Regulation 23 “Pending procedure”

(1)

For the purposes of Chapter III of Part II of the 1993 Act and for the purposes of these Regulations the procedure for acquisition of grant–maintained status as a member of a group is pending in relation to a school when it has been initiated in relation to the school on any occasion and not terminated (as initiated on that occasion).

(2)

For these purposes, the procedure is to be regarded as initiated in relation to a school–

(a)

on any occasion on receipt by the local education authority of notice of a meeting of the governing body at which a motion under regulation 3 or 4 for a resolution to hold a ballot of parents on the question whether grant–maintained status should be sought for their school as a member of a group is to be considered; or

(b)

on any occasion on receipt by the local education authority of notice of a meeting of the governing body of a hospital special school at which a motion under regulation 3 or 4 for a resolution to apply for the school to acquire grant– maintained status as a member of a group is to be considered.

(3)

For these purposes, that procedure, as initiated on any occasion, is to be regarded as terminated in respect of the school or the participating schools as the case may be–

(a)

when initiated as mentioned in paragraph (2) above if–

(i)

the meeting is not held;

(ii)

the meeting is held but the motion is not moved, or, though the motion is moved, the resolution is not passed;

(iii)

the resolution is passed but one of the governing bodies of the participating schools fails to pass a similar resolution within the period referred to in regulation 3;

(iv)

the resolution is passed, but the result of the ballot to which regulation 3 or 4 relate does not show a majority in favour of seeking grant–maintained status for the school as a member of a group;

(v)

where a school is proposing to seek grant–maintained status as a member of an existing group and the governing body of that group have refused their consent to the school joining the group;

(vi)

the result of the ballot or, in the case of a hospital special school, the resolution, in the case of all the other participating schools does not show a majority in favour of seeking grant–maintained status for any of those other participating schools; or

(vii)

the result of the ballot or, in the case of a hospital special school, the resolution in the case of one or more other participating schools (but not all of them) shows a majority in favour of seeking grant–maintained status for the school and the period referred to in regulation 11 has passed without the school acting in accordance with regulation 11(3);

(b)

if proposals are required to be published under regulation 12, or any proposals required in substitution for those proposals, are rejected by the Secretary of State or withdrawn, or

(c)

on the date of implementation of the proposals.

(4)

Where regulation 9 applies in the case of such a ballot, the reference in paragraph (3) above to the result of that ballot shall be read as a reference to the result of the second ballot required by that regulation.

(5)

The reference in sub–paragraph (3)(b) above to proposals required in substitution for any proposals (“the original proposals”) required to be published by reference to the result of a ballot is to any proposals required to be published by virtue of paragraph (1) or (3) of regulation 16 on withdrawal or (as the case may be) rejection of–

(a)

the original proposals; or

(b)

any further proposals required to be published by virtue of paragraph (1) or (3) of regulation 16 without a further ballot.

(6)

Proposals published under regulation 12 shall not be treated for the purpose of sub–paragraph (3)(b) above as rejected in any case where the Secretary of State imposes a requirement under regulation 16(3) or as withdrawn in any case where he imposes a requirement under regulation 16(1) for the publication of further proposals.