|
| |
|
(5) | In deciding for the purposes of this paragraph whether proposals are related |
| |
to other proposals, the relevant authority must have regard to any guidance |
| |
given from time to time by the Secretary of State. |
| |
(6) | Where, in the case of any proposals falling within sub-paragraph (1)— |
| |
(a) | the authority fail to make a determination under that sub-paragraph |
| 5 |
within the period mentioned in sub-paragraph (2), or |
| |
(b) | the requirement to make such a determination does not apply by |
| |
virtue of sub-paragraph (3) or (4), |
| |
| the proposals require consideration under paragraph 8 and must be referred |
| |
| 10 |
| |
20 | Regulations may require one or more of the following— |
| |
(a) | the proposers (if any), |
| |
(b) | the relevant authority, and |
| |
| 15 |
| to provide such information relating to the proposals to such persons, and at |
| |
such times, as may be prescribed. |
| |
| |
Implementation of proposals |
| |
Requirement to implement proposals |
| 20 |
| |
(a) | any proposals have been approved under paragraph 8, or |
| |
(b) | the relevant authority have determined under paragraph 19 to |
| |
| |
| then (subject to the following provisions of this paragraph) the proposals |
| 25 |
must be implemented, in the form in which they were so approved or |
| |
determined, in accordance with this Part of this Schedule. |
| |
(2) | The relevant authority may, at the request of the proposers who made the |
| |
proposals referred to in sub-paragraph (1), or, where the proposals were |
| |
made by the authority themselves, on their own initiative— |
| 30 |
(a) | modify the proposals after consulting such persons as may be |
| |
| |
(b) | where any approval was given in accordance with paragraph 8(5), |
| |
specify a later date by which the event in question must occur. |
| |
(3) | If, after consulting such persons as may be prescribed, the relevant authority |
| 35 |
| |
(a) | that implementation of the proposals would be unreasonably |
| |
| |
(b) | that circumstances have so altered since approval was given under |
| |
paragraph 8 that implementation of the proposals would be |
| 40 |
| |
| the authority may determine that sub-paragraph (1) is to cease to apply to |
| |
| |
|
| |
|
| |
|
(4) | The relevant authority 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 proposers who made the |
| |
proposals referred to in sub-paragraph (1); and regulations may provide for |
| |
any of the provisions of sections 7 to 11 and Parts 1 and 2 of this Schedule to |
| 5 |
have effect in relation to any such further proposals with or without |
| |
| |
(5) | The relevant authority must in prescribed cases refer to the adjudicator by a |
| |
prescribed time any matter which would otherwise fall to be determined by |
| |
the authority under this paragraph. |
| 10 |
(6) | If by the end of such period as may be prescribed the relevant authority have |
| |
failed to take any step required by this paragraph, the authority must refer |
| |
the matter to the adjudicator by the prescribed time. |
| |
(7) | Where any matter is referred to the adjudicator under this paragraph— |
| |
(a) | the relevant authority may refer to the adjudicator with the matter |
| 15 |
| |
(b) | the adjudicator must consider the matter afresh, and |
| |
(c) | such of the provisions of sub-paragraphs (2) to (4) above as are |
| |
relevant shall apply to him in connection with his decision on that |
| |
matter as they apply to the authority. |
| 20 |
Proposals not falling to be implemented |
| |
22 (1) | Where, by virtue of paragraph 21(3), paragraph 21(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 8. |
| |
| 25 |
(a) | any approval under paragraph 8 was given in accordance with |
| |
| |
(b) | the event specified under paragraph 8(5) does not occur by the date |
| |
in question (whether as specified under that provision or as specified |
| |
under paragraph 21(2)(b)), |
| 30 |
| paragraph 21(1) ceases to apply to the proposals. |
| |
(3) | Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to |
| |
any proposals approved by the relevant authority under paragraph 8, those |
| |
proposals must be considered afresh by the authority under that paragraph. |
| |
(4) | Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to |
| 35 |
any proposals approved by the adjudicator under paragraph 8, those |
| |
proposals must be considered afresh by him under that paragraph (and |
| |
paragraph 17 applies accordingly). |
