{
  "url": "https://openlegislation.uk/school-organisation-and-governance-amendment-england-regulations-2009/regulation-5",
  "json_url": "https://openlegislation.uk/school-organisation-and-governance-amendment-england-regulations-2009/regulation-5.json",
  "legislation": "uksi/2009/1556",
  "legislation_title": "The School Organisation and Governance (Amendment) (England) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/school-organisation-and-governance-amendment-england-regulations-2009",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Amendments to the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007",
  "text": "(1) The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 are amended as follows.\n(2) In the heading for regulation 4 insert “a” after “which”.\n(3) At the beginning of regulation 12 insert “Subject to regulation 12A”.\n(4) After regulation 12 insert—\n“Maintained nursery schools\n12A. Where the school is to be a maintained nursery school paragraphs 2, 8(c) to (f), 10, 12 to 15, 17, 24, 28, 30, 31, 33, 34 and 38 of Schedule 3 do not apply.”.\n(5) In regulation 13—\n(a) in paragraph (1)(b) before “the relevant details” insert “Subject to paragraph (1A)”;\n(b) after paragraph (1) insert—\n“(1A) Where the school is to be a maintained nursery school paragraphs 31, 34(c) to (f), 36, 38, 39, 42 and 44 of Schedule 5 do not apply.”; and\n(c) in paragraph (5) for “requests a copy within 1 week of the date of publication” substitute “requests a copy within 1 week of receipt of the request.”.\n(6) In regulation 20—\n(a) after paragraph (m) insert—\n“(ma) in the case of proposals published under section 15, the agreement of the Secretary of State to extend or enlarge an existing Academy;”;\n(b) at the end of paragraph (p) omit “and”;\n(c) at the end of paragraph (q) omit “and”;\n(d) after paragraph (q) insert—\n“(qa) in the case of proposals published under section 15, the decision of the Secretary of State to establish a new further education college under section 16 of the Further and Higher Education Act 1992; and ”; and\n(e) in paragraph (r) for “(q)” substitute “(qa)”.\n(7) In paragraph 41 of Schedule 2 omit “; and a statement that the proposers intend to ask the Secretary of State to designate the school as a school with such a religious character”.\n(8) In paragraph 50 of Schedule 3 omit “; and a statement that the proposers intend to ask the Secretary of State to designate the school as a school with such a religious character”.\n(9) In paragraph 20 of Schedule 4 after “existing provision” insert “that is recognised by the local education authority as reserved”.\n(10) In Schedule 5—\n(a) in paragraphs 27 and 51 omit “; and a statement that the proposers intend to ask the Secretary of State to designate the school as a school with such a religious character”;\n(b) omit paragraph 58.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2007/1288; amended by S. I. 2007/3464."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1992 c.13."
    }
  ],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "uksi/2013/3109",
      "affecting_title": "The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1556/regulation/5",
    "retrieved_at": "2026-10-29T03:10:35.414412+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."
}