Made | 15th August 2003 | ||
Laid before Parliament | 21st August 2003 | ||
Coming into force | 15th September 2003 |
(3) These Regulations apply only in relation to England.
Amendment of the Principal Regulations
2.
The Principal Regulations shall be amended as follows.
3.
In regulation 2(1) -
4.
In regulation 11(1), the words "2003 Regulations" shall be substituted for the words "Schedule 12 to the Act".
5.
For regulation 12 there shall be substituted -
6.
For regulation 13 there shall be substituted -
7.
In regulation 14(1), the words "2003 Regulations" shall be substituted for the words "Schedule 12 to the Act".
8.
In regulation 16(4), the words "sponsor governors" shall be substituted for the words "additional co-opted governors".
9.
After regulation 16, there shall be inserted -
Category of current governor | Category of governor under the 2003 Regulations |
Co-opted governor | Community governor |
Representative governor | Community governor appointed in accordance with regulation 7(2) of the 2003 Regulations |
Foundation governor (including ex officio foundation governor) | Foundation governor |
LEA governor | LEA governor |
Parent governor | Parent governor |
Partnership governor | Partnership governor |
Staff governor | Staff governor |
Teacher governor | Staff governor |
Head teacher (ex officio governor) | Staff governor |
10.
In Schedule 1 (Provisions of Section 28 of, and Schedule 6 to, the 1998 Act having effect in relation to Proposals mentioned in Regulation 4) -
(2A) The local education authority shall send to the relevant committee copies of all objections made (and not withdrawn in writing) and comments together with the authority's observations on them within -
(2B) Where the proposals were published by the governing body any objections or comments under this paragraph shall be sent to the relevant committee within -
(b) in the modification of paragraph 3 of Schedule 6 to the 1998 Act -
(c) in the modification of paragraph 4 of Schedule 6 to the 1998 Act -
(d) in the modification of paragraph 5 of Schedule 6 to the 1998 Act -
11.
For Schedule 2, there shall be substituted the revised Schedule 2 set out in Schedule 1 to these Regulations.
12.
For Schedule 4, there shall be substituted the revised Schedule 4 set out in Schedule 2 to these Regulations.
13.
Schedule 5 shall cease to have effect.
Transitional Provision
14.
These regulations shall not have effect in relation to any proposals published under paragraph 2 or 3 of Schedule 8 to the 1998 Act before 15th September 2003.
David Miliband
Minister of State, Department for Education and Skills
15th August 2003
(a) have or continue to have a foundation established otherwise than under this Act; or
(b) belong or continue to belong to a group of schools for which a foundation body acts;
(a) have or continue to have a foundation established otherwise than under this Act; or
(b) belong or continue to belong to a group of schools for which a foundation body acts; or
(c) be a foundation school not falling within either of sub-paragraphs (a) or (b);
(b) shall be published -
(5) Before publishing any proposals under paragraph 2 or 3 of Schedule 8, the relevant body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body shall have regard to any guidance given from time to time by the Secretary of State.
(6) Where any proposals published under paragraph 2 or 3 of Schedule 8 relate to a school in England, the relevant body shall send -
to the school organisation committee for the area of the local education authority who maintain the school.
(6A) The information referred to in subsection (6)(b) is -
(b) a map showing the location of the school and all other maintained schools within a radius of 3.218688 kilometres (2 miles), where the school is a primary school and 4.828032 kilometres (3 miles) where the school is a secondary school;
(c) the following information relating to the school for the school year in which the proposals were published and (except for the information specified in sub-paragraph (i)), the previous school year -
and a forecast of the matters specified in sub-paragraphs (ii) and (iii) for each of the subsequent five years;
(d) a list of all the maintained schools within the radius of the school mentioned in paragraph (b) stating which schools are maintained by different local education authorities together with the information referred to in paragraph (c) in respect of each such school;
(f) a breakdown of any costs involved in the change of category;
(g) whether the school is a day or boarding school or a school taking both day and boarding pupils;
(h) a statement as to whether the school has been inspected under section 10 of the School Inspections Act 1996[8] during the period starting three years before the date of the publication of the proposals and, where the school has been inspected during that period, the date of the inspection and details of the outcome of the inspection;
(k) details of the exercise in relation to the school of any power granted to the local education authority or to the Secretary of State under Part 1 Chapter IV, during the period starting three years before the date of the publication of the proposal;
(l) details of the exercise in relation to the governing body of any power granted to the local education authority or the Secretary of State under Schedule 15 during the period starting three years before the date of the publication of the proposal;
(m) details of the tenure (freehold or leasehold) on which the site of the school is held and, if the premises are held on a lease, details of the lease;
(n) details of any trusts on which the school premises are held or it is proposed will be held or any proposed trusts on which it is proposed the school premises will be held;
(o) details of the body or authority to whom, on the date on which it is proposed that the school change category, it is proposed that land should be transferred in accordance with regulations.
