Statutory Instruments 1999 No. 2213
The Education (School Organisation Proposals) (England) Regulations 1999 - continued

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     33. Where the proposals are to transfer a school to a new site-

    (a) the map such as is referred to in paragraph 4 showing the location of the school at the proposed new site (as well as the existing site);

    (b) the information referred to in paragraph 5 relating to schools within the relevant radius of the school at its proposed new site (as well as its existing site);

    (c) the following information relating to the accommodation both at the old site and at the proposed new site-

      (i) the location of the accommodation and proposed accommodation,

      (ii) whether the school occupies a single or split site, and whether it is proposed that it should occupy a single or split site.

      (iii) how accessible the accommodation is, and how accessible the proposed accommodation will be,

      (iv) details of the general and specialist accommodation and proposed accommodation (both teaching and non-teaching), and

      (v) (where relevant) details of accommodation and proposed accommodation for nursery provision;

    (d) whether it is anticipated that there will be a shortage of school places at the schools within the relevant radius of the school at its existing site;

    (e) if any of the schools within the relevant radius of the proposed new site has unused capacity, a statement of the reasons why such school cannot make provision for any forecast increase in the numbers of children who might otherwise attend that school; and

    (f) details of any recurrent costs following implementation of the proposals, and any savings in expenditure as a result of implementation of the proposals.

     34. Where the implementation of the proposals will involve development for the purpose of the Town and Country Planning Act 1990 a statement as to whether planning permission has been obtained, and, if it has not been obtained, details of the reason (if known) why such permission has not been obtained.

     35. Where the school is a voluntary or foundation school which has a religious character, except where the proposals are to transfer the school to a new site, an estimate of the demand in the area for religious education in accordance with the tenets of the religion or religious denomination in question.



PART V

ADDITIONAL INFORMATION TO BE SENT WHERE THE PROPOSALS ARE TO DISCONTINUE A SCHOOL

     36. The following information relating to the school for the current school year and (except for the information specified in sub-paragraph (d)), the previous school year-

    (a) the standard number for each relevant age group;

    (b) the number of year groups;

    (c) the capacity of the school; and

    (d) the number of pupils at the school.

     37. The following information relating to the accommodation at the school-

    (a) the location of the accommodation;

    (b) whether the school occupies a single or split site; and

    (c) details of general and specialist accommodation.

     38. Details of proposals for pupils who are currently at the school to transfer to other schools together with any appropriate transitional provisions.

     39. An assessment of the quality of any schools to which it is proposed that such pupils may transfer.

     40. Where the school provides sixth form education, the information specified in paragraph 25 in relation to the school.



PART VI

INFORMATION TO BE SENT WHERE PROPOSALS ARE PUBLISHED UNDER PARAGRAPH 5 OF SCHEDULE 23

     41. The objectives of the proposal.

     42. Except where the application to vary a standard number is made in accordance with section 93(7) of the Act, evidence of the consultation which has taken place as required by paragraph 5(2) of Schedule 23 and evidence of any consultation required by section 89(2) of the Act relating to proposed admission arrangements where such arrangements have given rise to the proposal to vary a standard number, including-

    (a) copies of the consultation documents; and

    (b) the views and responses from the persons consulted.

     43. Where the application to vary a standard number is made in accordance with section 93(7) of the Act, a copy of the proposal made under section 93(5) of the Act and of the notice referred to in section 93(6) of the Act rejecting that proposal.

     44. The number of pupils at the school during the current school year.

     45. Where there is to be any change in the capacity of the school to accommodate pupils (calculated having regard to the guidance referred to in paragraph 6(11) of Schedule 23) a statement of the capacity before and after the proposed change.

     46. Where there is no change in the capacity of the school to accommodate pupils (calculated having regard to the guidance referred to in paragraph 6(11) of Schedule 23), evidence of the need for the proposed change.

     47. Where the proposal is to enable the objective referred to in paragraph 11(1)(b) of Schedule 23 to be achieved, a statement as to whether the proposed standard number was shown in the statement prepared under section 2 of the Act.

     48. A plan of the school showing the school buildings before any changes to the school buildings resulting from which the application is made, or which are proposed if a decision is made in accordance with the application, and a plan of the school showing the school buildings after such changes.

     49. Details of the gross area of the school and the gross teaching area of the school in square metres.

     50. Details of the number of pupils in each year group in the current school year and the preceding four school years.

     51. A statement as to whether-



SCHEDULE 4
Regulation 15(1)


PROVISIONS OF SECTION 28 AND SCHEDULE 6 APPLYING TO PROPOSALS PUBLISHED UNDER PARAGRAPH 5(4) OF SCHEDULE 6


The provisions of the Act specified in the left hand column of the table below shall have effect in relation to proposals published under paragraph 5(4) of Schedule 6 and, where modifications are specified in the right hand column of the table, shall have effect with those modifications.

