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Regulation 33 Conditional approvals

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

(1)

The following events are events which (if the approval is expressed to take effect only if they occur) must occur by the date specified in the approval—

(a)

the grant of planning permission under Part 3 of the Town and Country Planning Act 1990f1;

(b)

the acquisition of any site required for the implementation of the proposals;

(c)

the acquisition of playing fields required for the implementation of the proposals;

(d)

the securing of any necessary access to a site referred to in sub-paragraph (b) or playing fields referred to in sub-paragraph (c);

(e)

the private finance credit approval given by the Department for Education and Skills following the entering into of a private finance contract by a local education authority;

(f)

the entering into an agreement for any necessary building project supported by the Department for Education and Skills in connection with the programme known as “Building Schools for the Future”;

(g)

in the case of mainstream schools, the agreement to any change to the admission arrangements of any other school or schools , as specified in the approval;

(h)

the making of any scheme relating to any charity connected with the school;

(i)

the formation of any federation (within the meaning of section 24(2) of EA 2002) of which it is intended that the proposed school should form part of , or the fulfilling of any other condition relating to the proposed school forming part of a federation;

(j)

the Secretary of State giving approval under regulation 5(4) of the Education (Foundation Body)(England) Regulations 2000f2 to an application that a foundation body must be established and that the school must form part of a group for which a foundation must act;

(k)

the Secretary of State making a declaration under regulation 22(3) of the Education (Foundation Body) (England) Regulations 2000 that the school should form part of a group for which a foundation body acts; and

(l)

where the proposals in question depend upon any of the events specified in paragraphs (a) to (g) occurring by a specified date in relation to proposals relating to any other school or proposed school, the occurrence of such an event.

(2)

For the purposes of paragraph (g) above a change to the admission arrangements is agreed—

(a)

in the case where the change arises from the admission arrangements for the school year in question being different from the admission arrangements for the previous school year, if the admission arrangements are determined under section 89(4) of SSFA 1998 and either—

(i)

no objection is made to the change in accordance with section 90 of SSFA 1998, or

(ii)

if an objection to the change is made and referred to the adjudicator in accordance with section 90 of SSFA 1998, the objection is not upheld;

(b)

in a case where the change arises from a variation made under section 89(5) of SSFA 1998 or made under The School Admissions (Alteration and Variation of, and Objections to, Arrangements) (England) Regulations 2007f3 where the variation is required to be referred to the adjudicator, if the adjudicator determines that the variation should have effect without modifications; and

(c)

in a case where the change arises from a variation made under those regulations where the variation is not required to be referred to the adjudicator, when the variation is made.

Annotations

Footnotes

f1

1990 c.8.

f2

S.I. 2000/2872.

f3

S.I. 2007/496.