Back to previous page

Voting of committee on proposals under section 28, section 29 and Schedules 6, 7 and 23
     13.  - (1) In this Regulation references to a group of members of a school organisation committee shall be construed in accordance with the Education (School Organisation Committees) (England) Regulations 1999[7].

    (2) Each group of members shall collectively have a single vote in relation to any decision of the committee as to whether or not-

(a) in relation to proposals relating to a mainstream school, to give any approval under paragraph 3 of Schedule 6 or to-


(i) modify any proposals,

(ii) specify any later date, or

(iii) make any determination under paragraph 5(2)(a) or (b) or (3) of that Schedule,



(b) to make any recommendation such as is mentioned in paragraph 3(2) of Schedule 6 where that sub-paragraph applies with the modifications specified in paragraph 3 of Schedule 5 to these Regulations;

(c) to make, vary or revoke a transitional exemption order under paragraph 21 of Schedule 6 or paragraph 16 of Schedule 7 in relation to proposals relating to a mainstream school;

(d) to give any approval under paragraph 8 of Schedule 7 in relation to proposals relating to a mainstream school;

(e) to make any decision authorised by or by virtue of paragraph 6 of Schedule 23;

(f) to make any recommendation as is mentioned in paragraph 6(1) of Schedule 23 where that sub-paragraph applies with the modifications specified in paragraph 5 of Schedule 5 to these Regulations; or

(g) to defer consideration of whether to make any decision or recommendation on any of the matters referred to in sub-paragraphs (a) to (f) above.

    (3) All decisions on questions referred to in paragraph (2) shall be unanimous decisions of those voting.

Time within which reference must be made to the adjudicator
     14.  - (1) Where by virtue of paragraph 3(5) or 5(5) of Schedule 6, paragraph 8(5) of Schedule 7, paragraph 6(7) of Schedule 23 or regulation 16, the committee are required to refer any proposals or matter relating to mainstream schools to the adjudicator they shall do so within two weeks of the receipt of the request under any of those paragraphs.

    (2) Where by virtue of paragraph 3(6), 5(6) or 21(4)(a) of Schedule 6, paragraph 8(6) of Schedule 7, paragraph 6(8) of Schedule 23 or regulation 16, the committee are required to refer any proposals or matter relating to mainstream schools to the adjudicator they shall do so within two weeks of the date on which the committee voted but failed to reach a unanimous decision or (in the case of proposals required to be referred to the adjudicator under paragraph 8(6)(b) of Schedule 7) within two weeks of the date on which the committee decided not to give any approval under paragraph 8 of that Schedule.

Application of and modification to provisions of the Act in special cases
     15.  - (1) Schedule 4 to these Regulations has effect for the purpose of applying, with modifications where specified, provisions of section 28 and Part I of Schedule 6 in relation to proposals published under paragraph 5(4) of Schedule 6 relating to mainstream schools.

    (2) Subject to paragraph (3), Part I of Schedule 5 to these Regulations has effect for specifying the modifications to which section 28(6), section 29(5) and Schedule 6 are to be subject where proposals are published under section 28 or 29 for the transfer of a school to a site in a different area or which relate to a school which is or, is proposed to be, situated in an area other than that of the local education authority who maintain or who it is proposed should maintain the school.

    (3) The modifications to section 28(6), section 29(5) and Schedule 6 contained in Part I of Schedule 5 to these Regulations shall not however apply in relation to any proposals published under sections 28 or 29 in relation to which Chapter II of Part II of the Act has effect with the modifications specified in the Schedule to the Transition Regulations.

    (4) Subject to paragraph (5), Part II of Schedule 5 to these Regulations has effect for specifying the modifications to which paragraphs 5 and 6 of Schedule 23 are to be subject where proposals are published under paragraph 5 of Schedule 23 which relate to a school which is situated in an area other than that of the local education authority who maintain the school.

    (5) The modifications to paragraphs 5 and 6 of Schedule 23 contained in Part II of Schedule 5 to these Regulations shall not however apply in relation to any proposals published under paragraph 5 of Schedule 23 in relation to which that Schedule has effect with the modifications specified in regulation 9 of the School Standards and Framework Act 1998 (Admissions and Standard Numbers) (Modification) Regulations 1999[8].

Review of standard number decisions
     16.  - (1) This regulation makes provision, for the purposes of paragraph 6(10) of Schedule 23 for enabling the school organisation committee or the adjudicator-

(a) to review any relevant decision, that is to say a decision of theirs under paragraph 6(1) of that Schedule varying or, as the case may be, refusing to vary any standard number; and

(b) if appropriate, to revoke or vary that decision.

