Paragraph 5 Requirement to implement proposals

(1)

Where—

(a)

any proposals published under paragraph 2 or paragraph 3 of Schedule 8 have been approved under paragraph 3, or

(b)

a local education authority have determined under paragraph 4 to implement any such proposals,

then (subject to the following provisions of this paragraph) the proposals shall be implemented, in the form in which they were so approved or determined in accordance with regulations made under paragraph 5 of Schedule 8.

(2)

In the case of proposals published by the governing body at the request of the governing body or in the case of proposals published by the local education authority at the request of the local education authority, the relevant committee—

(a)

may modify the proposals after consulting—

(i)

in the case of proposals made by the local education authority the governing body,

(ii)

in the case of proposals made by the governing body the local education authority, and

(b)

where any approval under paragraph 3 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the events in question must occur.

(3)

If the relevant committee are satisfied—

(a)

that implementation of the proposals would be unreasonably difficult, or

(b)

that circumstances have so altered since approval was given under paragraph 3 that implementation of the proposals would be inappropriate,

the committee may determine that sub-paragraph (1) shall cease to apply to the proposals.

(5)

If—

(a)

the matter to be determined is a request for a modification of proposals under sub-paragraph (2)(a) and after one month from the date which the committee notify bodies whom they consult (pursuant to sub-paragraph (2)(a)) is to be the date by which responses to consultation must be received, the committee have not voted on the matter; or

(b)

the matter to be determined is a request to specify a later date under sub-paragraph (2)(b) and after one month from the date of the request the committee have not voted on the matter; and

(c)

(in either case) the body which published the proposal request the committee to refer that matter to the adjudicator,

they shall refer the matter 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 that matter to the adjudicator.

(7)

Where any matter is referred to the adjudicator under sub-paragraph (5) or (6)—

(a)

he shall consider the matter afresh; and

(b)

such of the provisions of sub-paragraphs (2) and (3) as are relevant shall apply to him in connection with his decision on that matter as they apply to the committee.

(8)

Where—

(a)

any approval under paragraph 3 was given in accordance with sub-paragraph (3) of that paragraph, and

(b)

the event specified in that sub-paragraph does not occur by the date in question (whether as specified under that sub-paragraph or as specified under sub-paragraph (2)(b) above),

sub-paragraph (1) above shall cease to apply to the proposals.

(9)

Where, by virtue of sub-paragraph (3) or (8), sub-paragraph (1) ceases to apply to any proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 3.

Notes on Schedule 2

Footnotes

f1: 1996 c. 57. Section 10 was amended by paragraph 6 of Schedule 6 to the Education Act 1997 (c. 44) and paragraph 191 of Schedule 30 to the Act.