PART 1 General

Citation and commencement_I1

1. These Regulations may be cited as the School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 and come into force on 28th January 2014.

Interpretation_I2

2.—(1) In these Regulations—

“the Act” means the Education and Inspections Act 2006 ;

“EA 1996” means the Education Act 1996 ( 2 );

“EA 2002” means the Education Act 2002 ( 3 );

[^F1 “ alternative provision school ” means a pupil referral unit or an alternative provision Academy; ^F1]

^F2...

^F3...

“discontinuance proposals” means proposals published under section 15 by a local authority or by a governing body to discontinue a school;

^F4...

[^F5 “ mainstream school ” means a community school, foundation school, voluntary school, or an Academy school which meets the requirements of section 1A (1) of the Academies Act 2010 ; ^F5]

[^F5 “ notice ” means a notice under section 7 of the Act; ^F5]

“representation period” means the period in which objections or comments must be sent as set out in regulation 13(1);

“revocation proposals” means proposals published under paragraph 21(4) of Schedule 2 to the Act;

“sixth form education” means full-time secondary education suitable to the requirements of pupils over compulsory school age( 4 );

^F6...

“special school” means a community special or a foundation special school[^F7 , or an Academy school which meets the requirements of section 1A (2) of the ; and Academies Act 2010 ^F7]

“SSFA 1998” means the School Standards and Framework Act 1998 .

(2) In these Regulations, any reference to sections 7, 10, 11, 12 and 15 is a reference to that section of the Act(5).

Revocations and saving provisions_I3

3.—(1) The following are revoked—

(a)the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007(6);

(b)the School Organisation (Transitional Provisions) (England) Regulations 2007(7);

(c)regulations 2 to 16 of the School Organisation and Governance (Amendment) (England) Regulations 2007(8);

(d)regulation 5 of the School Organisation and Governance (Amendment) (England) Regulations 2009(9);

(e)the School Organisation (Establishment and Discontinuance of Schools) (Amendment) (England) Regulations 2009(10);

(f)article 22 of the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010(11);

(g)article 17 of the Young People’s Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012(12).

(2) Notwithstanding the provisions of paragraph (1) the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 continue to apply in relation to those cases where before 28th January 2014—

(a)a competition notice has been published;

(b)proposals have been published by a local authority or by any persons under section 10(1) or (2) (publication of proposals with consent of Secretary of State);

(c)proposals have been published by a local authority or by any persons under section 11(1) or (2) (publication of proposals to establish maintained schools (special cases)); and

(d)proposals have been published by a local authority or by the governing body of a foundation, voluntary or foundation special school under section 15(1) or (2) (publication of proposals to discontinue schools maintained by local authority).

PART 2 Proposals for Establishment of New Schools [^F8Made Pursuant to a Notice^F8]

^F9Prescribed interval after which a ... notice may specify a date for the submission of proposals_I4

^F114. For the purposes of section 7(3)(c), the prescribed interval is an interval of [^F10six^F10] weeks from the date of publication of the ... notice.

^F12... Notices and manner of publication_I5

^F13,F145.—(1) A ... notice must include ... [^F15the following—

(a)a specification for the new school;

(b)a description of the procedure set out in the Act and these Regulations for the establishment of a new school where section 7(1) applies;

(c)the deadline for proposals to be submitted; and

(d)information on how a copy of the notice can be obtained.^F15]

[^F16 (1A) A specification under paragraph (1)(a) must include the matters specified in Schedule A1, except that—

(a)where the notice specifies that the school should be a mainstream school, the specification need not contain the matters specified in paragraphs 14, 15 and 19-21 of Schedule A1;

(b)where the notice specifies that the school should be a special school, the specification need not contain the matters specified in paragraphs 11, 13 and 19-21 of Schedule A1; and

(c)where the notice specifies that the school should be an alternative provision school, the specification need not contain the matters specified in paragraphs 11 and 13-15 of Schedule A1.^F16]

(2) The local authority must publish—

(a)^F17the ... notice on their website;

^F18(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19(3) Any publication under paragraph (2) must provide details of how copies of the ... notice may be obtained.

^F20(4) Within one week of the date of publication of the ... notice the local authority must send a copy of it to—

(a)the Secretary of State;

(b)the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local authority;

(c)the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local authority; and

(d)any other body or person that the local authority think appropriate.

^F21(5) Within one week of receiving a request for a copy of the ... notice the local authority must send a copy to the person requesting it.

^F22Proposals made pursuant to a ... notice_I6

^F23,F246. Proposals made pursuant to a ... notice must ...—

^F25(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[^F26 confirm that the proposed school will meet each of the requirements set out in the specification which correspond to the matters in Part 2 of Schedule A1 or explain^F26] any differences between the information in the proposal and [^F27those requirements^F27] ; and

(c)[^F28 include^F28] a statement describing the [^F29type and character (including any religious character) of the school and summarising the principal elements of the admission arrangements which the school will have, subject to any contrary admission arrangements which may be determined pursuant to regulations made under section 72 of the SSFA 1998^F29] ;

[^F30 (d)specify which of the following categories of school it is proposed be established—

(i)community school;

(ii)community special school;

(iii)foundation school;

(iv)foundation special school;

(v)voluntary aided school;

(vi)voluntary controlled school;

(vii)Academy school which meets the requirements of section 1A(1) of the Academies Act 2010;

(viii)Academy school which meets the requirements of section 1A(2) of the Academies Act 2010;

(ix)alternative provision Academy; or

(x)pupil referral unit.^F30]

Manner in which proposals are to be published_I7

7.—(1)[^F31 Within the period of two weeks beginning with the day after the date by which proposals were to be submitted as specified in the notice, the^F31] local authority must publish on their website the proposals submitted to them pursuant to section 7 and [^F32any proposals of their own which the local authority have chosen to publish under section 7(5)(aa).^F32]

[^F33 (1A)^F33][^F34 Any publication mentioned in paragraph (1) must^F34] include a statement detailing how copies of the published proposals may be obtained.

