Regulation 10 Amendment of Principal Regulations

After regulation 10 there shall be inserted the following regulations—

“Limitations on power of committee to refer matters to adjudicator

10A.

The School Organisation Committee may only refer any proposals to the adjudicator under paragraph 3(2)(d) of Schedule 6 or paragraph 8(2A) of Schedule 7, or refer any matter to the adjudicator under paragraph 5(6A) of Schedule 6 if—

(a)

they have voted on the proposals or matter, but

(b)

at least two groups of members (within the meaning of regulation 13(1)) did not vote because members of each group had declared an interest in the proposals or matter in question.

Limitation on power of local education authority to refer proposals to School Organisation Committee

10B.

A local education authority may only refer any proposals to the School Organisation Committee under paragraph 4(4A) of Schedule 6 where it appears to them that it may be appropriate, if the proposals are approved, for the approval to be expressed (in accordance with paragraph 3(3) of Schedule 6) to take effect only if an event specified in the approval occurs by the date so specified.

Reference to adjudicator of proposals rejected by Committee

10C.

(1)

A school falls within paragraph 3(6C)(a) of Schedule 6 (which provides that where the school organisation committee reject proposals to make an alteration to a school and the school is of a prescribed description the committee shall refer the proposals to the adjudicator if the governing body so request) if it is a popular school but not a grammar school.

(2)

An alteration falls within paragraph 3(6C)(b) of Schedule 6 (which provides that where the school organisation committee reject proposals to make an alteration to a school and the alteration is of a prescribed description the committee shall refer the proposals to the adjudicator if the governing body so request) if it is an alteration specified in paragraph 1, 2, 11 or 12 of Schedule 1 to these Regulations.

(3)

Any request made pursuant to paragraph 3(6A) or (6C) of Schedule 6 by promoters or a governing body for the school organisation committee to refer proposals to the adjudicator shall be made to the committee within 28 days from the date on which the committee notify the promoters or governing body, pursuant to regulation 12(2), that the proposals have been rejected.

(4)

For the purposes of this regulation—

(a)

“grammar school” has the same meaning as in Chapter II of Part III of the Act;

(b)

a school is a “popular school” if the number of unsuccessful appeals against a decision refusing an applicable child admission to the school for the school year in which the proposals are rejected by the committee exceeds 10 per cent of the total of the admission numbers for the compulsory school age relevant age groups for that school year, where the school is a secondary school, or 5 per cent of that total, where the school is a primary school;

(c)

an “unsuccessful appeal” is an appeal pursuant to arrangements made under section 94 of the Act (which is not withdrawn) and which is rejected;

(d)

an “applicable child” is a child in a compulsory school age relevant age group; and

(e)

a “compulsory school age relevant age group” is a relevant age group relating to pupils of compulsory school age.”.