(8) Schedule 6 shall have effect in relation to the procedure for dealing with proposals under paragraph 2 or paragraph 3 of Schedule 8.
(10) In this section "the relevant body" means, in the case of proposals published by a local education authority, the authority and, in the case of proposals published by a governing body, the governing body.
(11) In this Part "area" means a local education authority area.
Schedule 6: PART I
1.
- (1) This Part of this Schedule applies to proposals published under paragraph 2 or paragraph 3 of Schedule 8 which relate to a school in England.
(2) In this Part of this Schedule "the relevant committee" means the school organisation committee for the area of the local education authority who maintain the school.
Objections and Comments
2.
- (1) Any person may make objections to or comments on any proposals published under paragraph 2 or paragraph 3 of Schedule 8.
(2) Where the proposals were published by the local education authority any objections or comments under this paragraph shall be sent to the local education authority within -
(2A) The local education authority shall send to the relevant committee copies of all objections made (and not withdrawn in writing) and comments together with the authority's observations on them within -
(2B) Where the proposals were published by the governing body any objections or comments under this paragraph shall be sent to the relevant committee within -
Approval of proposals
3.
- (1) Proposals published under paragraph 2 or paragraph 3 of Schedule 8 require approval under this paragraph if -
(b) the proposals were published by a governing body.
(2) Where any proposals require approval under this paragraph, they shall be considered in the first instance by the relevant committee, who may -
(2A) The requirement to make a decision under sub-paragraph (2) in the case of proposals of a prescribed description only applies if, at the time when the decision falls to be made under that sub-paragraph, the committee are satisfied that the proposals do not relate to any relevant proposals.
(2B) In sub-paragraph (2A), "relevant proposals" means proposals of a description prescribed for the purposes of this sub-paragraph.
(2C) In deciding for the purposes of sub-paragraph (2A) whether any proposals are related the relevant committee shall have regard to any guidance given from time to time by the Secretary of State.
(3) Any approval given under this paragraph may be expressed to take effect only if -
(4) When deciding whether or not to give any approval under this paragraph the committee shall have regard to -
and the committee shall not give any such approval unless they are satisfied that adequate financial resources will be available to enable the proposals to be implemented.
(5) If -
the committee have not voted on the question whether to give any approval under this paragraph; and either
(b) the local education authority have published the proposals and request the committee to refer the proposals to the adjudicator, or
(c) the governing body have published the proposals and request the committee to refer the proposals to the adjudicator,
they shall refer the proposals to the adjudicator.
(6) If the committee -
they shall refer the proposals to the adjudicator.
(7) Where any proposals are referred to the adjudicator under this paragraph -
(8) Sub-paragraph (1) does not prevent the governing body or local education authority by whom any proposals have been published under paragraph 2 of Schedule 8 from withdrawing those proposals by notice in writing given to the relevant committee at any time before the proposals are determined under this paragraph.
(9) Sub-paragraph (1) does not prevent the governing body by whom proposals have been published under paragraph 3 of Schedule 8 from withdrawing such proposals with the consent in writing of the relevant committee at any time before the proposals are determined under this paragraph.
Determination by LEA whether to implement proposals
4.
- (1) Where any proposals have been published by a local education authority under paragraph 2 of Schedule 8 and either -
then (subject to the following provisions of this paragraph) the authority shall 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 and the authority shall notify the relevant committee, the governing body of the school which is the subject of the proposal and the Secretary of State of any determination made by them under sub-paragraph (1).
