Education Act 2005

Part 2 E+WApproval of proposals by school organisation committee or adjudicator

Submission of proposals to school organisation committeeE+W

3(1)Regulations must make provision for the submission of the proposals to the school organisation committee.

(2)Regulations under this paragraph may make provision—

(a)for the making of objections or comments in relation to the proposals within a prescribed period to the local education authority who published the proposals, and

(b)for the sending by the local education authority to the school organisation committee within a prescribed period of copies of objections or comments received.

Approval of proposalsE+W

4(1)The proposals must be considered in the first instance by the school organisation committee.

(2)The committee may—

(a)reject all the proposals,

(b)approve any of the proposals without modification,

(c)approve any of the proposals with such modifications as the committee think desirable after consulting such persons as may be prescribed, or

(d)if the committee think it appropriate to do so, and subject to regulations, refer to the adjudicator all the proposals with any comments on them made by the committee.

(3)Sub-paragraph (2) does not apply in any case where paragraph 5 requires the committee to refer the proposals to the adjudicator.

(4)Regulations may make provision modifying the application of sub-paragraphs (1) and (2) in relation to proposals which are related to other proposals of a prescribed description; and regulations may require the committee, in deciding for the purposes of the regulations whether any proposals are related, to have regard to any guidance given from time to time by the Secretary of State.

(5)Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(6)When deciding whether or not to give an approval under this paragraph, the committee must have regard to any guidance given from time to time by the Secretary of State.

(7)Sub-paragraphs (1) and (2) do not prevent the promoters or local education authority by whom any proposals have been made from withdrawing those proposals—

(a)except in a case where the proposals have been referred to the adjudicator, by notice in writing to the school organisation committee, or

(b)in that excepted case, by notice in writing to the adjudicator,

at any time before the proposals are determined under this paragraph by the committee or by the adjudicator.

Mandatory reference to adjudicatorE+W

5(1)Regulations may make provision requiring the school organisation committee in prescribed cases to refer to the adjudicator all the proposals with any comments made on them by the committee.

(2)The Secretary of State may at any time give a direction to a school organisation committee requiring them to refer to the adjudicator—

(a)any proposals which have been submitted to the committee under paragraph 3 but which, at the time when the direction is given, have not been determined by the committee, and

(b)all subsequent proposals submitted to the committee under that paragraph until the direction is revoked,

with any comments made on any of the proposals by the committee.

(3)Where a direction under sub-paragraph (2) is given to a school organisation committee at a time when the committee are considering proposals which consist of or include proposals to establish an Academy, the committee must complete any consultation required by paragraph 7 before referring the proposals to the adjudicator.

(4)Where a school organisation committee are required by regulations under sub-paragraph (1) or a direction under sub-paragraph (2) to refer any proposals (“the relevant proposals”) to the adjudicator, the committee must also refer to the adjudicator any proposals published under section 28, 28A, 29 or 31 of the School Standards and Framework Act 1998 (c. 31) which relate to the area of the local education authority, if they are satisfied that the proposals are related to the relevant proposals.

(5)In deciding under sub-paragraph (4) whether any proposals are related to other proposals the school organisation committee must have regard to any guidance given from time to time by the Secretary of State.

Effect of reference to adjudicatorE+W

6(1)Where any proposals are referred to the adjudicator under paragraph 4(2)(d) or paragraph 5(1) or (2)—

(a)he must consider the proposals afresh, and

(b)sub-paragraphs (2) and (4) to (6) of paragraph 4 (other than sub-paragraph (2)(d) of that paragraph) apply to him in connection with his decision on the proposals as they apply to the committee.

(2)The revocation of a direction under paragraph 5(2) does not affect the determination by the adjudicator of any proposals referred to him before the revocation.

Proposals to establish AcademyE+W

7(1)Regulations may provide that, where proposals submitted to the school organisation committee under paragraph 3 consist of or include proposals to establish an Academy, the committee must within the prescribed period consult the Secretary of State in accordance with regulations, before taking any decision under paragraph 4.

(2)The school organisation committee may not approve under paragraph 4 proposals to establish an Academy unless the Secretary of State, on being consulted under sub-paragraph (1), has indicated in accordance with regulations that, if the proposals were approved, he would be willing to commence negotiations with a view to entering into an agreement under section 482 of the Education Act 1996 (c. 56) for the establishment of an Academy.

(3)If a direction under paragraph 5(2) is in force in relation to a school organisation committee and the case does not fall within paragraph 5(3), the reference in sub-paragraph (1) to the committee is to be read as a reference to the adjudicator.

(4)Sub-paragraph (2) has effect in relation to a decision of an adjudicator under paragraph 4 as it has effect in relation to a decision of the school organisation committee under that paragraph.

(5)Approval under paragraph 4 by the school organisation committee or the adjudicator of proposals to establish an Academy does not oblige the Secretary of State to enter into, or seek to enter into, an agreement under section 482 of the Education Act 1996.

Provision of informationE+W

8Regulations may, in relation to any proposals published under section 66, require any of the following—

(a)the authority or promoters who published the proposals,

(b)the school organisation committee, and

(c)the adjudicator,

to provide such information relating to the proposals to such persons, and at such times, as may be prescribed.