Provision Modification
Section 28(3). That subsection shall have effect as if for paragraphs (a) and (b) and the words "as may be prescribed" there were substituted-

" contain-

    (a) the information contained in the original proposals; and

    (b) a statement as to why it is proposed that paragraph 5(1) of Schedule 6 should not apply in relation to the original proposals, and in this section "the original proposals" means the proposals to which it is proposed that paragraph 5(1) of Schedule 6 should not apply".
Section 28(5). That subsection shall have effect as if for the words "under this section" there were substituted "under paragraph 5(4) of Schedule 6".
Section 28(6). That subsection shall have effect as if for the words "under this section" there were substituted "under paragraph 5(4) of Schedule 6" and for paragraph (b) there were substituted-

    " (b) a copy of the information sent to the committee under regulations under this subsection when the original proposals were published (or, where the original proposals were published before 1st September 1999, any information sent to the Secretary of State in connection with the proposals); and

    (c) the information prescribed in Schedule 3 to the Education (School Organisation Proposals) (England) Regulations 1999 which would have been applicable if the original proposals had been published at the time when the proposals under paragraph 5(4) of Schedule 6 were published.".
Section 28(10). That subsection shall have effect as if for the words "the local education authority, governing body or promoters mentioned in subsection (1) or (2) (as the case may be)" there were substituted the words "the body or promoters who, in accordance with paragraph 5(4) of Schedule 6, published the proposals".
Schedule 6  
Paragraph 1. That paragraph shall have effect as if in sub-paragraph (1) for the words "published under section 28, 29 or 31" there were substituted the words "published under paragraph 5(4)".
Paragraph 2. That paragraph shall have effect as if-

    in sub-paragraph (1) for "section 28 29 or 31" there were substituted "paragraph 5(4)";

    in sub-paragraph (2)(a) for "such period as may be prescribed" there were substituted "two months from the date on which the proposals were published.";

    in sub-paragraph (2)(b) for "such period as may be prescribed" there were substituted "one month from the end of the objection period";

    in sub-paragraph (3) for "such period as may be prescribed" there were substituted "two months from the date on which the proposals were published".




SCHEDULE 5
Regulation 15(2) and (4)


OTHER MODIFICATIONS TO SECTION 28, SECTION 29 AND SCHEDULES 6 AND 23 IN SPECIAL CASES




PART I

MODIFICATIONS TO SECTIONS 28 AND 29 AND SCHEDULE 6

     1.  - (1) In relation to proposals published under section 28 of the Act for the transfer of a school to a site in a different area section 28(6) shall have effect as if for "or (in the case of a new school) who it is proposed should maintain the school" there were substituted-

    " and to the school organisation committee for the area of the other relevant local education authority and in this subsection the other relevant local education authority is-

        (i) where the existing site of the school is in the area of the local education authority who maintain the school, the local education authority in the area of which the proposed new site of the school is to be situated,

        (ii) where the proposed new site of the school is in the area of the local education authority who maintain the school, the local education authority for the area in which the existing site of the school is situated, and

        (iii) where neither the existing site, nor the proposed new site of the school are in the area of the local education authority who maintain the school, the local education authority for the area in which the existing site of the school is situated.".

     2. In relation to proposals (other than those mentioned in paragraph 1) published under section 28 or 29 of the Act which relate to a school which is or (in the case of a new school) is proposed to be, situated in an area other than that of the local education authority who maintain or (as the case may be) who it is proposed should maintain the school,

    (a) section 28(6) shall have effect as if at the end there were added "and to the school organisation committee for the area of the local education authority in which the school is, or (in the case of a new school) is proposed to be, situated"; and

    (b) section 29(5) shall have effect as if at the end there were added "and to the school organisation committee for the area of the local education authority in which the school is situated".

     3. In relation to proposals described in paragraphs 1 and 2 above, paragraph 3 of Schedule 6 shall have effect as if-

    (a) for sub-paragraph (2) there were substituted the following sub-paragraph-

        " (2) Where are proposals require approval under this paragraph, they shall be considered in the first instance by the relevant committee ("committee A") who, subject to subparagraph (6)(b) and (c), may, after seeking and, unless the other committee to whom the proposals were sent under section 28(6) ("committee B") have failed to reach a decision on what recommendation to give, obtaining the recommendation of committee B-

      (a) reject the proposals;

      (b) approve them without modification; or

      (c) approve them with such modifications as the committee think desirable after consulting the body who published the proposals and, where the proposals were published to establish a new foundation or voluntary school or were published by the governing body of a school, the local education authority who maintain or who it is proposed should maintain, the school.".

