made under that sub-paragraph, they are satisfied
that the proposals are not related to any of the following, namely—
(a)
any undetermined proposals published by the authority under
5
section 28(1) or 28A(1) of the School Standards and Framework Act
1998 (c. 31) to establish a new community or foundation school in the
area of the authority,
(b)
any undetermined proposals published under section 28(2) or 28A(2)
of that Act to establish a new voluntary or foundation school in the
10
area of the authority,
(c)
any undetermined proposals published under Schedule 7 to the
Learning and Skills Act 2000 (c. 21),
(d)
any undetermined proposals published under section 113A of the
Learning and Skills Act 2000, if those proposals are of a description
15
prescribed for the purposes of this paragraph,
(e)
any undetermined proposals made under section 51 of the Further
and Higher Education Act 1992 (c. 13), if those proposals are of a
description so prescribed, or
(f)
any direction under paragraph 3(2) or 4(2) of Schedule 11 to this Act.
20
      (4)
For the purposes of sub-paragraph (3) proposals are “undetermined” if they
have not been withdrawn and—
(a)
they have not been approved or rejected under paragraph 4 of this
Schedule, under paragraph 9 or 10 of Schedule 11 to this Act, under
paragraph 3 of Schedule 6 to the School Standards and Framework
25
Act 1998, or under Schedule 7 or 7A to the Learning and Skills Act
2000, or
(b)
the authority have not determined under this paragraph whether to
implement them, or
(c)
the Secretary of State has not made a decision as to whether or not to
30
make an order under section 16 or 27 of the Further and Higher
Education Act 1992,

as the case may be; and when deciding under sub-paragraph (3) whether
proposals are related to other proposals the authority must have regard to
any guidance given from time to time by the Secretary of State.
35
      (5)
The authority may, if they think it appropriate to do so and subject to
regulations, refer to the school organisation committee any proposals which
would otherwise fall to be determined by the authority under this
paragraph.
      (6)
Where, in the case of any proposals within sub-paragraph (1)—
40
(a)
the authority fail to make a determination under that sub-paragraph
within the period mentioned in sub-paragraph (2),
(b)
the requirement to make such a determination does not apply by
virtue of sub-paragraph (3), or
(c)
the authority refer the proposals to the school organisation
45
committee,

the proposals must be considered afresh under paragraph 4.

Education Bill [HL]
Schedule 10 — Proposals under section 66 for establishment of secondary schools: supplementary
Part 4 — Implementation of proposals
107

Part 4
Implementation of proposals
Requirement to implement proposal to establish maintained school
10    (1)
Where—
(a)
any proposals to establish a community, foundation or voluntary
5
school have been approved under paragraph 4, or
(b)
a local education authority have determined under paragraph 9 to
implement any such proposals,

then (subject to the following provisions of this paragraph) the proposals
must be implemented, in the form in which they were so approved or
10
determined, in accordance with this Part of this Schedule.
      (2)
At the request of any prescribed person, the school organisation
committee—
(a)
may modify the proposals after consulting such persons as may be
prescribed, and
15
(b)
where any approval was given in accordance with paragraph 4(5),
may specify a later date by which the event in question must occur.
      (3)
If, after consulting such persons as may be prescribed, the school
organisation committee are satisfied—
(a)
that implementation of the proposals would be unreasonably
20
difficult, or
(b)
that circumstances have so altered since approval was given under
paragraph 4 that implementation of the proposals would be
inappropriate,

the committee may determine that sub-paragraph (1) is to cease to apply to
25
the proposals.
      (4)
The committee may only make a determination under sub-paragraph (3)
where proposals that they should do so have been published, in accordance
with regulations, by the authority or promoters who published the
proposals referred to in sub-paragraph (1); and regulations may provide for
30
any of the provisions of Parts 1 and 2 of this Schedule to have effect in
relation to any such further proposals with or without modifications.
      (5)
The committee—
(a)
may, if they think it appropriate to do so and subject to regulations,
refer to the adjudicator any matter which would otherwise fall to be
35
determined by the committee under this paragraph, and
(b)
in prescribed cases, must refer to the adjudicator any such matter.
      (6)
Where any matter is referred to the adjudicator under this paragraph—
(a)
he must consider the matter afresh, and
(b)
such of the provisions of sub-paragraphs (2) to (4) above as are
40
relevant shall apply to him in connection with his decision on that
matter as they apply to the committee.

