Regulation 6 Amendments to the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007

(1)

The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007^f1 are amended as follows.

(2)

In paragraph 15(3) of Schedule 1 for “6 months” substitute “12 months”.

(3)

Omit paragraphs 2 and 13 of Schedule 2.

(4)

In Schedule 3—

(a)

for paragraph 16 substitute—

“16.

Where the proposals are to alter the upper age limit of the school so that the school provides sixth form education or additional sixth form education—

(a)
a statement that includes how the proposals will—

(i)
improve the educational or training achievements;

(ii)
increase participation in education or training; and

(iii)
expand the range of educational or training opportunities,

for 16-19 year olds in the area;

(b)
a statement as to how the new places will fit within the 16-19 organisation in an area;

(c)
evidence—

(i)
of local collaboration in drawing up the proposals; and

(ii)
that the proposals are likely to lead to higher standards and better progression at the school;

(d)
the proposed number of sixth form places to be provided.”;

(b)

in paragraph 25A(2)—

(i)

in sub-paragraph (a) omit “and 2”; and

(ii)

in sub-paragraph (b) omit “and 13”;

(c)

in paragraph 28(1)(a) for “16(2)” substitute “(16)(d)”;

(d)

in paragraph 29(2) after “the publication of the proposals” insert “except where there are related proposals to which sub-paragraph (1) applies.”;

(e)

in paragraph 29(3)—

(i)

in paragraph (a) omit “,2”;

(ii)

in paragraph (b) omit “,13”; and

(iii)

omit paragraph (c);

(f)

in paragraph 38(1)—

(i)

in paragraph (g) for “arrangements of” substitute “arrangements relating to the school or”;

(ii)

after paragraph (k) insert—

“(ka)
where the proposals are to alter the upper age limit of the school, 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

(iii)

in paragraph (1) for “(k)” substitute “(ka)”;

(g)

For paragraph (b) of paragraph 38(2) substitute—

“(b)
in a case where the change arises from a variation made pursuant to section 88E of SSFA 1998 and under the School Admissions (Admissions Arrangements)(England) Regulations 2008^f2, where the variation is required to be referred to the adjudicator, if the adjudicator determines that the variation should have effect without modifications; and”.

(5)

Omit paragraphs 2 and 19 of Schedule 4.

(6)

In Schedule 5—

(a)

for paragraph 16 substitute—

“16.

Where the proposals are to alter the upper age limit of the school so that the school provides sixth form education or additional sixth form education—

(a)
a statement that includes how the proposals will—

(i)
improve the educational or training achievements;

(ii)
increase participation in education or training; and

(iii)
expand the range of educational or training opportunities,

for 16-19 year olds in the area;

(b)
a statement as to how the new places will fit within the 16-19 organisation in an area;

(c)
evidence—

(i)
of local collaboration in drawing up the proposals; and

(ii)
that the proposals are likely to lead to higher standards and better progression at the school;

(d)
the proposed number of sixth form places to be provided.”;

(b)

in paragraph 25A(2)—

(i)

in paragraph (a) omit “and 2”; and

(ii)

for paragraph (b) substitute “(b) 18 of Part 4 to Schedule 4.”;

(c)

in paragraph 28—

(i)

in sub-paragraph (1) (a) for “16(2)” substitute “16(d)”;

(ii)

in sub-paragraph (3)(A) for “governing body” substitute “local education authority”; and

(iii)

in sub-paragraph (6) for “governing body” substitute “local education authority”;

(d)

in paragraph 29—

(i)

in sub-paragraph (2) after “the publication of the proposals” insert “except where there are related proposals to which sub-paragraph (1) applies.”;

(ii)

in paragraph (a) of sub-paragraph (3) omit “,2”;

(iii)

omit paragraph (b) of sub-paragraph (3);

(iv)

in paragraph (c) of sub-paragraph (3) omit “,19”; and

(v)

omit paragraph (d) of sub-paragraph (3);

(e)

in paragraph 38(1)—

(i)

in paragraph (g) omit “arrangements of” and insert “arrangements relating to the school or”;

(ii)

after paragraph (k) insert—

“(ka)
where the proposals are to alter the upper age limit of the school, 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

(iii)

in paragraph (l) for “(k)” substitute “(ka)”;

(f)

For paragraph (b) of paragraph 38(2) substitute—

“(b)
in a case where the change arises from a variation made pursuant to section 88E of SSFA 1998 and under the School Admissions (Admissions Arrangements)(England) Regulations 2008^f3, where the variation is required to be referred to the adjudicator, if the adjudicator determines that the variation should have effect without modifications; and”

Annotations

Footnotes

f1: S.I. 2007/1289; amended by S.1. 2007/3464.
f2: S.I. 2008/3089 as amended by S.I. 2009/1099.
f3: S.I. 2008/3089; amended by S.I. 2009/1099.