    (b) after sub-paragraph (3) there were inserted the following sub-paragraphs-

        " (3A) Where under sub-paragraph (2) the recommendation of committee B is sought, that committee, in deciding what recommendation to give, shall have regard to-

      (a) any guidance given from time to time by the Secretary of State, and

      (b) the school organisation plan for the committee's area.

        (3B) Where-

      (a) under sub-paragraph (2) the recommendation of committee B is sought; and

      (b) in accordance with regulations under paragraph 5 of Schedule 4 the question of what recommendation to give to committee A falls to be decided by a unanimous decision; but

      (c) committee B have failed to reach a decision on what recommendation to give, committee B shall inform committee A of that fact.";

    (c) for sub-paragraph (6) there were substituted the following sub-paragraph-

        " (6) If committee A-

      (a) have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under this paragraph by a unanimous decision but have failed to reach a decision on that matter;

      (b) have voted not to accept the recommendation of committee B; or

      (c) have been informed by committee B under sub-paragraph (3B) that committee B is unable to reach a decision on what recommendation to give, they shall refer the proposals to the adjudicator."; and

    (d) for sub-paragraph (7) there were substituted the following sub-paragraph-

        " (7) where any proposals are referred to the adjudicator under sub-paragraph (5) or (6)-

      (a) he shall consider the matter afresh;

      (b) he may-

        (i) reject the proposals;

        (ii) approval them without modification, or

        (iii) approve them with such modifications as the adjudicator may think desirable after consulting the body who published the proposals and, where the proposals were published to establish a new foundation or voluntary school or were published by the governing body of a school, the local education authority who maintain or who it is proposed maintain, the school;

      (c) sub-paragraph (3) shall apply to the adjudicator in connection with his decision on the proposals as it applies to the relevant committee; and

      (d) when deciding whether or not to give any approval under this paragraph the adjudicator shall have regard to-

        (i) any guidance given from time to time by the Secretary of State; and

        (ii) the school organisation plans for the area of the areas of the relevant committee and the other committee to whom the proposals were sent under Section 28(6); and the adjudicator shall not give any such approval until he is satisfied that adequate financial resources will be available to enable the proposals to be implemented.".



PART II

MODIFICATIONS TO SCHEDULE 23

     4. In relation to proposals 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, paragraph 5 of Schedule 23 shall have effect as if-

    (a) at the end of sub-paragraph (1)(b) there were added "for the area of the local education authority which maintains the school ("committee A") and to the school organisation committee for the area of the local education authority in which the school is situated ("committee B")";

    (b) for sub-paragraph (2) there were substituted the following sub-paragraphs-

        " (2) Before the local education authority makes such an application they shall consult the local education authority in whose area the school is situated and the governing body.

        (2A) Before the governing body makes such an application they shall consult the local education authority who maintain the school and the local education authority in whose area the school is situated.";

    (c) in sub-paragraph (3) after "(2)" there were inserted "or (2A)"; and

    (d) in sub-paragraph (5) for "the school organisation committee" there were substituted "committee A".

     5. In relation to proposals described in paragraph 4 above, paragraph 6 of Schedule 23 shall have effect as if-

    (a) in sub-paragraph (1) for "the school organisation committee may" there were substituted "committee A, subject to sub-paragraph (8)(b) and (c) may, after seeking, and, unless committee B have failed to reach a decision on what recommendation to give, obtaining the recommendation of committee B";

    (b) after sub-paragraph (1) there were inserted the following sub-paragraphs-

        " (1A) Where under sub-paragraph (1) the recommendation of committee B is sought, that committee, in deciding what recommendation to give, shall have regard to-

      (a) any guidance given from time to time by the Secretary of State;

      (b) the school organisation plan for the area in which the school is situated; and

      (c) where the application is for the reduction of a standard number at a primary school, any limit imposed under section 1 which applies to that school and to any other school which is likely to be affected if any reduction of that number were to be made.

        (1B) Subject to sub-paragraph (1C), committee B shall not make a recommendation that the standard number be reduced unless they are satisfied that the reduction is necessary having regard to the school's capacity to accommodate pupils.

