Office of Public Sector Information

“a description of the proposed types of learning difficulties in respect of which education will be provided and where provision for special educational needs already exists, the current types of provision;”;

(j) omit “and” at the end of paragraph 18(g);

(k) at the end of paragraph 18(h) insert “and”;

(l) after paragraph 18(h) insert—

“(i) the number of places specially reserved for children with special educational needs, and where this number is to change, the proposed number of such places.”

(m) after paragraph 25 insert—

“Expansion of successful and popular schools

25A.—(1) Proposals must include a statement of whether the local authority consider that the presumption for the expansion of successful and popular schools should apply and where the local authority consider the presumption applies, evidence to support this.

(2) Sub-paragraph (1) applies to proposals in respect of primary and secondary schools, (except grammar schools), falling within paragraphs—

(a) 1 and 2 of Part 1 to Schedule 4;

(b) 12 of Part 2 to Schedule 4.”

(n) for sub-paragraph 27(1)(c) substitute—

“(c) families of pupils at the school;”;

(o) after sub-paragraph 27(1)(c) insert—

“(cc) teachers and other staff at the school;”

(p) in sub-paragraph 27(1)(e)—

(i) after “families” insert “of pupils”,

(ii) for “parents” substitute “families”;

(q) in paragraph 28(1)—

(i) in sub-paragraph (a) for “9(a) and 9(a); and” substitute “9(a), 15(a)(i), 16(2), 18(a), 18(c) and 19(a),”

(ii) insert “and” at the end of sub-paragraph (b), and

(iii) after sub-paragraph (b) insert—

“(c) a statement explaining that any person may object to, or comment on, the proposals, including the address to which objections or comments should be sent and the date by which they must be submitted.”;

(r) in sub-paragraph 28(2)(b) after “one” insert “local”;

(s) in paragraph 28(3)—

(i) omit sub-paragraph (3)(b),

(ii) in sub-paragraph (3)(c) after “week of” insert “receipt of”, and

(t) after paragraph 28(3) insert—

“(3A) The governing body must send to the Secretary of State within 1 week of the date of publication—

(a) a complete set of the proposals, excluding the information contained in paragraph 11 of this Schedule (evidence of consultation); and

(b) a copy of the information published under sub-paragraph (1).”;

(u) at the end of sub-paragraph 28(5)(c) insert “and”;

(v) omit “and” at the end of sub-paragraph 28(5)(d);

(w) omit sub-paragraph 28(5)(e);

(x) after paragraph 28(5) insert—

“(6) Where the proposals relate to a special school, the governing body must also send a copy of the information contained in sub-paragraph (1) to parents of children who attend the special school.”;

(y) in paragraph 38(1)—

(i) omit “and” at the end of sub-paragraph (k),

(ii) in sub-paragraph (l) for “(g)” substitute “(k)” and insert “and” at the end of that sub-paragraph.

(z) after sub-paragraph (l) insert—

“(m) where proposals are related to proposals for the establishment of new schools, or discontinuance of schools and those proposals depend on the occurrence of events specified in regulation 20 of the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007, the occurrence of such an event.”;

(aa) for paragraph 40 substitute—

“40.  Where any proposals have been approved under paragraph 31 or 32 then the proposals must be implemented in the form in which they were so approved or determined, in accordance with this Schedule.”;

(bb) after paragraph 40 insert the following paragraphs—

“Proposals relating to foundation, foundation special or voluntary controlled schools

40A.  Proposals relating to a foundation, foundation special, or voluntary controlled school must be implemented by the governing body and the local education authority, respectively, to such extent as the proposals provide for each of them to do so.

Proposals relating to community, community special or maintained nursery schools

40B.  Proposals relating to a community, community special or maintained nursery school must be implemented by the local education authority.

Proposals relating to voluntary aided schools

40C.  Proposals relating to a voluntary aided school are to be implemented—

(a) so far as relating to the provision of any playing fields for the school by the local education authority; and

(b) otherwise by the governing body.

Provision of site and buildings for foundation, foundation special or voluntary controlled schools

40D.—(1) Where a local education authority are required by virtue of paragraph 40A and the provisions contained in the proposals to provide a site for a foundation, foundation special or voluntary controlled school, the authority must—

(a) transfer their interest in the site and in any buildings on the site which are to form part of the school’s premises 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 governing body, to be held by that body for the purposes of the school.

(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 adjudicator thinks proper.

(3) The authority must pay to the persons to whom their transfer is made their reasonable costs in connection with the transfer.

(4) Where—

(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 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 them and the authority or, in default of agreement, by the adjudicator.

(5) In sub-paragraph (4)(b) the reference to proceeds of 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 purpose of any agreed determination under sub-paragraph (4) regard must be had to any guidance given from time to time by the Secretary of State.

(6) Any sum paid under sub-paragraph (4) is to be treated for the purposes of section 14 of the School Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of the school) as a sum applied in the purchase of a site for the school.

(7) A determination may be made under sub-paragraph (4) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987(16)(right of reverter replaced by trust for sale) if, and only if—

(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.

(8) Sub-paragraph (4) 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 (4)(b) (if any) as remains after the application of paragraphs A1 to A16 or 1 to 3 of Schedule 22 to SSFA 1998 to that sum.

Assistance for voluntary aided schools

40E.  A local education authority may give to persons required by virtue of paragraph 40C to implement proposals relating to voluntary aided schools such assistance as the authority think fit in relation to the carrying out by those persons of any obligations arising by virtue of that provision.

