Paragraph 10 I1C1
England and Wales
The relevant authority must refer to the F1appropriate person, within a prescribed time—
all of the proposals published under section 7 which would otherwise require consideration by the authority under paragraph 8 where—
some or all of the proposals are made by the authority, or
the proposals consist of or include proposals which relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);
any proposals under section 10 F3... which—
are made by the relevant authority, or
relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2).
A foundation falls within this sub-paragraph if it is to be established otherwise than under SSFA 1998 and any of the following applies—
the relevant authority or any person appointed by the relevant authority is to be a member of the foundation,
any person appointed by the relevant authority is to be a F4charity trustee (within the meaning of the Charities Act 2011) of the foundation, or
any voting rights in the foundation are to be exercisable by the relevant authority or persons appointed by the relevant authority.
Regulations may make provision for the making by the relevant authority to the F5appropriate person of objections to any proposals which are required to be referred to the appropriate person under this paragraph.
In this paragraph, “the appropriate person” means—
in relation to proposals within sub-paragraph (1)(a), the Secretary of State;
in relation to proposals within sub-paragraph (1)(b), the adjudicator.
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 10(1) substituted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(5), Sch. 4 para. 12(2)(a) (with s. 69); S.I. 2026/803, reg. 5(f)
- F2
Sch. 2 para. 10(1)(a) substituted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(5), Sch. 4 para. 12(2)(b) (with s. 69); S.I. 2026/803, reg. 5(f)
- F3
Words in Sch. 2 para. 10(1)(b) omitted (1.9.2026) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(5), Sch. 4 para. 12(2)(c) (with s. 69); S.I. 2026/803, reg. 5(f)
- F4
Words in Sch. 2 para. 10(2)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 110 (with s. 20(2), Sch. 8)
- F5
Words in Sch. 2 para. 10(3) substituted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(5), Sch. 4 para. 12(3) (with s. 69); S.I. 2026/803, reg. 5(f)
- F6
Sch. 2 para. 10(4) inserted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(5), Sch. 4 para. 12(4) (with s. 69); S.I. 2026/803, reg. 5(f)
Modifications
- C1
Sch. 2 modified (E.) (25.5.2007) by The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 (S.I. 2007/1288), reg. 1(1), Sch. 7
Commencement
- I1
Sch. 2 para. 10 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)
Notes on Schedule 2
Modifications
- C2
Sch. 2 modified (28.1.2014) by The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 (S.I. 2013/3109), reg. 1, Sch. 4 Pt. 2
- C3
Sch. 2 modified (28.1.2014) by The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 (S.I. 2013/3109), reg. 1, Sch. 4 Pt. 1
Notes on Part 2
Textual amendments
- F1
Words in Sch. 2 Pt. 2 heading omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 10(5); S.I. 2012/84, art. 3 (with art. 4)
Modifications
- C2
Sch. 2 modified (28.1.2014) by The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 (S.I. 2013/3109), reg. 1, Sch. 4 Pt. 2
- C3
Sch. 2 modified (28.1.2014) by The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 (S.I. 2013/3109), reg. 1, Sch. 4 Pt. 1
Notes on Duty to refer to Secretary of State or adjudicator certain proposals made by or involving relevant authority
Textual amendments
- F1
Words in Sch. 2 para. 10 cross-heading inserted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(5), Sch. 4 para. 11 (with s. 69); S.I. 2026/803, reg. 5(f)