    (2) The school organisation committee or (if the decision was made by him) the adjudicator may review a relevant decision where they are satisfied, upon the application of the local education authority or the governing body, that-

(a) the decision was wrongly made by virtue of a material error of fact contained in the information provided to the school organisation committee in accordance with regulation 6(2); or

(b) there was an obvious error in the decision.

    (3) No such application for the review of a relevant decision shall be made later than one month after the date on which the person mentioned in paragraph 4(3) of Schedule 23 was given written notice of that decision by the school organisation committee or, as the case may be, the adjudicator.

    (4) Every such application shall be by notice in writing setting out the grounds on which it is made; and the body making the application shall forthwith serve a copy of it on the governing body or (in a case where it was made by that body) the local education authority who, in either case, shall then be entitled, not later than 14 days after the date of service, to make written representations to the school organisation committee or (as the case may be) the adjudicator in relation to the application.

    (5) If, having considered the application and any representations made as mentioned in paragraph (4), the school organisation committee or (as the case may be) the adjudicator determine-

(a) that they are not satisfied as mentioned in paragraph (2) and that therefore the relevant decision does not fall to be reviewed; or

(b) (where they are so satisfied) that the relevant decision should be revoked or varied, they shall forthwith give written notice of that determination to the governing body and the local education authority.

    (6) If-

(a) by not later than two months following the receipt of an application made in accordance with this regulation for the review of a relevant decision of theirs, the school organisation committee have not voted on the question of whether-


(i) they are satisfied as mentioned in paragraph (2), or

(ii) (where they are so satisfied) the decision should be revoked or varied; and



(b) the body by whom the application was made request the committee to refer the application to the adjudicator, they shall refer the application to the adjudicator.

    (7) The committee shall also refer the application to the adjudicator if they have voted on that question but failed to reach a unanimous decision.

    (8) Where any application is referred to the adjudicator under paragraphs (6) or (7)-

(a) he shall consider the application afresh; and

(b) paragraph (5) shall apply to him in connection with his decision on the application as it applies to the committee.

Construction of certain references to School Organisation Committee, Adjudicator etc.
     17.  - (1) Where regulation 19(4) of the Transition Regulations applies, the reference in regulation 11 to the school organisation committee or, as the case may be, the adjudicator shall be have affect as a reference to the Secretary of State.

    (2) Where Chapter II of Part II of the Act has effect in relation to any proposals with the modifications specified in the Schedule to the Transition Regulations, then in relation to those proposals-

(a) references in regulation 6 and regulation 7 to the school organisation committee shall have effect as references to the Secretary of State;

(b) regulation 6(1)(b), the words "and (where the proposals were published pursuant to an order under paragraph 2 or 3 of Schedule 7) to the Secretary of State" in regulation 6(2) and regulations 10 and 14 shall not have effect;

(c) references in regulations 8 and 11 to the school organisation committee or, as the case may be, the adjudicator shall have effect as references to the Secretary of State; and

(d) the reference, in paragraph 3 of Schedule 2 to these Regulations, to paragraph 2 of Schedule 6 or, as the case may be, paragraph 7 of Schedule 7 shall have effect as a reference to those paragraphs with the modifications so specified and accordingly the reference in paragraph 3(b) of Schedule 2 to the school organisation committee shall have effect as a reference to the Secretary of State.

    (3) Where paragraph 5(5) of Schedule 23 has effect subject to the modifications specified in paragraph 4 of Schedule 5 to these Regulations the reference, in paragraph 26 of Schedule 2 to these regulations, to paragraph 5(5) of Schedule 23 shall have effect as a reference to that paragraph subject to the modifications so specified.

    (4) Where in relation to any school paragraph 6(10) of Schedule 23 has effect with the modifications specified in regulation 9 of the School Standards and Framework Act 1998 (Admissions and Standard Numbers) (Modifications) Regulations 1999[9]-

(a) references in regulation 16(1) to (5) to the school organisation committee or, as the case may be, the adjudicator shall be treated as references to the Secretary of State; and

(b) regulation 16(6) to (8) shall not have effect.

Amendment of Transition Regulations
     18.  - (1) The Transition Regulations in relation to England are hereby amended as follows.

    (2) In regulation 12(b)(i) and (ii) for "section 42(1)(b)" there shall be substituted "section 41(1)(b)" in both places where they occur.