(3) The requirement to make a determination under sub-paragraph (1) in the case of any proposals only applies 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 -
(4) For the purposes of sub-paragraph (3) proposals are "undetermined" if they have not been withdrawn and -
as the case may be; and when deciding under sub-paragraph (3) whether any proposals are related to other proposals the authority shall have regard to any guidance given from time to time by the Secretary of State.
(4A) The authority may, if they think it appropriate to do so and subject to regulation 10B of the Education (School Organisation Proposals) (England) Regulations 1999, refer to the relevant committee any proposals which would otherwise fall to be determined by the authority under this paragraph.
(5) Where, in the case of any proposals within sub-paragraph (1) -
the proposals require approval under paragraph 3.
Requirement to implement proposals
5.
- (1) Where -
then (subject to the following provisions of this paragraph) the proposals shall be implemented, in the form in which they were so approved or determined in accordance with regulations made under paragraph 5 of Schedule 8.
(2) At the request of the governing body or local education authority which published the proposals, the relevant committee
(b) where any approval under paragraph 3 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the events in question must occur.
(3) If the relevant committee are satisfied -
the committee may determine that sub-paragraph (1) shall cease to apply to the proposals.
(5) If -
they shall refer the matter to the adjudicator.
(6) If the committee -
they shall refer that matter to the adjudicator.
(6A) The committee may, if they think it appropriate to do so and subject to regulation 10A of the Education (School Organisation Proposals) (England) Regulations 1999, refer to the adjudicator any matter which would otherwise fall to be determined by the committee under this paragraph.
(7) Where any matter is referred to the adjudicator under this paragraph -
(8) Where -
sub-paragraph (1) above shall cease to apply to the proposals.
(9) Where, by virtue of sub-paragraph (3), sub-paragraph (1) ceases to apply to any proposals , those proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 3.
(10) Where, by virtue of sub-paragraph (8), sub-paragraph (1) ceases to apply to any proposals approved by the relevant committee under paragraph 3, those proposals shall be regarded as requiring fresh approval under that paragraph.
(11) Where, by virtue of sub-paragraph (8), sub-paragraph (1) ceases to apply to any proposals approved by the adjudicator under paragraph 3, those proposals fall to be considered afresh by him under that paragraph (and sub-paragraph (7) of that paragraph shall accordingly apply).
5A.
- (1) The school organisation committee shall, within two weeks of the date on which such proposals were sent to them, send to the Secretary of State a copy of all proposals published under paragraph 2 or 3 of Schedule 8 and sent to them under section 28.
(2) The school organisation committee shall notify the following persons of each decision taken under paragraph 3(2), 5(2) or (3) -
(3) The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (c) and (e) of sub-paragraph (2) if they refer any proposal to the adjudicator under paragraph 3(5) or (6) or paragraph 5(5) or (6).
(4) The adjudicator shall notify the persons referred to in sub-paragraph (2) of any decision taken under paragraph 3(2) or 5(2) or (3).
(5) Where, pursuant to sub-paragraph (2), the school organisation committee notify the persons referred to in sub-paragraphs (a) to (e) of sub-paragraph (2) of a decision they shall also give reasons for that decision.
(6) Where, pursuant to sub-paragraph (4) the adjudicator notifies the persons referred to in sub-paragraph (2) of a decision he shall also give reasons for that decision.
(7) Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the school organisation committee or adjudicator may comply with sub-paragraph (2) or (4) as the case may be by -
(8) Where proposals ("proposals A") have been sent to the school organisation committee under section 28(6), and subsequently further proposals are sent to the committee under that section or section 29(5) or 31(5) or paragraph 5(3) of Schedule 7, which in the opinion of the committee are related to proposals A, the school organisation committee shall notify the body who published proposals A of that fact."