Education Bill [HL]
Schedule 10 — Proposals under section 66 for establishment of secondary schools: supplementary
Part 4 — Implementation of proposals
108

Proposals not falling to be implemented
11    (1)
Where, by virtue of paragraph 10(3), paragraph 10(1) ceases to apply to any
proposals, those proposals are to be treated for the purposes of this Schedule
as if they had been rejected under paragraph 4.
      (2)
Where—
5
(a)
any approval under paragraph 4 was given in accordance with
paragraph 4(5), and
(b)
the event specified under paragraph 4(5) does not occur by the date
in question (whether as specified under that provision or as specified
under paragraph 10(2)(b)),
10

paragraph 10(1) ceases to apply to the proposals.
      (3)
Where, by virtue of sub-paragraph (2), paragraph 10(1) ceases to apply to
any proposals approved by the school organisation committee under
paragraph 4, those proposals must be considered afresh by the committee
under that paragraph.
15
      (4)
Where, by virtue of sub-paragraph (2), paragraph 10(1) ceases to apply to
any proposals approved by the adjudicator under paragraph 4, those
proposals must be considered afresh by him under that paragraph (and
paragraph 6 applies accordingly).
Requirement to implement proposals relating to community school
20
12
Proposals to establish a community school which fall to be implemented
under paragraph 10 must be implemented by the local education authority
that made them.
Requirement to implement proposals relating to foundation or voluntary controlled school
13    (1)
This paragraph applies to proposals to establish a foundation or voluntary
25
controlled school which fall to be implemented under paragraph 10.
      (2)
Proposals made by a local education authority must be implemented by the
authority.
      (3)
In any other case, the proposals must be implemented by the local education
authority which published them and the promoters, respectively, to such
30
extent (if any) as the proposals provide for each of them to do so.
      (4)
Where a local education authority are required under sub-paragraph (2) or
(3) to provide a site for a proposed foundation or voluntary controlled
school, paragraph 16 of Schedule 6 to the School Standards and Framework
Act 1998 (c. 31) (provision of site and buildings for a foundation, voluntary
35
controlled or foundation special school) applies as it applies in the
circumstances mentioned in sub-paragraph (1) of that paragraph.
Requirement to implement proposals relating to voluntary aided school
14    (1)
This paragraph applies to proposals to establish a voluntary aided school
which fall to be implemented under paragraph 10.
40
      (2)
The proposals must be implemented—

Education Bill [HL]
Schedule 10 — Proposals under section 66 for establishment of secondary schools: supplementary
Part 4 — Implementation of proposals
109

(a)
so far as relating to the provision of any relevant premises for the
school, by the local education authority which published the
proposals, and
(b)
otherwise by the promoters.
      (3)
In sub-paragraph (2) “relevant premises” means—
5
(a)
in a case where it is proposed to establish the school at the site
specified in the notice under section 66, that site or playing fields,
and
(b)
in any other case, playing fields.
      (4)
Sub-paragraphs (5) to (7) apply where a local education authority are
10
required, by virtue of sub-paragraph (2)(a), to provide for a school the site
specified in a notice under section 66.
      (5)
The authority must transfer their interest in the site and in any buildings on
it which are to form part of the school premises—
(a)
to the trustees of the school, to be held by them on trust for the
15
purposes of the school, or
(b)
if the school has no trustees, to the school’s foundation body to be
held by that body for the purposes of the schools comprising the
group for which that body acts.
      (6)
If any doubt or dispute arises as to the persons to whom the authority are
20
required to make a transfer under sub-paragraph (5), it is to be made to such
persons as the Secretary of State thinks proper.
      (7)
The authority must pay to the persons to whom the transfer is made their
reasonable costs in connection with the transfer.
      (8)
Paragraph 17 of Schedule 6 to the School Standards and Framework Act
25
1998 (c. 31) (grants in respect of certain expenditure relating to voluntary
aided schools) applies in relation to the obligation under sub-paragraph
(2)(b) of this paragraph as it applies in relation to the obligations referred to
in sub-paragraph (1)(b) of that paragraph.
      (9)
Paragraph 19 of that Schedule (assistance from LEA in respect of voluntary
30
aided schools) applies in relation to the obligation under sub-paragraph
(2)(b) of this paragraph as it applies in relation to the obligations referred to
in that paragraph, and paragraph 20 of that Schedule (duty on LEA to
transfer interest in premises provided under paragraph 19) applies
accordingly.
35
Proposals relating to Academy
15
Where proposals to establish an Academy published under section 66 are
implemented by the Secretary of State making an agreement under section
482 of the Education Act 1996 (c. 56), subsection (3) of that section
(requirement to consult certain LEAs about the establishment of the school)
40
does not apply.