| |
Proposals relating to community schools, community special schools or maintained nursery |
| |
| 40 |
23 (1) | This paragraph applies to proposals which fall to be implemented under |
| |
paragraph 21 and relate to a community school, a community special school |
| |
or a maintained nursery school or to a proposed such school. |
| |
(2) | The proposals must be implemented by the relevant authority. |
| |
|
| |
|
| |
|
Proposals relating to foundation or voluntary controlled schools |
| |
24 (1) | This paragraph applies to proposals which fall to be implemented under |
| |
paragraph 21 and relate to a foundation or voluntary controlled school or a |
| |
| |
(2) | Proposals made by the relevant authority must be implemented by the |
| 5 |
| |
(3) | Proposals made by proposers (including, in particular, such proposals so far |
| |
as relating to the provision of the site for a proposed school) must be |
| |
implemented by the relevant authority and by the proposers, respectively, |
| |
to such extent as the proposals provide for each of them to do so. |
| 10 |
Proposals relating to voluntary aided school |
| |
25 (1) | This paragraph applies to proposals which fall to be implemented under |
| |
paragraph 21 and relate to a voluntary aided school or a proposed voluntary |
| |
| |
(2) | The proposals must be implemented— |
| 15 |
(a) | so far as relating to the provision of any relevant premises for a |
| |
proposed school, by the relevant authority, |
| |
(b) | in the case of proposals made by proposers, by the proposers and the |
| |
| |
(c) | otherwise by the proposers or, in the case of proposals made by the |
| 20 |
relevant authority, by the relevant authority. |
| |
(3) | In sub-paragraph (2) “relevant premises” means— |
| |
(a) | in the case of proposals published under section 7, the site specified |
| |
in the notice under that section or playing fields, and |
| |
(b) | in any other case, playing fields. |
| 25 |
(4) | Nothing in sub-paragraph (2) requires a local education authority to provide |
| |
any playing fields where— |
| |
(a) | a new voluntary aided school is to be established in place of one or |
| |
more existing independent, foundation or voluntary schools falling |
| |
to be discontinued on or before the date of implementation of the |
| 30 |
| |
(b) | those playing fields— |
| |
(i) | were part of the premises of any of the existing schools |
| |
(whether it was an independent school or a foundation or |
| |
| 35 |
(ii) | (if it was a foundation or voluntary school) were not |
| |
provided by the authority. |
| |
Proposals relating to foundation special schools |
| |
26 (1) | This paragraph applies to proposals which fall to be implemented under |
| |
paragraph 21 and relate to a foundation special school or a proposed |
| 40 |
foundation special school. |
| |
(2) | Where the proposals were made by the relevant authority, they must be |
| |
implemented by the authority. |
| |
|
| |
|
| |
|
(3) | Proposals made by proposers (including, in particular, proposals so far as |
| |
relating to the provision of the site for a proposed school) must be |
| |
implemented by the relevant authority and by the proposers, respectively, |
| |
to such extent as the proposals provide for each of them to do so. |
| |
Proposals relating to Academy |
| 5 |
27 | Where proposals published under section 7 to establish an Academy are |
| |
implemented by the Secretary of State making an agreement under section |
| |
482 of EA 1996, subsection (3) of that section (requirement to consult certain |
| |
LEAs about the establishment of the school) does not apply. |
| |
| 10 |
Provision of premises and other assistance in connection with establishment |
| |
| |
Provision of site and buildings for proposed foundation, voluntary controlled or foundation |
| |
| |
28 (1) | This paragraph applies where a local education authority are required— |
| 15 |
(a) | by virtue of paragraph 24(2) or (3) to provide a site for a proposed |
| |
foundation or voluntary controlled school, or |
| |
(b) | by virtue of paragraph 26(2) or (3) to provide a site for a proposed |
| |
foundation special school. |
| |
(2) | The authority must transfer their interest in the site and in any buildings on |
| 20 |
the site which are to form part of the school’s premises— |
| |
(a) | to the school’s trustees, to be held by them on trust for the purposes |
| |
| |
(b) | if the school has no trustees, to the school’s foundation body or (in |
| |
