Citation and commencement

1. —(1) These Regulations may be cited as the Education (School Organisation Proposals) (Miscellaneous Amendments) (England) Regulations 2004.

(2) These Regulations except for regulations 5 to 10 shall come into force on 17th December 2004.

(3)Regulations 5 to 10 shall come into force on 1 February 2005.

Amendment of the Education (School Organisation Proposals) (England) Regulations 1999

2.The Education (School Organisation Proposals) (England) Regulations 1999( 3 ) shall be further amended in accordance with regulations 3 and 4.

3. In regulation 9(1) (Conditional Approvals)–

(a) for sub-paragraph (e) there shall be substituted the following sub-paragraph–

“ (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 or the approval by the Department for Education and Skills of capital grant in an equivalent arrangement for voluntary aided schools ” ; and

(b) after sub-paragraph (e) there shall be inserted–

“ (ea) 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” ” .

4. In paragraph 3A of Schedule 1 (Alterations for which proposals must be published) after “is at least a year” there shall be inserted “higher or”.

Amendment of the Education (School Organisation Committees) (England) Regulations 1999

5.The Education (School Organisation Committees) (England) Regulations 1999( 4 ) shall be amended in accordance with regulations 6 to 10.

6. In regulation 2(1) (Interpretation) for the definition of “relevant school”, there shall be substituted–

“ “relevant school” in relation to any authority means any school which falls within any of the categories referred to in regulation 4 and is maintained by the authority; ” .

7. In regulation 4(1) (Categories of schools)–

(a) in sub-paragraph (c) the word “and” shall be omitted;

(b) at the end of sub-paragraph (d) there shall be inserted “and (e) maintained nursery schools”.

8. In regulation 6(4) (Tenure of members) for sub-paragraph (d), there shall be substituted–

“ (d) where the person is a member of the schools group, if he ceases to be a member of the governing body of a relevant school. ”

9. In regulation 11(6) (Alternate members), in sub-paragraph (c), the words “where paragraph 4(1) applies,” shall be omitted.

10. In the Schedule (Composition of Membership of the Schools Group)–

(a) for paragraph 1, there shall be substituted–

“ 1. The composition of the schools group shall be such that it complies with paragraphs 2 and 3 below. ” ;

(b) for paragraph 2, there shall be substituted–

“ 2. There shall be at least one member of the group who is–

(a) where there is at least one primary school (other than a special school or a maintained nursery school) in the area of the authority, a member of the governing body of a primary school;

(b) where there is at least one secondary school (other than a special school) in the area of the authority, a member of the governing body of a secondary school;

(c) where there is at least one special school in the area of the authority, a member of the governing body of a special school;

(d) where there is at least one middle school in the area of the authority, a member of the governing body of a middle school; and

(e) where there is at least one maintained nursery school in the area of the authority, a member of the governing body of a maintained nursery school. ” ;

(c) in paragraph 3(2), at the end, insert “except where there is a requirement for there to be a member of the governing body of a special school or a maintained nursery school by virtue of paragraph 2”; and

(d) paragraph 4 shall be omitted.

Amendment of the Education (References to Adjudicator) Regulations 1999

11.The Education (References to Adjudicator) Regulations 1999( 5 ) shall be amended in accordance with regulations 12 and 13.

12. In regulation 2 (Adjudicator to which matters are to be referred)–

(a) in paragraph (1), for the words “a particular adjudicator” there shall be substituted the words “one or more adjudicators”; and

(b) in paragraph (2), for the first reference to “a particular adjudicator” there shall be substituted “an adjudicator” and for the second and third references to “the particular adjudicator” shall be substituted “such adjudicator”.

13. After regulation 2, there shall be inserted the following regulation–

“ Decision-making where there is more than one Adjudicator

3. —(1) Where the chief adjudicator refers a matter to more than one adjudicator, the chief adjudicator shall appoint one of them to be the lead adjudicator.

(2) In the event of a disagreement between the adjudicators, the matter under consideration shall be determined by the lead adjudicator. ”