OpenLegislation

Paragraph 17 F1

(1)

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.

(2)

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.

(3)

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—

(a)

paragraph 8(3) or (4) (as the case may be);

(b)

paragraph 8(5) and (6).

(4)

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—

(a)

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;

(b)

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.

(5)

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)