OpenLegislation

Paragraph 41 Revocation of proposals (after approval)I1

England and Wales

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

(1)

If the local education authority, or adjudicator (where the original proposals were referred to him under paragraph 31(5) only, or a referral is made to him under sub-paragraph (8)), are satisfied that—

(a)

implementation of proposals would be unreasonably difficult; or

(b)

circumstances have so altered since approval was given that implementation would be inappropriate,

the authority or adjudicator as appropriate may determine that paragraph 40 (duty to implement) is to cease to apply to the proposals.

(2)

The authority or adjudicator (as the case may be) may only make a determination under sub-paragraph (1) where proposals have been published by the authority under sub-paragraph (3) (“revocation proposals”).

(3)

Revocation proposals must contain—

(a)

a description of the original proposals as published in accordance with section 19 (1);

(b)

the date of publication of the original proposals;

(c)

a statement as to why it is proposed that, in accordance with sub-paragraph (1), paragraph 40 should not apply in relation to the original proposals; and

(d)

details of how copies of the original proposals can be obtained.

(4)

Revocation proposals must be published by—

(a)

posting a copy in a conspicuous place in the area to be served by the school and at or near the main entrance to the school or, if there is more than one main entrance, all of them; and

(b)

publishing them in at least one newspaper circulating in the area to be served by the school.

(5)

Any person may object to or comment on revocation proposals, and such objections and comments must be sent to the authority within 6 weeks of the date of publication of the proposals.

(6)

Where the original proposals were decided by the adjudicator pursuant to a reference to him under paragraph 31(5), the authority must refer the revocation proposals, together with any objections or comments in relation to them, to him within 2 weeks of the end of the representation period.

(7)

Where the authority determine revocation proposals, any determination must be made within a period ending 2 months after the end of the representation period.

(8)

If the authority do not make a determination within the period specified in sub-paragraph (7) they must refer the proposals to the adjudicator within 1 week from the end of that period.

(9)

The authority must notify the following persons of each decision taken under sub-paragraph (1) together with their reasons—

(a)

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

(b)

the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the 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 the proposals relate to a voluntary or foundation school, or a foundation special school—

(i)

the governing body, and

(ii)

the trustees of the school; and

(e)

where the original proposal is an excepted expansion (as defined in paragraph 29(3)), the governing body.

(10)

The persons at whose request revocation proposals must after their determination by the authority be referred to the adjudicator are—

(a)

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

(b)

the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the 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 voluntary or foundation school or a foundation special school—

(i)

the governing body, and

(ii)

the trustees of the school; and

(e)

where the proposal is an excepted expansion (as defined in paragraph 29(3)), the governing body.

(11)

A request under sub-paragraph (10) must be made within 4 weeks of the initial determination of the revocation proposals by the authority.

(12)

Where a request is made under sub-paragraph (10) the authority must submit the revocation proposals and any objections or comments relating to the proposals, to the adjudicator within 1 week of receiving the request.

Annotations

Commencement

I1

Sch. 5 para. 41 in force at 25.5.2007, see reg. 1(1)