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The Education (Adjudicators Inquiry Procedure etc.) Regulations 1999

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Interpretation

2.  In these Regulations–

“the Act” means the School Standards and Framework Act 1998;

“the adjudicator” means the adjudicator by whom the inquiry is to be, is in the process of being, or has been held;

“document” includes a photograph, map or plan;

“draft school organisation plan” means the draft school organisation plan prepared by a local education authority pursuant to section 26 of the Act;

“inquiry” means a local inquiry to which regulations 4 to 17 apply;

“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously;

“proposer” means–

(a)

where the inquiry relates to proposals published under section 28, 29 or 31 of, paragraph 5(4) of Schedule 6 or paragraph 5(1) of Schedule 23 to, the Act, the persons or body who published the proposals;

(b)

where the inquiry is held pursuant to paragraph 9 of Schedule 7 to the Act,

(i)

the Secretary of State, and

(ii)

any persons or body who has published proposals which have been referred to the adjudicator under paragraph 8(7) of that Schedule; and

(c)

where the inquiry relates to a draft school organisation plan, the local education authority by whom the draft plan has been prepared;

“relevant date” means the date on which the adjudicator gives notice as required by regulation 4;

“relevant local education authority” means–

(a)

where the inquiry is into any matter such as is referred to in regulation 3(1)(a), the local education authority which maintains the school (or, in the case of a proposed school), which it is proposed should maintain the school;

(b)

where the inquiry is held pursuant to paragraph 9 of Schedule 7 to the Act, the local education authority in relation to whom the order under paragraph 2(2) or 3(2) of that Schedule was made; and

(c)

where the inquiry is into any matter arising from the adjudicator’s consideration of a draft school organisation plan, the local education authority by whom the draft plan was prepared;

“relevant objector” means any of the following bodies who have objected to any proposals or draft school organisation plan which is the subject of the inquiry–

(a)

the relevant local education authority;

(b)

the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the relevant local education authority;

(c)

the bishop of any Roman Catholic Church diocese any part of which is comprised in the area of the relevant local education authority;

(d)

the Further Education Funding Council for England (if the inquiry is into any matter which affects education to which section 2(1) of the Further and Higher Education Act 1992(1) applies); and

(e)

where the inquiry is into any matter such as is referred to in regulation 3(1)(a) or is held pursuant to paragraph 9 of Schedule 7 to the Act, the governing body of any school to which the proposals relate; and

“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry, and a list of any documents which that person intends to refer to or put in evidence.

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