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The School Organisation (Transitional Provisions) (England) Regulations 2007

S.I. 2007/1355 · Made 26 April 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EDUCATION, ENGLAND

Made 26th April 2007

Laid before Parliament 4th May 2007

Coming into force 25th May 2007

In exercise of the powers conferred upon the Secretary of State by sections 31 and 183 of the Education and Inspections Act 2006f1, the Secretary of State for Education and Skills makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2006 c. 40. See section 32 for definition of “regulations”.

Contents

  1. Part 1: General
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: Savings and transitional provisions relating to proposals for the establishment and discontinuance of maintained schools published under SSFA 1998 or EA 2005 and undetermined
  5. 3Undetermined Proposals published under SSFA 1998 and EA 2005: general
  6. 4Objections and comments
  7. 5Consideration of proposals published under SSFA 1998 and EA 2005: general
  8. 6Proposals requiring consideration under regulation 7
  9. 7Consideration of proposals
  10. 8Consideration of proposals that are related to other proposals
  11. 9Duty to refer to the adjudicator certain proposals made by or involving relevant authority
  12. 10Duty to refer proposals to the adjudicator where determination delayed
  13. 11Reference to the adjudicator at request of aggrieved person after determination under regulation 7 (4)
  14. 12Duty to refer related proposals
  15. 13Withdrawal of proposals before determination
  16. 14Effect of referring proposals to adjudicator
  17. 15Proposals to establish Academies
  18. 16Determination whether to implement discontinuance proposals not requiring consideration under regulation 7
  19. 17Provision of information
  20. 18Requirement to implement proposals, revocation and modification
  21. 19Proposals not falling to be implemented
  22. Part 3: Savings and transitional provisions relating to proposals for the establishment and discontinuance of maintained schools published and determined under SSFA 1998 or EA 2005
  23. 20Requirement to Implement Proposals
  24. 21Modification post determination
  25. 22Revocation of proposals
  26. 23Proposals not falling to be implemented
  27. Part 4: Savings and transitional provisions relating to proposals for the making of prescribed alterations to maintained schools and to changes of category where the proposals have been published under SSFA 1998 and are undetermined
  28. 24Undetermined Proposals published under SSFA 1998 Act: general
  29. 25Consideration of proposals published under SSFA 1998: general
  30. 26Objections and Comments
  31. 27Consideration and determination of proposals by the local education authority or the adjudicator
  32. 28Provision for notification of decisions
  33. 29Appeals to adjudicator
  34. 30Related Proposals
  35. 31Determination of proposals where the school is transferring to a different local education authority
  36. 32Transitional exemption orders under the Sex Discrimination Act 1975
  37. 33Conditional approvals
  38. 34Withdrawal of Proposals
  39. 35Requirement to Implement Proposals
  40. 36Revocation of Proposals (after approval)
  41. 37Modification post determination
  42. 38Proposals not falling to be implemented
  43. 39Unimplemented statutory proposals
  44. 40Provisions applicable to proposals relating to change of category only
  45. Part 5: Savings and transitional provisions relating to proposals for the making of prescribed alterations to maintained schools and to changes of category where the proposals have been published and determined under SSFA 1998
  46. 41Requirement to Implement Proposals
  47. 42Modification post determination
  48. 43Revocation of proposals (after approval)
  49. 44Proposals not falling to be implemented
  50. 45Unimplemented statutory proposals
  51. 46Provisions applicable to proposals relating to change of category only
  52. Signature
  53. Schedule 1: MODIFICATION OF PART 2 OF THESE REGULATIONS WHERE SCHOOLS ESTABLISHED OUTSIDE AREA OF RELEVANT LEA
  54. Part 1: Proposals published under section 66 of EA 2005 where school is to be established in area other than that of local education authority that published the notice
  55. 1Paragraph 1
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4Paragraph 4
  59. 5Paragraph 5
  60. Part 2: Proposals published under section 28, 28A or 31 of SSFA 1998 where school is to be established in area other than that of local education authority who it is proposed should maintain the school
  61. 6Paragraph 6
  62. 7Paragraph 7
  63. 8Paragraph 8
  64. 9Paragraph 9
  65. 10Paragraph 10
  66. Schedule 2: IMPLEMENTATION OF ESTABLISHMENT AND DISCONTINUANCE PROPOSALS
  67. 1Proposals relating to community schools, community special schools or maintained nursery schools
  68. 2Proposals relating to foundation or voluntary controlled schools
  69. 3Proposals relating to voluntary aided schools
  70. 4Proposals relating to foundation special schools
  71. 5Proposals relating to Academies
  72. 6Provision of site and buildings for proposed foundation, voluntary controlled or foundation special school
  73. 7Grants in respect of certain expenditure relating to proposed voluntary aided school
  74. 8Assistance for proposers of proposed voluntary aided school
  75. 9Duty to transfer interest in premises provided under paragraph 8
  76. Schedule 3: PROVISIONS APPLICABLE TO PROPOSALS RELATING TO A CHANGE OF CATEGORY
  77. 1Revision or replacement of the school’s instrument of government
  78. 2Reconstitution or replacement of the governing body
  79. 3Current governors continuing in office
  80. 4Surplus governors
  81. 5Transfer of staff
  82. 6Transfer of staff
  83. 7Transfer of staff
  84. 8Transfer of staff
  85. 9Transfer of staff
  86. 10Transfer of staff
  87. 11Transfer of staff
  88. 12Transfer of staff
  89. Schedule 4: LAND TRANSFERS WHEN A SCHOOL CHANGES CATEGORY
  90. 1Paragraph 1
  91. 2Rules relating to transfer
  92. 3Rules relating to transfer
  93. 4Rules relating to transfer
  94. 5Rules relating to transfer
  95. 6Rules relating to transfer
  96. 7Rules relating to transfer
  97. 8Outstanding transfers
  98. 9Transfers of right to use land
  99. 10Land excluded from transfers
  100. 11Restrictions on disposal of land when proposals are pending
  101. 12Restrictions on disposal of land when proposals are pending
  102. 13Restrictions on disposal of land when proposals are pending
  103. 14Provision of information
  104. 15Division and apportionment of property
  105. 16Identification of property, rights and liabilities
  106. 17Resolution of disputes
  107. 18Right to production of documents of title
  108. 19Proof of title by certificate
  109. 20Construction of agreements
  110. 21Construction of agreements
  111. 22Third parties affected by vesting provisions
  112. 23Third parties affected by vesting provisions
  113. Explanatory note