Regulation 36 Revocation of Proposals (after approval)
If the authority or the adjudicator (where the original proposals were referred to him under regulation 27 (5) only, or a referral is made to him under paragraph (9)) are satisfied that—
implementation of proposals would be unreasonably difficult; or
circumstances have so altered since approval was given that implementation would be inappropriate,
the authority or the adjudicator may determine that regulation 35(2) (duty to implement) is to cease to apply to the proposals.
The authority or the adjudicator (as the case may be) may only make a determination under paragraph (1) where proposals that they or he should do so have been published by the governing body or the local education authority under paragraph (3) (“revocation proposals”).
Revocation proposals must contain—
a description of the original proposals as published in accordance with section 28 or 31 of SSFA 1998 or paragraph 2 or 3 of Schedule 8 to SSFA 1998;
the date of publication of the original proposals;
a statement as to why it is proposed that, in accordance with paragraph (1), regulation 35(2) (duty to implement proposals) should not apply in relation to the original proposals.
Revocation proposals must be published by—
posting them in a conspicuous place in the area served by the school, and at or near the main entrance to the school or, if there is more than one main entrance, all of them, and
publishing them in at least one newspaper circulating in the area served by the school.
The governing body must submit the revocation proposals within 1 week of the date of publication to the authority.
Any person may object to or comment on revocation proposals and such objections and comments must be sent to the local education authority who published the proposals within 6 weeks of the date of publication of the proposals.
Where the original proposals were decided by the adjudicator pursuant to a reference under regulation 27 (5), the authority must refer the revocation proposals, together with any objections or comments in relation to them, to the adjudicator within 2 weeks of the end of the representation period.
Where the authority determine revocation proposals, any determination must be made within a period ending 2 months after the representation period.
If the authority does not make a determination within the time specified in paragraph (8), they must refer the proposals to the adjudicator within 1 week from the end of that period.
The authority must notify the following persons of each decision taken under paragraph (1) together with their reasons—
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 ;
where proposals relate to a school providing or proposing to provide education for pupils aged 14 and over, the Learning and Skills Council for England;
where proposals are made by an authority and relate to a foundation or voluntary school or a foundation special school—
the governing body ; and
the trustees of the school (if any); and
where the school is a community school and the proposal is made by the authority and is an excepted expansion, the governing body .
The persons at whose request proposals must, after their determination by the authority pursuant to paragraph (1), be referred to the adjudicator are—
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;
where proposals relate to a school providing education for pupils aged 14 and over, the Learning and Skills Council for England;
where proposals are made by a authority and relate to a foundation or voluntary school or a foundation special school—
the governing body ; and
the trustees of the school (if any); and
where the school is a community school and the proposal is made by the authority and is an excepted expansion, the governing body .
A request under paragraph (11) must be made within 4 weeks of determination of the revocation proposals.
Where a request is made under paragraph (11) the local authority must submit the proposals and any comments and objections on the proposals to the adjudicator within 2 weeks of receiving the request.