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The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013

S.I. 2013/3110 · Made 16 December 2013 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 May 2025.

Education, England

Made 16th December 2013

Laid before Parliament 18th December 2013

Coming into force 28th January 2014

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 18(1), (2) and (3), 19(2) and (3), 21(1) to (6), 22(3) to (5), 23(1), and (3) to (5), 24(1) to (7), 181(2) and 183(1) and (2) of the Education and Inspections Act 2006f1 and sections 29(5) and 537 of the Education Act 1996f2.

Annotations to the whole text

Footnotes

f1

2006 c.40. See section 32 for the definitions of “prescribed” and “regulations”.

f2

1996 c.56.

Contents

  1. 1Citation, commencement and application
  2. 2Interpretation
  3. 3Alterations to maintained schools by governing bodies: foundation proposals
  4. 4Other alterations to maintained schools by governing bodies
  5. 5Alterations to maintained schools by local authorities
  6. 6Publication, determination and implementation of proposals
  7. 7Regard to guidance
  8. 8Revocations and saving provisions
  9. Signature
  10. Schedule 1: FOUNDATION PROPOSALS
  11. Part 1: Information to be included in or provided in relation to proposals
  12. 1Paragraph 1
  13. 2Paragraph 2
  14. 3Paragraph 3
  15. 4Paragraph 4
  16. Part 2: Publication, determination and implementation of foundation proposals
  17. 5Manner of publication of proposals
  18. 6Objections and comments
  19. 7Governing body as decision maker
  20. 8Referrals to adjudicator for consideration and determination
  21. 9Paragraph 9
  22. 10Paragraph 10
  23. 11Paragraph 11
  24. 12Withdrawal of proposals
  25. 13Consideration and determination of proposals by the governing body or adjudicator
  26. 14Paragraph 14
  27. 15Referral to the adjudicator post determination
  28. 16Conditional approvals
  29. 17Provision for notification of determinations
  30. 18Duty to implement proposals and provide information to the Secretary of State
  31. 19Revocation of proposals (after approval)
  32. 20Modification post-determination
  33. 21Proposals not falling to be implemented
  34. Schedule 2: ALTERATIONS OTHER THAN ALTERATIONS PROPOSED IN FOUNDATION PROPOSALS WHICH MAY BE PUBLISHED BY A GOVERNING BODY OR LOCAL AUTHORITY AS SPECIFIED IN REGULATIONS 4 AND 5
  35. 1Enlargement of premises
  36. 2Alteration of upper or lower age limit of a community , voluntary or foundation school including the addition or removal of ... sixth form provision
  37. 3Alteration of upper or lower age limits of a foundation or voluntary school Repealed
  38. 4Alteration of upper age limit so as to add or remove a mainstream school’s sixth form
  39. 5Alteration of upper or lower age limit of a special school
  40. 6Increase in number of pupils in a special school
  41. 7Decrease in number of pupils in a special school
  42. 8Special educational needs
  43. 9Paragraph 9
  44. 10Grammar school admission arrangements
  45. 11Co-educational or single sex provision
  46. 12Boarding
  47. 13Paragraph 13
  48. 14Transfer to a new site
  49. 15Discontinuance of use of a site
  50. 16Changes of category
  51. Schedule 3: PUBLICATION, DETERMINATION AND IMPLEMENTATION OF PROPOSALS OTHER THAN FOUNDATION PROPOSALS
  52. 1Manner of publication of proposals
  53. 2Objections and comments
  54. 3Local authority as decision maker
  55. 4Withdrawal of proposals
  56. 5Consideration and determination of proposals by the local authority or adjudicator
  57. 7Referral to the adjudicator post-determination
  58. 8Conditional approvals
  59. 9Provision for notification of decisions
  60. 10Related proposals
  61. 11Determination of proposals where the school is transferring to a different local authority
  62. 12Transitional exemption orders under the Equality Act 2010
  63. 13Duty to implement proposals and provide information to the Secretary of State
  64. 14Proposals relating to foundation, foundation special or voluntary controlled schools
  65. 15Proposals relating to community, community special or maintained nursery schools
  66. 16Proposals relating to voluntary aided schools
  67. 17Provision of site and buildings for foundation, foundation special or voluntary controlled schools
  68. 18Assistance for voluntary aided schools
  69. 19Duty to transfer interest in premises provided under paragraph 18
  70. 20Revocation of proposals (after approval)
  71. 21Modification post-determination
  72. 22Proposals not falling to be implemented
  73. Schedule 4: PROVISIONS RELATING TO FOUNDATION PROPOSALS AND OTHER CHANGES OF CATEGORY
  74. 1Unimplemented statutory proposals
  75. 2Revision or replacement of the school’s instrument of government
  76. 3Reconstitution or replacement of the governing body
  77. 4Current governors continuing in office
  78. 5Surplus governors
  79. 6Transfer of staff
  80. 7Paragraph 7
  81. 8Paragraph 8
  82. 9Paragraph 9
  83. 10Paragraph 10
  84. 11Paragraph 11
  85. 12Paragraph 12
  86. 13Paragraph 13
  87. 14Transitional admission arrangements
  88. Schedule 5: LAND TRANSFERS WHEN A SCHOOL CHANGES CATEGORY OR ACQUIRES A FOUNDATION
  89. 1Paragraph 1
  90. 2Rules relating to transfer
  91. 3Paragraph 3
  92. 4Paragraph 4
  93. 5Paragraph 5
  94. 6Outstanding transfers
  95. 7Transfers of right to use land
  96. 8Land excluded from transfers
  97. 9Restrictions on disposal of land when proposals are pending
  98. 10Paragraph 10
  99. 11Paragraph 11
  100. 12Provision of information
  101. 13Division and apportionment of property
  102. 14Identification of property, rights and liabilities
  103. 15Resolution of disputes
  104. 16Right to production of documents of title
  105. 17Proof of title by certificate
  106. 18Construction of agreements
  107. 19Paragraph 19
  108. 20Third parties affected by vesting provisions
  109. Explanatory note