Revocation
     19. The Education (Publication of Proposals for Reduction in Standard Numbers) Regulations 1991[10] and the Education (Publication of School Proposals and Notices) Regulations 1993[11] (insofar as they continue to have effect, despite the repeal of the provisions containing the powers under which they were made, by virtue of the re-enactment of those powers with modifications) are hereby revoked in relation to England.


Estelle Morris
Minister of State, Department for Education and Employment

29th July 1999

(a) the date falling five years before the date on which the local education authority or, as the case may be, the governing body form the intention to make the enlargement concerned;

(b) the date when the school was established;

(c) where any proposals for the making of a significant enlargement of the premises of the school or for a prescribed alteration to the school consisting of an enlargement of the premises of the school have been approved under-


(i) section 12 or 13 of the Education Act 1980[12],

(ii) section 98 of the Education Act 1993[13].

(iii) section 37 , 43 or 261 of the Education Act 1996[14], or

(iv) paragraph 3 of Schedule 6, or paragraph 8 or 9 of Schedule 7, the date (or latest date) on which any such proposals were implemented; and



(d) where the local education authority have determined to implement any proposals for the making of a significant enlargement of the premises of the school or for prescribed alteration to the school consisting of an enlargement of the premises of the school under section 12(7) of the Education Act 1980, section 38 of the Education Act 1996 or paragraph 4 of Schedule 6 the date (or latest date) on which any such proposals were implemented;

"relevant amount" means 25% of the capacity of the school (before the enlargement) or 200 pupils whichever is the lesser.

     (2)  - (1) An increase in the number of pupils in any relevant age group by an additional form of entry except any such increase taking effect in the 1999-2000 school year.

    (2) In this paragraph a form of entry means-

(a) the number of pupils who are normally taught together in one class at the school, or

(b) 30, whichever is the less.

     3. The alteration of the upper or lower age limits of the school by a year or more, except-

(a) any alteration which consists of providing or ceasing to provide education for pupils over compulsory school age who are repeating a course of education completed before they reached compulsory school age; or

(b) any alteration of the upper age limit of the school resulting from persons beginning or ceasing to be provided with education falling within section 80(1) of the Act.

In this paragraph the upper and lower age limits of a school means respectively the highest and the lowest ages of pupils for whom education is normally provided at the school.

     4. The establishment or discontinuance of provision which is recognised by the local education authority as reserved for children with special educational needs.

     5. The introduction of admission arrangements to which section 101(1) of the Act applies.

     6. The revision of admission arrangements of a grammar school such as is mentioned in section 109(1) of the Act.

     7. An alteration to a school to provide that-

(a) a school which was an establishment which admitted pupils of one sex only becomes an establishment which admits pupils of both sexes; or

(b) a school which was an establishment which admitted pupils of both sexes becomes an establishment which admits pupils of one sex only.

For the purposes of this paragraph a school is to be treated as an establishment which admits pupils of one sex only if the admission of pupils of the other sex-

(a) is limited to pupils over compulsory age; and

(b) does not exceed 25% of the number of pupils in the age group in question normally at the school.

     8.  - (1) The introduction or ending of boarding provision.

    (2) The alteration of boarding provision such that the number of pupils for whom boarding provision is made is increased or decreased by 50 pupils or 50% (whichever is the greater).

     9. The transfer of a school to a new site except-

(a) where the transfer is to a site which formerly consisted of playing fields used by the school;

(b) where, in the opinion of the local education authority-


(i) it is not reasonably practicable to make to the existing premises of the school any alterations necessary to secure that they confirm to the standards prescribed under section 542 of the Education Act 1996, or

(ii) the teaching accommodation at the school is too small to enable teaching to be undertaken satisfactorily in the light of the number of pupils at the school and it is not reasonably practicable to enlarge the teaching accommodation; or



(c) where the transfer has been authorised by an order made before 1st September 1999 under section 47 of the Education Act 1996; and, in the case of a transfer such as is described in sub-paragraph (a) or (b), where the main entrance of the school on its new site will be within 3.218688 kilometres (two miles) of the main entrance of the school on its old site.

In this paragraph "playing fields" have the same meaning as in section 77 of the Act.

[8] S.I. 1999/1064.back

[9] S.I. 1999/1064.back

[10] S.I. 1991/411.back

[11] S.I. 1993/3113.back

[12] 1980 c. 20. Sections 12 and 13 are repealed by Schedule 38 to the Education Act 1996.back

[13] 1993 c. 35 repealed by Schedule 38 to the Education Act 1996.back

[14] 1996 c. 56. Sections 36, 43 and 261 are prospectively repealed by Schedule 31 to the Act.back