Education Bill [HL]

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Schedule 10 — Proposals under section 65 for establishment of secondary schools: supplementary
Part 2 — Approval of proposals by school organisation committee or adjudicator
98

(a)
for the making of objections or comments in relation to the proposals
within a prescribed period to the local education authority who
published the proposals, and
(b)
for the sending by the local education authority to the school
organisation committee within a prescribed period of copies of
5
objections or comments received.
Approval of proposals
4     (1)
The proposals must be considered in the first instance by the school
organisation committee.
      (2)
The committee may—
10
(a)
reject all the proposals,
(b)
approve any of the proposals without modification,
(c)
approve any of the proposals with such modifications as the
committee think desirable after consulting such persons as may be
prescribed, or
15
(d)
if the committee think it appropriate to do so, and subject to
regulations, refer to the adjudicator all the proposals with any
comments on them made by the committee.
      (3)
Sub-paragraph (2) does not apply in any case where paragraph 5 requires
the committee to refer the proposals to the adjudicator.
20
      (4)
Regulations may make provision modifying the application of sub-
paragraphs (1) and (2) in relation to proposals which are related to other
proposals of a prescribed description; and regulations may require the
committee, in deciding for the purposes of the regulations whether any
proposals are related, to have regard to any guidance given from time to
25
time by the Secretary of State.
      (5)
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.
      (6)
When deciding whether or not to give an approval under this paragraph, the
30
committee must have regard to any guidance given from time to time by the
Secretary of State.
      (7)
Sub-paragraphs (1) and (2) do not prevent the promoters or local education
authority by whom any proposals have been made from withdrawing those
proposals—
35
(a)
except in a case where the proposals have been referred to the
adjudicator, by notice in writing to the school organisation
committee, or
(b)
in that excepted case, by notice in writing to the adjudicator,

at any time before the proposals are determined under this paragraph by the
40
committee or by the adjudicator.
Mandatory reference to adjudicator
5     (1)
Regulations may make provision requiring the school organisation
committee in prescribed cases to refer to the adjudicator all the proposals
with any comments made on them by the committee.
45

Education Bill [HL]
Schedule 10 — Proposals under section 65 for establishment of secondary schools: supplementary
Part 2 — Approval of proposals by school organisation committee or adjudicator
99

      (2)
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
paragraph 3 but which, at the time when the direction is given, have
not been determined by the committee, and
5
(b)
all subsequent proposals submitted to the committee under that
paragraph until the direction is revoked,

with any comments made on any of the proposals by the committee.
      (3)
Where a direction under sub-paragraph (2) is given to a school organisation
committee at a time when the committee are considering proposals which
10
consist of or include proposals to establish an Academy, the committee must
complete any consultation required by paragraph 7 before referring the
proposals to the adjudicator.
      (4)
Where a school organisation committee are required by regulations under
sub-paragraph (1) or a direction under sub-paragraph (2) to refer any
15
proposals (“the relevant proposals”) to the adjudicator, the committee must
also refer to the adjudicator any proposals published under section 28, 28A,
29 or 31 of the School Standards and Framework Act 1998 (c. 31) which relate
to the area of the local education authority, if they are satisfied that the
proposals are related to the relevant proposals.
20
      (5)
In deciding under sub-paragraph (4) whether any proposals are related to
other proposals the school organisation committee must have regard to any
guidance given from time to time by the Secretary of State.
Effect of reference to adjudicator
6     (1)
Where any proposals are referred to the adjudicator under paragraph 4(2)(d)
25
or paragraph 5(1) or (2)—
(a)
he must consider the proposals afresh, and
(b)
sub-paragraphs (2) and (4) to (6) of paragraph 4 (other than sub-
paragraph (2)(d) of that paragraph) apply to him in connection with
his decision on the proposals as they apply to the committee.
30
      (2)
The revocation of a direction under paragraph 5(2) does not affect the
determination by the adjudicator of any proposals referred to him before the
revocation.
Proposals to establish Academy
7     (1)
Regulations may provide that, where proposals submitted to the school
35
organisation committee under paragraph 3 consist of or include proposals to
establish an Academy, the committee must within the prescribed period
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
40
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 with a view to entering into an agreement under
section 482 of the Education Act 1996 (c. 56) for the establishment of an
45
Academy.