Provision | Modification |
Regulation 29(1)(b) | That sub-paragraph shall have effect as if the words "or will belong" were inserted after "the school belongs". |
Regulation 29(1) |
That sub-paragraph shall have effect as if the following were inserted after regulation 29(1)(h) -
|
Regulation 30 |
That regulation shall have effect as if that regulation were omitted and the following substituted - " 30. - (1) This regulation applies in connection with the making of an instrument of government for a school changing its category in accordance with Schedule 8 to the 1998 Act. (2) The governing body must prepare a draft of the new instrument of government and submit it to the local education authority. (3) Where the school has foundation governors or it is proposed that the school will have foundation governors, the governing body must not submit the draft to the local education authority unless it has been approved by -
(b) if there are no existing foundation governors, the persons whom it is proposed will be entitled to appoint foundation governors; (c) any trustees of any trust relating to the school; (d) in the case of a Church of England school or Roman Catholic Church school, the appropriate diocesan authority; and (e) in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body.
(4) On receiving the draft the local education authority must consider whether it complies with all applicable statutory provisions, and if -
(b) there is agreement between it, the governing body and (if the school has foundation governors or it is proposed that the school will have foundation governors) the persons mentioned in paragraph (3) that the draft should be revised to any extent and the revised draft complies with all the applicable statutory provisions,
the instrument of government must be made by it in the form of the draft or (as the case may be) in the form of the revised draft.
(b) give the governing body a reasonable opportunity to reach agreement with it on revising the draft;
and the instrument of government must be made by it either in the form of a revised draft agreed between it and the governing body or (in the absence of such agreement) in such form as it thinks fit having regard, in particular, to the category of school to which it is proposed the school should belong. |
Regulation 31(4) | That paragraph shall have effect as if for "regulation 30(2)" there were substituted "regulation 30(3) as modified". |
Regulation 31(5)(b) | That paragraph shall have effect as if for "regulation 30(2)" there were substituted "regulation 30(3) as modified". |
Regulation 31(6) | That paragraph shall have effect as if for "regulation 30(2)" there were substituted "regulation 30(3) as modified". |
Regulation 31(9) | That paragraph shall have effect as if for "regulation 30(3)" there were substituted "regulation 30(4) as modified". |
Regulation 33 | Regulation 33 shall be omitted." |
Regulations 3 to 9 make minor amendments to the modifications in the Principal Regulations relating to the constitution of governing bodies of schools which change category.
Regulations 10 and 11 amend the modifications made in the Principal Regulations relating to proposals to change the category of a maintained school, the publication of those proposals and the period in which comments or objections should be made. Schedule 1 shows the effect of the modifications to Schedule 6 of the 1998 Act and substitutes a new Schedule 2 of the Principal Regulations.
Regulation 12 and Schedule 2 set out the modified provisions in the 2003 Regulations which relate to the making and the content of the Instruments of Government of schools which change category. Schedule 2 substitutes a new Schedule 4 to the Principal Regulations.
Regulation 13 provides that Schedule 5 of the Principal Regulations shall cease to have effect.
Regulation 14 makes transitional provision in respect of proposals for a change of category published under paragraph 2 or 3 of Schedule 8 to the 1998 Act before 15th September 2003.
[2] 2002 c. 32; by virtue of the definition of "regulations" in section 212(1), these Regulations made by the Secretary of State apply only in relation to England.back
[3] S.I. 2003/348 as amended by S.I. 2003/1916.back
[5] S.I. 1999/2213 amended by S.I. 2000/2198, 2001/1405 and 2003/1229.back
[7] Section 28 was amended by sections 73, 154 and 215(1) of, and paragraph 97 of Schedule 21 to, the Education Act 2002. Schedule 6 was amended by sections 149 and 153 of, and Schedules 9 and 11 to, the Learning and Skills Act 2000 and by sections 75 and 215 of, and Schedules 10, 21 and 22 to, the Education Act 2002.back
[8] 1996 c. 57. Section 10 was amended by Section 42 of, and Schedule 6 to, the Education Act 1997 (c. 44), section 140 of, and Schedule 30 to, the 1998 Act, sections 153 and 149 of, and Schedules 9 and 11 to, the Learning and Skills Act 2000 (c. 21) and sections 65(3), 188 and 215 of, and Schedules 7, 16, 21 and 22 to, the Education Act 2002 (c. 32).back