Regulation 18 Requirement to implement proposals, revocation and modification
Where—
any proposals have been approved under regulation 7, or
the relevant authority have determined under regulation 16 to implement any proposals,
then the proposals must be implemented, in the form in which they were so approved or determined, in accordance with this Part of, and Schedule 2 to, these Regulations.
Subject to paragraphs (9) and (12), the relevant authority may, at the request of the proposers who made the proposals referred to in paragraph (1), or, where the proposals were made by the authority themselves on their own initiative—
modify the proposals after consulting—
the proposers or the local education authority who made the proposals,
where the proposals are to establish a new foundation, foundation special or voluntary school, the local education authority who it is proposed should maintain the school,
where the proposals were published by the governing body of a school, the authority who maintain the school, and
where the proposals were published by the authority to discontinue a school, the governing body of the school, and
where any approval was given in accordance with regulation 7(5), specify a later date by which the event in question must occur.
If the relevant authority or the adjudicator (where the original proposals were referred to him under paragraph (9) or (12)) are satisfied—
that implementation of the proposals would be unreasonably difficult, or
that circumstances have so altered since approval was given under regulation 7 that implementation of the proposals would be inappropriate,
the authority or the adjudicator may determine that paragraph (1) is to cease to apply to the proposals.
The relevant authority or the adjudicator may only make a determination under paragraph (3) where proposals that they or he should do so have been published by the proposers or a local education authority (“revocation proposals”).
Revocation proposals must contain—
a description of the original proposals as published in accordance with sections 28, 28A, 29 or 31 of SSFA 1998 or section 66 of EA 2005;
the date of publication of the original proposals;
details of who published the proposals; and
a statement as to why it is proposed that, in accordance with paragraph (3), paragraph (1) should not apply in relation to the original proposals.
Revocation proposals must be published by—
posting them in a conspicuous place in the area to be served by the school,
where the original proposals were discontinuance proposals, by posting them at or near the main entrance to the school, or if there is more than one entrance, all of them, and
publishing them in at least one newspaper circulating in the area to be served by the school.
The proposers must submit their revocation proposals within 1 week of the date of publication to the relevant authority.
In relation to revocation proposals—
any person may object to or comment on such proposals and such objections and comments must be sent to the local education authority within 6 weeks of the date of publication of such proposals;
any determination by the authority must be made within 2 months of the end of the representation period.
in cases where the authority does not make a determination within the time specified in sub-paragraph (b), they must refer the proposals to the adjudicator within 1 week from the end of that period .
The relevant authority must refer to the adjudicator any matter falling within paragraph (2) and any revocation proposals, together with objections and comments in relation to them, where the initial decision was made by the adjudicator within—
2 weeks of the request from the proposer or from the authority making a decision on its own initiative in relation to matters falling within paragraph (2), or
2 weeks of the end of the representation period.
The relevant authority must notify the following persons of each decision taken under paragraph (3) and their reasons—
the persons or body who submitted the proposals;
subject to paragraph (12), each objector;
the Secretary of State;
where proposals include provision for 14-16 education or sixth form education, the Learning and Skills Council for England;
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;
the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the authority;
the adjudicator; and
where the proposals relate to a special school,
the relevant Primary Care Trust , for the area in which the school is situated, and
any NHS trust or NHS foundation trust responsible for a hospital or other provision in the area in which the school is situated.
Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the authority or the adjudicator as the case may be may comply with paragraph (1) (b) by—
notifying the person (if any) who appears to them to have arranged for the petition to be sent to the local education authority; or
if there is no such person, notifying the objector whose name appears first on the petition.
If by the end of the period of 2 months from the date of the request from the proposer, 2 months of a decision taken on the authority’s own initiative or 2 months from the date of publication of the proposals as referred to in paragraph (9) as the case may be, the relevant authority have failed to make a determination, the authority must refer the matter to the adjudicator.
The relevant authority must if so requested by any relevant person within 4 weeks from the date of the notification of the determination pursuant to regulation 17 refer any revocation proposals which the relevant authority have determined under paragraph (3) together with any reasons given by the authority for their determination.
The persons specified in paragraph 14 of Schedule 2 are relevant persons for the purposes of paragraph (13).
References to the adjudicator falling within paragraph (13) must be made within 1 week from the date on which the authority receives notice of a request for a referral.
Where any matter is referred to the adjudicator under this regulation—
the relevant authority may refer to the adjudicator with the matter their comments on it,
the adjudicator must consider the matter afresh, and
such of the provisions of paragraphs (2) and (3) as are relevant shall apply to him in connection with his decision on that matter as they apply to the authority.