        (1C) Where-

      (a) an application is for a reduction of any standard number applicable to admissions to an infant class (as defined by section 4); and

      (b) committee B are satisfied that the admission to the school in any school year of a number of children in any relevant age group equal to the relevant standard number would cause prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section, committee B shall make a recommendation that the standard number be reduced by the smallest number which they consider sufficient to avoid such prejudice arising.

        (1D) Where-

      (a) under sub-paragraph (1) the recommendation of committee B is sought; and

      (b) in accordance with regulations under paragraph 5 of Schedule 4 the question of what recommendation to give to committee A falls to be decided by a unanimous decision; but

      (c) committee B have failed to reach a decision on what recommendation to give, committee B shall inform committee A of that fact.";

    (c) in sub-paragraph (2) after "the local education authority" there were inserted "who maintain the school";

    (d) in sub-paragraph (3)(b) for "the area in which the school is situated" there were substituted "the area of the local education authority who maintain the school";

    (e) for sub-paragraph (8) there were substituted the following sub-paragraph-

        " (8) If committee A-

      (a) have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under sub-paragraph (1) by a unanimous decision but have failed to reach a unanimous decision on that matter;

      (b) have voted not to accept the recommendation of committee B; or

      (c) have been informed by committee B under sub-paragraph (1D) that committee B is unable to reach a decision on what recommendation to give, they shall refer the application to the adjudicator."; and

    (f) for sub-paragraph (9) there were substituted-

        " (9) Where any application is referred to the adjudicator under sub-paragraph (7) or (8)-

      (a) he shall consider the application afresh; and

      (b) sub-paragraphs (1) (without the reference to seeking and obtaining the recommendation of committee B), (2), (3)(a) and (c), and (4) to (6) shall apply to him in connection with his decision on the application as they apply to the committee; and

      (c) when making any decision in accordance with sub-paragraph (1) the adjudicator shall have regard to the school organisation plan for the area of committee A and committee B".


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations prescribe various matters relating to proposals for the establishment, alteration and discontinuance of schools maintained by local education authorities other than special schools.

Regulation 3 with Schedule 1 prescribes (for the purposes of section 28 of the School Standards and Framework Act 1998) the alterations for which notice of proposals must be published. Regulation 4 with Schedule 2 prescribed the information which must be contained in published proposals and regulation 5 prescribes the manner in which such proposals must be published. Regulation 6 with Schedule 3 prescribes additional information which has to be provided to the School Organisation Committee and (where proposals are published as result of an order by the Secretary of State under Schedule 7 to the School Standards and Framework Act 1998) to the Secretary of State. Regulation 7 prescribes the time limit for objecting to the proposals and the time limit within which (when proposals have been published by a local education authority) a local education authority must send copies of objections to the School Organisation Committee.

Regulation 8 prescribes the bodies with whom the school organisation committee or adjudicator must consult before approving proposals with modifications. Regulation 9 prescribes events which can be specified in a conditional approval.

Regulation 10 provides for the period after which, if the school organisation committee has not voted on a matter, they must, if the body by whom the proposals were published so requests, refer the matter to the adjudicator.

Regulation 11 prescribes the persons at whose request the school organisation committee or adjudicator may modify approved proposals and the bodies with whom the committee or adjudicator must consult before doing so.

Regulation 12 provides for the information which must be provided by the school organisation committee or adjudicator to various persons specified in regulation 12 in connection with published proposals.

Regulation 13 provides for the voting of the school organisation committee. Provision is made that each group of members is collectively to have a single vote when taking decisions relating to the approval of proposals to establish, alter or discontinue schools and that all such decisions must be unanimous decisions of those voting.

Regulation 14 provides for the time limit within which matters must be referred to the adjudicator.

Regulation 15 with Schedules 4 and 5 applies provisions of sections 28 and 29 of, and Schedules 6 and 23 to, the School Standards and Framework Act 1998 with modifications to cases where-

    (a) proposals are published under paragraph 5(4) of Schedule 6 to that Act that a body should not be under an obligation to implement approved proposals; or

    (b) proposals are published for the transfer of a school to a new site in a different local education authority area or which relate to a school which is, or is proposed to be, situated in an area other than that of its maintaining local education authority.

Regulation 16 makes provisions for the school organisation committee or adjudicator to review decisions on standard numbers.

Regulation 17 makes modifications to the regulations which will apply during certain transitional periods and in other special cases.

Regulation 18 amends the Education (School Organisation Proposals) (Transition to New Framework) Regulations 1999 to correct an error in those regulations and regulation 19 revokes two sets of regulations (insofar as they would otherwise remain in force) which deal with the manner of publication of certain proposals.

Notes:

 [18] 1989 c. 42.back


ISBN 0 11 085096 3


 

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