Regulation 12 Failure of committee to vote on draft plan

(1)

If at the end of two months from the date on which the authority submitted the draft plan to the committee under regulation 7 the committee have not voted on the question whether to approve the draft plan submitted to them under regulation 7, the authority may refer the draft plan (whether as published under regulation 5 or as revised in the light of objections made under regulation 6) to the adjudicator.

(2)

Where the authority refer the draft plan to the adjudicator they shall at the same time–

(a)

send him–

(i)

copies of all objections made (and not withdrawn in writing); and

(ii)

the authority’s observations on the objections; and

(b)

notify the committee.

(3)

As soon as practicable after receipt of a notification under paragraph (2)(b) the committee shall send to the adjudicator a copy of any minutes of meetings held by the committee which relate to the committee’s consideration of the draft plan.

(4)

The adjudicator may–

(a)

approve the draft plan as submitted to him; or

(b)

make his own proposals for modifications to the draft plan (which may relate to any aspect of the plan).

(5)

Where the adjudicator makes his own proposals for modification to the draft plan he shall send a copy of his proposals to the committee, and–

(a)

regulation 10 shall apply for determining the action to be taken by the committee; and

(b)

regulation 11 shall apply for determining the subsequent action that may be taken by the adjudicator but paragraph (1) shall have effect as if for sub-paragraph (b) there were substituted “approve the draft plan as submitted by the local education authority”.