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Paragraph 8 I1C1

(1)

Proposals which require consideration under this paragraph, other than proposals to which paragraph 10 applies, must be considered in the first instance by the relevant authority.

(2)

Sub-paragraphs (3) and (4) apply in relation to the relevant authority unless the authority is required by any of paragraphs 10 to 13 and 15 to refer the proposals to F1the Secretary of State or the adjudicator.

(3)

In a case where the proposals were published under section 7 and two or more sets of proposals were published, the authority may—

(a)

reject all the proposals,

(b)

approve any of the proposals without modification, or

(c)

approve any of the proposals with such modifications as the authority think desirable, after consulting such persons as may be prescribed.

(4)

In any other case, the authority may—

(a)

reject the proposals,

(b)

approve the proposals without modification, or

(c)

approve the proposals with such modifications as the authority think desirable, after consulting such persons as may be prescribed.

F2(4A)

Sub-paragraphs (3) and (4) are limited by provision made by or under paragraph 17A in relation to proposals for the establishment of an Academy.

(5)

Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(6)

When deciding whether or not to give any approval under this paragraph, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 8(2) inserted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(5), Sch. 4 para. 9(2) (with s. 69); S.I. 2026/803, reg. 5(f)

F2

Sch. 2 para. 8(4A) inserted (1.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(5), Sch. 4 para. 9(3) (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. 8 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 ...

Textual amendments

F1

Sch. 2 para. 8 heading omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 11 para. 10(10); S.I. 2012/84, art. 3 (with art. 4)