Paragraph 17 F1
This paragraph applies where any proposals are referred to the Secretary of State or to the adjudicator (“the decision-maker”) under any provision of this Part of this Schedule.
The decision-maker must consider the proposals or, in a case where the proposals have previously been determined by the relevant authority, must consider them afresh.
For the purposes of sub-paragraph (2), the following provisions apply in relation to the decision-maker as they apply in relation to the relevant authority—
paragraph 8(3) or (4) (as the case may be);
paragraph 8(5) and (6).
For the purposes of sub-paragraph (2), paragraph 9 applies in relation to the decision-maker as it applies in relation to the relevant authority but—
where the decision-maker is the Secretary of State, it applies as if sub-paragraph (2A)(b) of that paragraph (requirement to consider related proposals under section 10 or 15) were omitted;
where the decision-maker is the adjudicator, it applies as if sub-paragraph (2A)(a) of that paragraph (requirement to consider related proposals under section 7) were omitted.
The revocation of a direction under paragraph 12(1) does not affect the determination by the Secretary of State of any proposals referred to the Secretary of State before the revocation.
Annotations
Textual amendments
- F1
Sch. 2 para. 17 substituted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(5), Sch. 4 para. 21 (with s. 69); S.I. 2026/803, reg. 5(f)
Notes on Schedule 2
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
- 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
- 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
- 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 Effect of referring proposals to Secretary of State or adjudicator
Textual amendments
- F1
Words in Sch. 2 para. 17 cross-heading inserted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(5), Sch. 4 para. 20 (with s. 69); S.I. 2026/803, reg. 5(f)