OpenLegislation

Paragraph 33 Referral to adjudicator post determinationI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purpose of section 21(2)(h), the prescribed persons at whose request proposals must, after their initial determination by the local education authority be referred to the adjudicator are—

(a)

the Diocesan Board of Education of the Church of England any part of which is comprised in the area of the local education authority;

(b)

the bishop of the diocese of the Roman Catholic Church any part of which is comprised in the area of the local education authority;

(c)

where proposals relate to a school providing, or proposing to provide education for pupils aged 14 or over, the Learning and Skills Council for England;

(d)

where proposals relate to a foundation, voluntary school or a foundation special school—

(i)

the governing body of the school to whom the proposal relates; and

(ii)

the trustees of the school (if any);

(e)

where proposals relate to a community school, and the proposal is an excepted expansion (as defined in paragraph 29), the governing body.

(2)

A request under sub-paragraph (1) must be made within 4 weeks of the initial determination by the authority.

(3)

Where a request is made under sub-paragraph (1) the authority must submit the proposals and any objection or commands made in relation to the proposals to the adjudicator within 1 week of receiving the request.

Annotations

Commencement

I1

Sch. 5 para. 33 in force at 25.5.2007, see reg. 1(1)

Footnotes

f1

As required by section 23(4) of the Act.