the absence of such a body) to the governing body, to be held by that |
| 25 |
body for the relevant purposes. |
| |
(3) | If any doubt or dispute arises as to the persons to whom the authority are |
| |
required to make the transfer, it must be made to such persons as the |
| |
adjudicator thinks proper. |
| |
(4) | The authority must pay to the persons to whom the transfer is made their |
| 30 |
reasonable costs in connection with the transfer. |
| |
| |
(a) | a transfer is made under this paragraph, and |
| |
(b) | the transfer is made to persons who possess, or are or may become |
| |
entitled to, any sum representing proceeds of the sale of other |
| 35 |
premises which have been used for the purposes of the school, |
| |
| those persons must notify the local education authority that paragraph (b) |
| |
applies to them; and they or their successors must pay to the local education |
| |
authority so much of that sum as, having regard to the value of the interest |
| |
transferred, may be determined to be just, either by agreement between |
| 40 |
them and the authority or, in default of agreement, by the adjudicator. |
| |
(6) | In sub-paragraph (5)(b) the reference to proceeds of the sale of other |
| |
premises includes a reference to— |
| |
|
| |
|
| |
|
(a) | consideration for the creation or disposition of any kind of interest in |
| |
other premises, including rent, and |
| |
(b) | interest which has accrued in respect of any such consideration; |
| |
| and for the purposes of any agreed determination under sub-paragraph (5) |
| |
regard must be had to any guidance given from time to time by the Secretary |
| 5 |
| |
(7) | In sub-paragraph (5)(b), the reference to proceeds of sale of other premises |
| |
does not include the proceeds of disposal of land to which paragraph A2, A9 |
| |
or A16 of Schedule 22 of SSFA 1998 applies. |
| |
(8) | Any sum paid under sub-paragraph (5) is to be treated for the purposes of |
| 10 |
section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange |
| |
of land held on trust for the purposes of a school) as a sum applied in the |
| |
purchase of a site for the school. |
| |
(9) | A determination may be made under sub-paragraph (5) in respect of any |
| |
property subject to a trust which has arisen under section 1 of the Reverter |
| 15 |
of Sites Act 1987 (c. 15) (right of reverter replaced by trust for sale) if, and |
| |
| |
(a) | the determination is made by the adjudicator, and |
| |
(b) | he is satisfied that steps have been taken to protect the interests of the |
| |
beneficiaries under the trust. |
| 20 |
(10) | Sub-paragraph (5) is to apply for the purpose of compensating the authority |
| |
notified under that sub-paragraph only in relation to such part of the sum |
| |
mentioned in sub-paragraph (5)(b) (if any) as remains after the application |
| |
of paragraphs 1 to 3 of Schedule 22 to SSFA 1998 to that sum. |
| |
| 25 |
“the relevant purposes” means— |
| |
(a) | in relation to a transfer to a school’s foundation body, the |
| |
purposes of the schools comprising the group for which that |
| |
| |
(b) | in relation to a transfer to a school’s governing body, the |
| 30 |
| |
“site” does not include playing fields but otherwise includes any site |
| |
which is to form part of the premises of the school in question. |
| |
Grants in respect of certain expenditure relating to proposed voluntary aided school |
| |
29 (1) | This paragraph applies where any proposers are required by virtue of |
| 35 |
paragraph 25(2) to implement proposals involving the establishment of a |
| |
new voluntary aided school. |
| |
(2) | Paragraph 5 of Schedule 3 to SSFA 1998 applies in relation to the new school |
| |
as it applies in relation to an existing voluntary aided school. |
| |
(3) | In the application of that paragraph in relation to a new voluntary aided |
| 40 |
| |
(a) | the references to the governing body, in relation to any time before |
| |
the governing body are constituted, are to be read as references to the |
| |
| |
(b) | references to capital expenditure are to be read as if references in |
| 45 |
paragraphs 9A and 9B of Schedule 3 to SSFA 1998 to the promoters |
| |
were references to the proposers; |
| |
|
| |
|
| |
|
(c) | where requirements are imposed in relation to grant paid by virtue |
| |
of this paragraph to the proposers, the requirements must be |
| |
complied with by the governing body, when they are constituted, as |
| |
well as by the proposers. |
| |
