# Education and Inspections Act 2006, Paragraph 17


(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.

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Source: https://www.legislation.gov.uk/ukpga/2006/40/schedule/2/paragraph/17 (the official version)
Page: https://openlegislation.uk/education-and-inspections-act-2006/schedule-2/paragraph-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

