Citation and commencement

1. These Regulations may be cited as the Education (School Organisation Proposals) (England) (Amendment) Regulations 2005 and shall come into force on the 1st of August 2005.

2. These Regulations apply in relation to England only.

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

3.The Education (School Organisation Proposals) (England) Regulations 1999( 2 ) shall be further amended as follows.

4. In regulation 2 (Interpretation) after the definition of “capacity guidance” insert the definition—

“ “excepted expansion” means, in respect of secondary schools except grammar schools, a prescribed alteration falling within paragraphs 1, 2, 11 or 12 of Schedule 1; ” .

5. In regulation 7 (Objections to proposals) after sub-paragraph (2)(b)(ii) add

“ ,or

(iii) the proposals are published under section 28 and are in respect of an excepted expansion. ”

6. After regulation 7, insert the following regulation—

“ Attendance at school organisation committee meeting

7A. —(1) Within two weeks of the date on which a school organisation committee have received proposals in respect of an excepted expansion sent to them in accordance with section 28(6), that committee shall inform the governing body of the school which is the subject of the proposals, of the date, time and location of the meeting at which the determination of those proposals will occur.

(2) In cases where proposals have been published under section 28 (whether by a local education authority or by a governing body) and are in respect of an excepted expansion, up to but not more than 2 representatives of the governing body of the school which is the subject of the proposals shall be entitled to attend the meeting referred to in paragraph (1) and make representations about the proposals to the members prior to the school organisation committee voting on those proposals. ”

7. In regulation 10 (Period after the expiry of which proposals must be referred to the adjudicator if requested)—

(a) in paragraph (2), for “paragraph (6)”, substitute “paragraphs (2A) and (6)”;

(b) after paragraph (2) add the following paragraph—

“ (2A) In the case of proposals in respect of an excepted expansion, all references to “two months” in paragraph (2) shall be read as references to “six weeks”. ” ;

(c) in paragraph (3) for “paragraph (6)”, substitute “paragraphs (3A) and (6)”; and

(d) after paragraph (3), add the following paragraph—

“ (3A) In the case of proposals in respect of an excepted expansion, all references to “two months” in paragraph (3) shall be read as references to “six weeks”. ” .

8. In regulation 10C—

(a) in paragraph (1) for “popular school but not a grammar school” substitute—

“ (a) a secondary school which is not a grammar school; or

(b) a popular primary school. ” ;

(b) in paragraph (2) , after “2” add “,3,” and for “or 12” substitute “,12 or 13”;

(c) for sub-paragraph (4)(b) substitute the following—

“ (b) a primary school is a “popular primary school” if the number of first preferences of parents for places at the school exceeds the admission number for the relevant age group in the current school year by more than 10%; ” ;

(d) for sub-paragraph 4(c) substitute the following—

“ (c) “first preferences” for a school are applications made during the normal admissions round which are ranked by parents on an area’s common application form as their first preference of school; and ” ;

(e) for sub-paragraph 4(d) substitute the following—

“ (d) admission number” means the number of pupils in any relevant age group as determined by the admission authority in accordance with sections 89 and 89A of the Act. ” ;

(f) omit sub-paragraph 4(e);

(g) after paragraph (4) insert the following—

“ (5) The relevant school organisation committee shall inform—

(a) the representative or representatives of the governing body, who attend a school organisation committee meeting pursuant to regulation 7A, at the start of the meeting; or

(b) where there are no representatives, the governing body at the time of notification pursuant to regulation 12,

of their entitlement under paragraph 3(6C) of Schedule 6. ”