OpenLegislation

Paragraph 4

Original text. Later amendments are not shown.

In Schedule 6–

(a)

paragraph 1(2) shall be omitted;

(b)

in paragraph 2(2)(b) and (3) for “the relevant committee” there shall be substituted “the Secretary of State”;

(c)

for paragraph 3(1) there shall be substituted the following sub-paragraph–

“(1)

Proposals published under section 28, 29 or 31 require approval under this paragraph if–

(a)

the proposals were published by a local education authority and either–

(i)

the Secretary of State, within two months after a copy of the published proposals is sent to him under that section, gives notice to the local education authority that the proposals require such approval; or

(ii)

objections to the proposals have been made in accordance with paragraph 2 and any of them have not been withdrawn in writing within the objection period; or

(b)

the proposals were published by a governing body or promoters”;

(d)

in paragraph 3(2) for “Where any proposals require approval under this paragraph they shall be considered in the first instance by the relevant committee who may –” there shall be substituted “Where any proposals require approval under this paragraph the Secretary of State may –”;

(e)

paragraph 3(4) to (7) shall be omitted;

(f)

for paragraph 4 there shall be substituted the following paragraph–

“4
(1)

Where any proposals published by a local education authority under section 28, 29 or 31 do not require approval under paragraph 3 the local education authority shall determine whether the proposals should be implemented.

(2)

Any determination under sub-paragraph (1) must be made within four months after a copy of the published proposals was sent to the Secretary of State under section 28, 29 or 31.

(3)

The local education authority shall notify the Secretary of State of any determination made by them under sub-paragraph (1)”;

(g)

in paragraph 5(2) for “the relevant committee” there shall be substituted “the Secretary of State”;

(h)

paragraph 5(3) to (7) and “(3) or” in paragraph 5(9) shall be omitted;

(i)

in paragraph 21(2)(a) and (b) for “the school organisation committee” there shall be substituted “the Secretary of State”;

(j)

for paragraph 21(3) there shall be substituted the following sub-paragraph–

“(3)

The sending of the published proposals to the Secretary of State shall be treated as an application by the responsible body for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.”.