Explanatory note

These Regulations make various amendments to regulations relating to school organisation and school governance.

Regulation 2 revokes the Education (Transition to New Framework)(School Organisation Proposals) Regulations 1999 in relation to England.

Regulation 3 makes amendments to the Education (Middle Schools)(England) Regulations 2002 so that various definitions reflect current legislation relating to school organisation and school governance.

Regulation 4 amends the School Governance (Federations) (England) Regulations 2007 so as to provide that where a governing body publishes federation proposals a copy of the proposals must be sent to the Secretary of State within one week of publication. The governing body must also notify the Secretary of State of their decision on the proposals. Where a school is planning to leave a federation, the governing body must also notify the Secretary of State.

Regulation 5 amends the School Organisation (Establishment and Discontinuance of Schools)(England) Regulations 2007 so as to correct minor drafting errors and so as to add two further conditional approvals:

Regulation 5(6)(a) amends regulation 20 so that approval for school closure proposals may also be conditional on the agreement of the Secretary of State to extend or enlarge an existing Academy.

Regulation 5(6)(d) amends regulation 20 so that approval for sixth form school closure proposals may also be conditional on a decision by the Secretary of State to establish a new further education college.

Regulation 5(9) amends paragraph 20 of Schedule 4 so as to bring it in line with policy intention to only require the special education needs (“SEN”) Improvement Test to be applied whenever changes are proposed to existing provision ‘that is recognised by the local education authority as reserved for pupils with SEN’.

Regulation 6 amends the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 so as to correct minor drafting errors in addition to the following:

Regulation 6(2) extends the timeframe in which a governing body must make a decision on a foundation proposal from 6 months to a year.

Regulation 6(3) omits paragraphs 2 and 13 of Schedule 2 and regulation 6(5) omits paragraphs 2 and 19 of Schedule 4 which provided for statutory proposals to be published for increases in the school’s ‘PAN’ (Published Admission Number i.e. the maximum number of pupils that a school is normally permitted to admit) during the school year. Regulations 6(4)(b) and (e) omits the analogous provisions in Schedule 3 and regulation 6(6)(b) and (d)(ii) to (v) omits the analogous provisions in Schedule 5. It is now intended that any changes to the number of pupils admitted should be consulted on as part of the annual admissions determinations arrangements.

Regulation 6(4)(a) and (6)(a) amends Schedules 3 and 5 to add additional requirements to the information that must be included in sixth form proposals.

Regulation 6(4)(d) and (6)(d)(i) allows for the length of the representation period for an excepted expansion proposal to be extended from 4 weeks to 6 weeks if it is “related” to another proposal which has a prescribed representation period of 6 weeks.

Regulation 6(4)(f)(ii) and (6)(e)(ii) amends Schedules 3 and 5 to add a new conditional approval: where the proposals are to alter the upper age limit, the decision of the Secretary of State to establish a new further education college.

Regulation 7 amends the Information as to Provision of Education (England) Regulations 2008 so as to alter the information required for forecasting the numbers of registered pupils.

Regulation 8 makes transitional provisions relating to amendments made to the School Organisation (Prescribed Alterations to Maintained Schools)(England) Regulations 2007 by regulation 6(2), (4)(d) and (6)(d)(i).