{
  "url": "https://openlegislation.uk/school-governance-new-schools-england-regulations-2007/regulation-5",
  "json_url": "https://openlegislation.uk/school-governance-new-schools-england-regulations-2007/regulation-5.json",
  "legislation": "uksi/2007/958",
  "legislation_title": "The School Governance (New Schools) (England) Regulations 2007",
  "legislation_url": "https://openlegislation.uk/school-governance-new-schools-england-regulations-2007",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Arrangements made in anticipation of approval of proposals",
  "text": "(1) Subject to paragraph (4) below, where any proposals to establish a maintained school have been published under section 7, 10 or 11 of EIA 2006, the local education authority may make arrangements in anticipation of approval of the proposals.\n(2) If proposals are to establish a voluntary controlled school, the local education authority must consult the proposers—\n(a) as to whether the power given to the local education authority in paragraph (1) above should be exercised; and\n(b) if the local education authority proposes to exercise it, as to the date on which the arrangements should be made.\n(3) If proposals are to establish a voluntary aided or foundation school, the local education authority and the proposers must consider—\n(a) whether the power given to the local education authority in paragraph (1) above should be exercised; and\n(b) where they agree that it should, on what date the arrangements should be made.\n(4) If two or more sets of proposals for the establishment of a maintained school have been published, the local education authority must not exercise the power given to it in paragraph (1) above.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Approval may be under paragraph 8 or 10 of Schedule 2 to EIA 2006."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2010/1172",
      "affecting_title": "The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2026/855",
      "affecting_title": "The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026"
    },
    {
      "type": "applied by S.I. 2007/2979, Sch. 1 para. 27A(1) (as inserted)",
      "affecting": "uksi/2026/855",
      "affecting_title": "The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2026/855",
      "affecting_title": "The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026"
    },
    {
      "type": "word substituted",
      "affecting": "uksi/2026/855",
      "affecting_title": "The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2026/855",
      "affecting_title": "The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026"
    },
    {
      "type": "applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 27A(2) (as inserted)",
      "affecting": "uksi/2026/855",
      "affecting_title": "The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2007/958/regulation/5",
    "retrieved_at": "2026-10-29T03:56:42.580809+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}