Duty to transfer interest in premises provided under paragraph 40E

40F.—(1) Where assistance under paragraph 40E 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 to the trustees of the school to be held on trust for the purposes of the school.

(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 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.”;

(cc) in paragraph 41—

(i) omit sub-paragraph (3)(d);

(ii) in sub-paragraph (4)(b) after “one” insert “local”;

(iii) omit “and” at the end of sub-paragraph (10)(d);

(iv) insert “and” at the end of sub-paragraph (10)(e); and

(v) after sub-paragraph (10)(e) insert—

“(f) the Secretary of State.”;

(dd) for paragraph 42 substitute—

“42.—(1) Where the local authority have determined the proposals, the authority may—

(a) modify the proposals after consulting the governing body; and

(b) where there has been a conditional approval specify a later date, after determination but before implementation, by which the event in question must occur.

(2) Where the adjudicator has determined the proposals, the adjudicator may at the request of the authority who made the proposals—

(a) modify the proposals after consulting the governing body; and

(b) where there has been a conditional approval, specify a later date, after determination but before implementation, by which the event in question must occur.

(3) Where proposals are modified under sub-paragraph (1) or (2) the local authority or adjudicator must notify the Secretary of State within 1 week of the proposal being modified.”.

25.  In Schedule 6—

(a) replace the Schedule heading with—

“LAND TRANSFERS WHERE A SCHOOL CHANGES CATEGORY OR ACQUIRES A FOUNDATION”;

(b) after paragraph 2 insert—

“2A.—(1) This paragraph applies where any proposals that a foundation school should acquire a foundation have been approved.

(2) In such a case, any land, which immediately before the implementation date, was held or used by the local authority or governing body for the purposes of the foundation school, must on that date transfer to, and by virtue of this paragraph vest in, the trustees of the school, to be held on trust for the purposes of the school;”

(c) in paragraph 9 insert “2A,” after “2”; and

(d) omit paragraph 23 of Schedule 6.

Amendments to the School Organisation (Transitional Provisions)(England) Regulations 2007

26.  The School Organisation (Transitional Provisions) (England) Regulations 2007(17) are amended in accordance with regulations 27 to 29.

27.  After regulation 3(9) insert—

“(10) Any proposals published before the 25th May 2007 which have not been determined or sent by the school organisation committee to the relevant authority, or by the relevant authority to the adjudicator by [2 weeks after cif of amending regs] must be sent to the adjudicator for determination.”

28.  In regulation 27(4) for “regulations 24(6) or 26(8)” substitute “regulation 24(6) or (8)”.

29.  In regulation 33(1)—

(a) omit “and” at the end of sub-paragraph (k);

(b) in paragraph (l) for “(g)” substitute “(k)” and insert “and” at the end of the paragraph; and

(c) after paragraph (l) insert—

“(m) where proposals are related to proposals for establishment of new schools or discontinuance of schools, and those proposals depend upon the occurrence of events specified in regulation 7(5) the occurrence of such an event.”

Amendment to the School Governance (Procedure) Regulations 2003

30.—(1) The School Governance (Procedure) Regulations 2003(18) are amended as follows.

(2) In regulation 6(3) for “for a period extending beyond” substitute “until”.

(3) In regulation 11(4)—

(a) omit “and” at the end of sub-paragraph (b);

(b) insert “and” at the end of sub-paragraph (c); and

(c) after sub-paragraph (c) insert—

“(d) the local education authority, where an agenda item for the meeting involves consideration of a change of school category .”.

Amendments to the School Governance (New Schools) (England) Regulations 2007

31.—(1) The School Governance (New Schools) (England) Regulations 2007(19) are amended as follows.

(2) In regulation 36(3) for “a period extending beyond” substitute “until”.

(3) After regulation 52(1) insert the following paragraph—

“(1A) For the purposes of paragraph (1) —

(a) the reference in regulation 29 of the Constitution Regulations to “governing bodies” is treated as a reference to “temporary governing bodies”; and

(b) references in regulation 31 of the Constitution Regulations to—

(i) “governing body” are treated as references to “temporary governing body”,

(ii) “school” are treated as references to “proposed school” except that the references to “Church of England school” and “Roman Catholic Church school” in paragraph (2)(c) are treated as references to “proposed Church of England school” and “proposed Roman Catholic Church school” and except for the reference to “category of school” in paragraph (4), and

(iii) “foundation governors” are treated as references to “temporary foundation governors.”.

Amendments to the School Governance (Federations) (England) Regulations 2007

32.—(1) The School Governance (Federations) (England) Regulations 2007(20) are amended as follows.

(2) In regulation 38 after paragraph (3) insert—

“(4) For the purpose of paragraph (3)(a)(ii)—

(a) the reference in regulation 29 of the Constitution Regulations to “governing bodies” is treated as a reference to “temporary governing bodies”; and

(b) references in regulation 31 of the Constitution Regulations to—

(i) “governing body” are treated as references to “temporary governing body”, and

(ii) “foundation governors” are treated as references to “temporary foundation governors.”.

(3) After regulation 43 insert—

“43A.  For the purpose of regulation 43(b)—

(a) the reference in regulation 29 of the Constitution Regulations to governing bodies is treated as a reference to temporary governing bodies; and

(b) references in regulation 31 of the Constitution Regulations to—

(i) “governing body” are treated as references to “temporary governing body”, and

(ii) “foundation governors” are treated as references to “temporary foundation governors.”.

(4) Omit paragraph 7(b) of Schedule 7.

Revocation

33.  The Education (Adjudicators Inquiry Procedure etc.) Regulations 1999(21) are revoked.