Education Bill [HL]
Schedule 10 — Proposals under section 65 for establishment of secondary schools: supplementary
Part 3 — Determination by LEA whether to implement proposals
100

      (3)
If a direction under paragraph 5(2) is in force in relation to a school
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
5
paragraph 4 as it has effect in relation to a decision of the school organisation
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
10
section 482 of the Education Act 1996 (c. 56).
Provision of information
8
Regulations may, in relation to any proposals published under section 65,
require any of the following—
(a)
the authority or promoters who published the proposals,
15
(b)
the school organisation committee, and
(c)
the adjudicator,

to provide such information relating to the proposals to such persons, and at
such times, as may be prescribed.
Part 3
20
Determination by LEA whether to implement proposals
9     (1)
Where the only proposals published in pursuance of a notice published
under section 65 by a local education authority are proposals published by
that authority by virtue of subsection (5)(b) of that section and either—
(a)
no objections were made in accordance with regulations under
25
paragraph 3, or
(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
30
must determine whether the proposals should be implemented.
      (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
35
any determination made by the authority under sub-paragraph (1).
      (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—
40
(a)
any undetermined proposals published by the authority under
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,

Education Bill [HL]
Schedule 10 — Proposals under section 65 for establishment of secondary schools: supplementary
Part 4 — Implementation of proposals
101

(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
area of the authority,
(c)
any undetermined proposals published under Schedule 7 to the
Learning and Skills Act 2000 (c. 21),
5
(d)
any undetermined proposals published under section 113A of the
Learning and Skills Act 2000 (c. 21), if those proposals are of a
description 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
10
description so prescribed, or
(f)
any direction under paragraph 3(2) or 4(2) of Schedule 11 to this Act.
      (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
15
Schedule, under paragraph 9 or 10 of Schedule 11 to this Act, under
paragraph 3 of Schedule 6 to the School Standards and Framework
Act 1998 (c. 31), or under Schedule 7 or 7A to the Learning and Skills
Act 2000 (c. 21), or
(b)
the authority have not determined under this paragraph whether to
20
implement them, or
(c)
the Secretary of State has not made a decision as to whether or not to
make an order under section 16 or 27 of the Further and Higher
Education Act 1992 (c. 13),

as the case may be; and when deciding under sub-paragraph (3) whether
25
proposals are related to other proposals the authority must have regard to
any guidance given from time to time by the Secretary of State.
      (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
30
paragraph.
      (6)
Where, in the case of any proposals within sub-paragraph (1)—
(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
35
virtue of sub-paragraph (3), or
(c)
the authority refer the proposals to the school organisation
committee,

the proposals must be considered afresh under paragraph 4.
Part 4
40
Implementation of proposals
Requirement to implement proposal to establish maintained school
10    (1)
Where—
(a)
any proposals to establish a community, foundation or voluntary
school have been approved under paragraph 4, or
45
(b)
a local education authority have determined under paragraph 9 to
implement any such proposals,

Education Bill [HL]
Schedule 10 — Proposals under section 65 for establishment of secondary schools: supplementary
Part 4 — Implementation of proposals
102


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

the committee may determine that sub-paragraph (1) is to cease to apply to
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
20
with regulations, by the authority or promoters who published the
proposals referred to in sub-paragraph (1); and regulations may provide for
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—
25
(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
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—
30
(a)
he must consider the matter afresh, and
(b)
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 committee.
Proposals not falling to be implemented
35
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—
(a)
any approval under paragraph 4 was given in accordance with
40
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)),

paragraph 10(1) ceases to apply to the proposals.
45

Education Bill [HL]
Schedule 10 — Proposals under section 65 for establishment of secondary schools: supplementary
Part 4 — Implementation of proposals
103

      (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.
      (4)
Where, by virtue of sub-paragraph (2), paragraph 10(1) ceases to apply to
5
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
12
Proposals to establish a community school which fall to be implemented
10
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
controlled school which fall to be implemented under paragraph 10.
15
      (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
extent (if any) as the proposals provide for each of them to do so.
20
      (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
controlled or foundation special school) applies as it applies in the
25
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.
      (2)
The proposals must be implemented—
30
(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—
35
(a)
in a case where it is proposed to establish the school at the site
specified in the notice under section 65, 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
40
required, by virtue of sub-paragraph (2)(a), to provide for a school the site
specified in a notice under section 65.

Education Bill [HL]
Schedule 11 — Rationalisation of school places in England
Part 1 — Introductory
104

      (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
purposes of the school, or
(b)
if the school has no trustees, to the school’s foundation body to be
5
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
required to make a transfer under sub-paragraph (5), it is to be made to such
persons as the Secretary of State thinks proper.
10
      (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
1998 (c. 31) (grants in respect of certain expenditure relating to voluntary
aided schools) applies in relation to the obligation under sub-paragraph
15
(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
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
20
in that paragraph, and paragraph 20 of that Schedule (duty on LEA to
transfer interest in premises provided under paragraph 19) applies
accordingly.
Proposals relating to Academy
15
Where proposals to establish an Academy published under section 65 are
25
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)
does not apply.
Schedule 11
30
Section 66

Rationalisation of school places in England
Part 1
Introductory
1
In this Schedule “the 1998 Act” means the School Standards and Framework
Act 1998 (c. 31).
35
2
In this Schedule—
(a)
“powers to make or invite proposals for the establishment, alteration
or discontinuance of schools” means all or any of the powers of the
local education authority—
(i)
to publish proposals under section 28, 28A, 29 or 31 of the
40
1998 Act, or