# The School Organisation (Transitional Provisions) (England) Regulations 2007, Regulation 16: Determination whether to implement discontinuance proposals not requiring consideration under regulation 7


(1) Where any discontinuance proposals have been made and regulation 6 does not require the proposals to be considered under regulation 7, the authority must (subject to the following provisions of this paragraph) determine whether the proposals should be implemented.
(2) Any determination under paragraph (1) must be made within 2 months from the date of expiry of the period in which proposals, objections and comments must be forwarded to them as provided by regulations 3(6) and 3(7).
(3) The requirement to make a determination under paragraph (1) only applies if, at the time when the proposals fall to be considered, the relevant authority are satisfied that the proposals do not relate to any proposals under section 113A of the Learning and Skills Act 2000 which fall to be determined by the Secretary of State but have not yet been determined by him.
(4) The requirement to make a determination under paragraph (1) does not apply where the proposals appear to the relevant authority to be related to—
(a) other discontinuance proposals published under section 29 or section 31 of SSFA 1998 or section 15 and not yet determined,
(b) proposals for the establishment of a maintained school published under section 28, 28A or 31 of SSFA 1998 or section 66 of EA 2005 or section 10 or 11 and not yet determined, or
(c) proposals published under Schedule 7 to the Learning and Skills Act 2000 and not yet determined.
(5) Where, in the case of any proposals falling within paragraph (1)—
(a) the authority fail to make a determination under that sub-paragraph within the period mentioned in paragraph (2), or
(b) the requirement to make such a determination does not apply by virtue of paragraph (3) or (4),
the proposals require consideration under regulation 7 and, in a case falling within sub-paragraph (a), must be referred to the adjudicator.

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Source: https://www.legislation.gov.uk/uksi/2007/1355/regulation/16 (the official version)
Page: https://openlegislation.uk/school-organisation-transitional-provisions-england-regulations-2007/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.