Statutory Instrument 1993 No. 3113

The Education (Publication of School Proposals and Notices) Regulations 1993

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© Crown Copyright 1993

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1993 No. 3113

EDUCATION, ENGLAND AND WALES

The Education (Publication of School Proposals and Notices) Regulations 1993

In exercise of the powers conferred on the Secretary of State by the provisions set out in column 1 of Schedule 1 to these Regulations as amended by the provisions set out in column 2 of the said Schedule, the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

Citation, commencement and revocation
    1.—(1)  These Regulations may be cited as the Education (Publication of School Proposals and Notices) Regulations 1993.

    (2)  Regulations 1(1), (2) and (4), 6 and 7(1) (so far as it relates to section 32(2)(a) of the Education Act 1993) of, and Schedules 1 and 2 (so far as it relates to the said section 32(2)(a)) to, these Regulations shall come into force on 1st January 1994 and the remaining provisions shall come into force on 1st April 1994.

    (3)  The Education (Publication of School Proposals) (No.2) Regulations 1980^[1] shall be revoked.

    (4)  Regulation 3 of the Education (Grant-maintained Schools) (Publication of Proposals) Regulations 1989^[2] shall cease to have effect on the date that this paragraph comes into force, and those Regulations shall be revoked on 1st April 1994.

Interpretation
    2.    In these Regulations"promoters" has the meaning given by section 49(1)^[3] of the Education Act 1993.

Manner of Publication of Proposals
    3.—(1)  Any proposals which (as the case may be) are required to be, or may be, published pursuant to—
 (a) section 12(1) or 13(1) of the Education Act 1980^[4] (proposals for the establishment, discontinuance, alteration or transfer of schools by local education authorities or for the establishment, alteration or transfer of voluntary schools);
 (b) section 96(1)(a) or 97(2) of the Education Act 1993^[5] (proposals for the alteration or transfer of grant-maintained schools);
 (c) section 104(4) or 105(2) of the Education Act 1993^[6] (proposals for the discontinuance of grant-maintained schools); or
 (d) section 272(2) of the Education Act 1993^[7] (proposals for the alteration of schools proposed for grant-maintained status),
shall be published—
 (i) by being posted in at least one conspicuous place, in the case of proposals for the establishment of a school, in the area proposed to be served by the school, in the case of proposals for the alteration of a school which would not alter the area served by the school, or for the discontinuance of a school, in the area served by the school, and, in any other case, in both such areas;
 (ii) in at least one newspaper circulating in the area or areas referred to in sub-paragraph (i) above;
 (iii) in the case of proposals relating to an existing school, by being posted at or near the main entrance to the school, or (if there is more than one main entrance) all of them.

    (2)  For the purposes of this regulation, references to the discontinuance of a school, in the case of a school which is maintained by a local education authority, are references to that authority ceasing to maintain the school.

    4.    Any proposals which are required to be published by section 48(3)(a) or 49(1)(a) of the Education Act 1993^[8] (proposals for the establishment of grant-maintained schools) shall be published—
 (a) by being posted in at least one conspicuous place in the area proposed to be served by the school to which the proposals relate;
 (b) by being made available for inspection at all reasonable times at any place in that area to which members of the public may conveniently have access;
 (c) in at least one newspaper circulating in that area; and
 (d) in the case of proposals by promoters to establish a grant-maintained school in place of an existing independent school, by being posted at or near the main entrance to that school or (if there is more than one main entrance) all of them.

    5.—(1)  Any proposals, other than in respect of any maintained or grant-maintained special school, which may be made pursuant to section 234(1) of the Education Act 1993^[9] (proposals for the establishment, alteration or discontinuance of schools by Secretary of State following making of directions to the local education authority, the funding authority or the governing body of a voluntary school to make such proposals) shall be published—
 (a) in the case of proposals relating to the establishment of any grant-maintained school, in accordance with regulation 4(a) to (c) above;
 (b) in all other cases, in accordance with regulation 3 above.

    (2)  Where any proposals in respect of the establishment, alteration or any maintained or grant-maintained special school are made pursuant to section 234(1) of that Act, notice of them shall be served on those persons on whom notice would be required to be served under regulations made pursuant to section 183 of that Act^[10], as if that section applied to the proposals.

Notice of Governors
    6.—(1)  Any notice required to be published by section 72(4) or section 73(5)(b) of the Education Act 1993^[11] (notice of determination of initial governors) shall be published—
 (a) by being posted at or near the main entrance to the school, or (if there is more than one main entrance) all of them;
 (b) by being posted in the same place within the area served by the school as that in which the proposals for acquisition of grant-maintained status for the school as published were posted in accordance with paragraph 1(1)(b) of Schedule 3 to the Education Act 1993^[12]; and
 (c) by being made available for inspection at all reasonable times at the same place as that at which those proposals as published were made available for inspection in accordance with paragraph 1(1)(c) of that Schedule.

    (2)  A notice of the kind referred to in paragraph (1) above, shall be published within 7 days beginning with the date of, as the case may be, the relevant election, appointment or selection.

Proposals and Prescribed Information for Nursery Education
    7.—(1)  Proposals published under any of the following sections of the Education Act 1993, namely, section 32(2)(a), 48(3)(a), 49(1)(a), 96(1)(a) or 97(2)^[13] (proposals for the acquisition of grant-maintained status for schools or for the establishment, alteration or transfer of grant-maintained schools), shall, if pupils are proposed to be admitted for nursery education to the school the subject of the proposals, give the information specified in Schedule 2.

    (2)  Proposals made under section 234(1) of the Education Act 1993^[14] (proposals for the establishment, alteration or discontinuance of schools by Secretary of State following making of directions to the local education authority, the funding authority or the governing body of a voluntary school to make such proposals), shall, if pupils are proposed to be admitted for nursery education to a grant-maintained school the subject of the proposals, give the information specified in Schedule 2.

Amendment of Regulations
    8.—(1)  For regulation 2(c) of the Education (Publication of proposals to change status of a controlled school) Regulations 1987^[15] there shall be substituted the following—
"(c) by being posted at or near the main entrance to that school or (if there is more than one main entrance) all of them." .



    (2)  For regulation 2(c) of the Education (Publication of Proposals for Reduction in Standard Number) Regulations 1991^[16] there shall be substituted the following—
"(c) by being posted at or near the main entrance to that school or (if there is more than one main entrance) all of them." .

[1] S.I. 1980/658. back

[2] S.I. 1989/1469. back

[3] Section 49(1) is not in force at the date of these Regulations. back

[4] 1980 c. 20; sections 12(1) and 13(1) are amended by, respectively, sections 229(1) and 230(1) of the Education Act 1993. back

[5] Sections 96(1)(a), 97(2), 104(4), 105(2), 272(2) are not in force at the date of these Regulations. back

[6] Sections 48(3)(a) and 49(1)(a) are not in force at the date of these Regulations. back

[7] Section 234(1) is not in force at the date of these Regulations.The expressions "maintained special school" and "grant-maintained special school" are defined in section 182(2) and (3) of the Education Act 1993 respectively; that section is not in force at the date of these Regulations. back

[8] Sections 183, 72(4) and 73(5)(b) and Schedule 3 are not in force at the date of these Regulations. back

[9] Sections 32(2)(a), 48(3)(a), 49(1)(a), 96(1)(a), 97(2) and 234(1) are not in force at the date of these Regulations. back

[10] S.I. 1987/34. back

[11] S.I. 1991/411. back

[12] 1980 c. 20. back

[13] 1993 c. 35. back

[14] 1986 c. 61. back

[15] 1988 c. 40. back

[16] 1992 c. 13. back

Explanatory Note