The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013

Revocation of proposals (after approval)

20.—(1) If the local authority, or adjudicator (where the original proposals were referred under paragraph 5(4) only, or a referral is made to the adjudicator under sub-paragraph (10)) are satisfied that—

(a)implementation of the proposals would be unreasonably difficult; or

(b)circumstances have so altered since approval was given that implementation would be inappropriate,

the local authority or adjudicator (as appropriate) may determine at any time before implementation that paragraph 13 (duty to implement) is to cease to apply to the proposals.

(2) The local authority or adjudicator (as the case may be) may only make a determination under sub-paragraph (1) where proposals have been published by the proposer under sub-paragraph (3) (“revocation proposals”).

(3) Revocation proposals must contain—

(a)a description of the original proposals as published in accordance with section 19(1) or 19(3) (as appropriate);

(b)the date of publication of the original proposals; and

(c)a statement as to why it is proposed that, in accordance with sub-paragraph (1), paragraph 13 should not apply in relation to the original proposals.

(4) The proposer must publish—

(a)the revocation proposals on a website; and

(b)a notification of the revocation proposals (including the address of the website where the proposals are published) in a local newspaper.

(5) Any publication under sub-paragraph (4)(a) must contain a statement detailing—

(a)how copies of the revocation proposals may be obtained;

(b)that any person may object to or comment on the revocation proposals and the address of the local authority to which any objections or comments should be sent; and

(c)the date by which such objections or comments must be sent.

(6) The governing body (if appropriate) must send the revocation proposals within one week of the date of publication to the local authority.

(7) Any objections and comments must be sent to the local authority within four weeks of the date of publication of the proposals.

(8) Where the original proposals were decided by the adjudicator pursuant to a reference under paragraph 5(4), the local authority must refer the revocation proposals, together with any objections or comments in relation to them, to the adjudicator within two weeks of the end of the representation period.

(9) Where the local authority determine revocation proposals, any determination must be made within a period ending two months after the end of the representation period.

(10) If the local authority do not make a determination within the period specified in sub-paragraph (9) they must refer the proposals to the adjudicator within one week of the end of that period.

(11) The local authority must publish the determination on the website where the original proposal was published.

(12) The local authority must notify the following persons of the decision taken under sub-paragraph (1) together with their reasons—

(a)the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local authority;

(b)the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local authority; and

(c)where the proposals relate to a voluntary, foundation or foundation special school—

(i)the governing body; and

(ii)the trustees of the school (if any).

(13) The persons at whose request revocation proposals must after their determination by the local authority be referred to the adjudicator are—

(a)the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local authority;

(b)the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local authority; and

(c)where the proposals relate to a voluntary, foundation or foundation special school—

(i)the governing body; and

(ii)the trustees of the school (if any).

(14) A request under sub-paragraph (13) must be made within four weeks of the initial determination of the revocation proposals by the local authority.

(15) Where a request is made under sub-paragraph (13) the local authority must send the revocation proposals, and any objections or comments relating to the proposals to the adjudicator within one week of receiving the request.