Assistance for proposers of proposed voluntary aided school |
| 5 |
30 | A local education authority may give to persons required by virtue of |
| |
paragraph 25(2) to implement proposals involving the establishment of a |
| |
voluntary aided school such assistance as the authority think fit in relation |
| |
to the carrying out by those persons of any obligation arising by virtue of |
| |
| 10 |
Duty to transfer interest in premises provided under paragraph 30 |
| |
31 (1) | Where assistance under paragraph 30 consists of the provision of any |
| |
premises for use for the purposes of a school, the local education authority |
| |
must transfer their interest in the premises— |
| |
(a) | to the trustees of the school to be held on trust for the purposes of the |
| 15 |
| |
(b) | if the school has no trustees, to the school’s foundation body, to be |
| |
held by that body for the relevant purposes. |
| |
(2) | If any doubt or dispute arises as to the persons to whom the authority are |
| |
required to make the transfer it must be made to such persons as the |
| 20 |
adjudicator thinks proper. |
| |
(3) | The authority must pay to the persons to whom the transfer is made their |
| |
reasonable costs in connection with the transfer. |
| |
(4) | In this paragraph “the relevant purposes” means, in relating to a transfer to |
| |
a school’s foundation body, the purposes of the schools comprising the |
| 25 |
group for which that body acts. |
| |
| |
| |
Amendments relating to school organisation |
| |
Local Government Act 1972 (c. 70) |
| |
1 | In section 177 of the Local Government Act 1972 (provisions supplementary |
| 30 |
to sections 173 to 176), omit subsection (1A)(b) (which relates to school |
| |
organisation committees). |
| |
Local Government Act 1974 (c. 7) |
| |
2 | In section 25 of the Local Government Act 1974 (authorities subject to |
| |
investigation), omit subsection (5)(a) (which relates to school organisation |
| 35 |
| |
Sex Discrimination Act 1975 (c. 65) |
| |
3 | In section 27 of the Sex Discrimination Act 1975 (exception for single-sex |
| |
|
| |
|
| |
|
establishments turning co-educational) for subsection (1A) substitute— |
| |
“(1A) | Without prejudice to subsection (1), a transitional exemption order |
| |
| |
(a) | in accordance with regulations made by virtue of section |
| |
19(5) of the Education and Inspections Act 2006 (which |
| 5 |
relates to the alteration of maintained schools in England), or |
| |
(b) | in accordance with paragraph 21 or 22 of Schedule 6 or |
| |
paragraph 16 or 17 of Schedule 7 to the School Standards and |
| |
Framework Act 1998 (which relate to the alteration of |
| |
maintained schools and the rationalisation of school places in |
| 10 |
| |
Further and Higher Education Act 1992 (c. 13) |
| |
4 (1) | Section 58 of the Further and Higher Education Act 1992 (reorganisation of |
| |
schools involving establishment of further education corporation) is |
| |
| 15 |
(2) | In subsection (3), for paragraph (b) substitute— |
| |
“(b) | a prescribed alteration within the meaning of the relevant |
| |
school organisation provision has been made to the school,”. |
| |
(3) | After that subsection insert— |
| |
“(4) | In subsection (3)(b) “the relevant school organisation provision” |
| 20 |
| |
(a) | in relation to England, section 17 of the Education and |
| |
Inspections Act 2006, and |
| |
(b) | in relation to Wales, section 28 of the School Standards and |
| |
| 25 |
Education Act 1996 (c. 56) |
| |
5 (1) | Section 5 of EA 1996 (primary schools, secondary schools and middle |
| |
schools) is amended as follows. |
| |
(2) | For subsection (3) substitute— |
| |
“(3) | In this Act “middle school” means a school which, in pursuance of |
| 30 |
proposals published under any of the enactments specified in |
| |
subsection (3A), has been established as, or altered so as to become, |
| |
a school for providing full-time education suitable to the |
| |
requirements of pupils who— |
| |
(a) | have attained a specified age below 10 years and six months, |
| 35 |
| |
(b) | are under a specified age above 12 years. |
| |
(3A) | The enactments mentioned in subsection (3) are— |
| |
(a) | in relation to England— |
| |
(i) | section 28 or 28A of, or paragraph 5 of Schedule 7 to, |
| 40 |
the School Standards and Framework Act 1998, |
| |
(ii) | section 66 of, or paragraph 7 of Schedule 11 to, the |
| |
| |
(iii) | section 7, 9 or 18 of the Education and Inspections Act |
| |
| 45 |
|
| |
|