Regulation 9 Redetermination by adjudicator or Secretary of State of cross-border relevant areas

(1)

Where–

(a)

an education authority determine any relevant area which comprises part (or all) of the area of that education authority and part (or all) of the area of another education authority (or of the areas of other education authorities) (“a cross-border relevant area”), and

(b)

that other education authority (or any of those other such authorities) object to that determination,

the objecting authority may refer the determination to the adjudicator to be redetermined.

(2)

Such a reference to the adjudicator shall–

(a)

be in writing addressed to the adjudicator;

(b)

state the reasons for objection; and

(c)

be sent so as to be received by the adjudicator no later than 28 days after the receipt by the objecting authority of the notification required by regulation 8.

(3)

On receiving the reference, the adjudicator–

(a)

shall invite written representations from–

(i)

the education authority that made the determination; and

(ii)

every other education authority whose area falls (wholly or partly) within the cross-border relevant area; and

(b)

may invite such other representations, and seek such other information, as he thinks appropriate.

(4)

The adjudicator shall redetermine the relevant area either by confirming the education authority’s determination or by determining that some other area specified in his decision shall be the relevant area in question.

(5)

The adjudicator shall notify the objecting authority and each of the education authorities falling within paragraph (3)(a) in writing of his decision and the reasons for it.

(6)

Such a redetermination shall have effect to determine the relevant area concerned in the same way as if it were a determination by the education authority.

(7)

References in this regulation to the adjudicator shall be read as references to the Secretary of State in a case where any part of either–

(a)

the cross-border relevant area which has been determined; or

(b)

the relevant area which the objecting authority wishes to be determined;

lies or would lie in Wales.