# The Education (Change of Category of Maintained Schools) (England Regulations 2000, Paragraph 3: Approval of proposals


(1) Proposals published under paragraph 2 or paragraph 3 of Schedule 8 require approval under this paragraph if—
(a) the proposals were published by a local education authority and either—
(i) objections to the proposals have been made in accordance with paragraph 2 and any of them have not been withdrawn in writing within the objection period; or
(ii) such approval is required by virtue of paragraph 4(5); or
(b) the proposals were published by a governing body.
(2) Where any proposals require approval under this paragraph, they shall be considered in the first instance by the relevant committee, who may—
(a) reject the proposals,
(b) approve them without modification, or
(c) approve them with such modifications as the committee think desirable after consulting the local education authority and the governing body.
(3) Any approval given under this paragraph may be expressed to take effect only if—
(a) a scheme relating to any charity connected with the school is made by a date specified in the approval,
(b) the Secretary of State gives notice under regulation 5(1) of the Foundation Body Regulations 1999 (that a foundation body shall become operative and that the school shall form part of a group for which a foundation body shall act) by a date specified in the approval, or
(c) the Secretary of State makes a declaration that the school shall form part of a group for which a foundation body acts) under regulation 21(2) of the Foundation Body Regulations 1999 by a date specified in the approval.
(4) When deciding whether or not to give any approval under this paragraph the committee shall have regard to—
(a) any guidance given from time to time by the Secretary of State, and
(b) the school organisation plan for the committee’s area;
and the committee shall not give any such approval unless they are satisfied that adequate financial resources will be available to enable the proposals to be implemented.
(5) If—
(a) after two months from—
(i) the end of the period within which objections may be sent to the relevant committee in accordance with paragraph 2(2A) or (2B), or
(ii) if later, the date on which the committee receive the information specified in section 28(6A), the committee have not voted on the question whether to give any approval under this paragraph; and
(b) the local education authority have published the proposals and request the committee to refer the proposals to the adjudicator, or
(c) the governing body have published the proposals and request the committee to refer the proposals to the adjudicator,
they shall refer the proposals to the adjudicator.
(6) If the committee—
(a) have voted on any matter which falls to be decided by them under this paragraph by a unanimous decision, but
(b) have failed to reach such a decision on that matter,
they shall refer the proposals to the adjudicator.
(7) Where any proposals are referred to the adjudicator under sub-paragraph (5) or (6)—
(a) he shall consider the proposals afresh; and
(b) sub-paragraphs (2) to (4) shall apply to him in connection with his decision on the proposals as they apply to the committee.
(8) Sub-paragraph (1) does not prevent the governing body or local education authority by whom any proposals have been published under paragraph 2 of Schedule 8 from withdrawing those proposals by notice in writing given to the relevant committee at any time before the proposals are determined under this paragraph.
(9) Sub-paragraph (1) does not prevent the governing body by whom proposals have been published under paragraph 3 of Schedule 8 from withdrawing such proposals with the consent in writing of the relevant committee at any time before the proposals are determined under this paragraph.

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Source: https://www.legislation.gov.uk/uksi/2000/2195/schedule/2/paragraph/3 (the official version)
Page: https://openlegislation.uk/education-change-of-category-of-maintained-schools-england-regulations-2000/schedule-2/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.