(2)[^F35 Any publication mentioned in paragraph (1) must include—^F35]

(a)a statement that any person may object to or comment on the proposals;

(b)the address to which any objections or comments should be sent; and

(c)the date (in accordance with regulation 13) by which such objections or comments must be [^F36received^F36] .

^F38(3) Within one week of the date of a publication under [^F37paragraph (1)^F37] the local authority must send a copy of any ... proposals together with any statement published under paragraph (2) to any body or person that the local authority think appropriate.

(4) Within one week of receiving a request for a copy of the proposals the local authority must send a copy to the person requesting it.

[^F39 (5) In cases where the local authority are to consider the proposals under paragraph 8 of Schedule 2 to the Act, the local authority must send a copy of the proposals to the Secretary of State within the period of two weeks beginning with the day after the day on which the representation period ends.^F39]

PART 3 ^F40Proposals for the Establishment of New ... Schools [^F41Which are not Made Pursuant to a Notice^F41]

Information to be contained in proposals under section 10_I8

^F438.[^F42—(1)^F42] Proposals published under section 10 ... must contain the information specified in Schedule 1.

[^F44 (2) Proposals published under section 10(1) (proposals to establish a new maintained nursery school) need not contain the information specified in paragraphs 3, 9, 10, 17 or 23-25 of Schedule 1.

(3) Proposals published under section 10 to establish a school within section 10(2A)(b) (proposals to establish a pupil referral unit) need not contain the information specified in paragraphs 3, 10, 11, 13, 15 or 23-25 of Schedule 1.

(4) Proposals published under section 10 to establish a community or community special school need not contain the information specified in paragraph 3 of Schedule 1.

(5) Proposals published under section 10 to establish a community special or foundation special school need not contain the information specified in paragraph 10 of Schedule 1.^F44]

Information to be contained in proposals under section 11

^F459. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Manner in which proposals under [^F46section 10^F46] are to be published_I9

10.[^F47—(1) In respect of their own proposals under section 10, the local authority must publish the proposals on their website.^F47]

(2) In respect of proposals under [^F48section 10 by persons other than a local authority,^F48] the proposers must—

(a)publish the proposals on a website; [^F49and^F49]

^F50(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)within one week from the date of publication under paragraph (2)(a)

[^F51 (i)^F51] submit a copy of the proposals to the local authority which it is proposed would maintain the school [^F52; and

(ii)notify the local authority of the website where the proposals have been published.^F52]

(3) Any publication under paragraphs (1) or (2) must contain a statement detailing—

(a)how copies of the proposals may be obtained;

(b)that any person may object to or comment on the proposals and the address of the local authority to which any objections or comments should be sent; and

(c)the date (in accordance with regulation 13) by which such objections or comments must be [^F53received^F53] .

(4) Within one week of the date of publication under paragraphs (1) or (2)(a) the local authority or proposers (as the case may be) must send a copy of the proposals together with the statement published under paragraph (3) to—

(a)the Secretary of State;

(b)the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local authority;

(c)the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local authority; and

(d)any other body or person that the local authority or the proposers (as the case may be) think appropriate.

(5) Within one week of receiving a request for a copy of the proposals the local authority or proposers (as the case may be) must send a copy to the person requesting it.

[^F54 (6) The local authority must publish on their website the address of the website of which they have been notified under paragraph (2)(c)(ii) within one week of that notification.^F54]

PART 4 Proposals for Discontinuance of Schools

Information to be contained in proposals for discontinuance of schools_I10

11. Discontinuance proposals must contain the information specified in Schedule 2.

Publication and submission of discontinuance proposals_I11

12.[^F55—(1) In respect of proposals under section 15(1), the local authority must publish the proposals on their website.^F55]

[^F56 (1A) In respect of proposals published under section 15(2)—

(a)the governing body must publish the proposal on a website and notify the local authority who maintain the school of the address of that website;

(b)no later than two weeks after the local authority have been notified of the address of the website under paragraph (a), the local authority must publish that address on their website.^F56]

(2) Any publication under paragraph (1)(a) [^F57or (1A)(a)^F57] must contain a statement detailing—

(a)how copies of the proposals may be obtained;

(b)that any person may object to or comment on the proposals and the address of the local authority to which any objections or comments should be sent; and

(c)the date (in accordance with regulation 13) by which such objections or comments must be sent.

^F58(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The local authority must on the date of publication under paragraph (1)(a) submit to the governing body of the school a copy of their published proposals.

(5) Within one week of the date of publication the local authority or governing body (as the case may be) must send a copy of the proposals together with the statement published under paragraphs (1) and (2) to—

(a)the Secretary of State;

(b)the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local authority;

(c)the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local authority;

(d)where the school is a special school, the parents of every registered pupil at the school; and

(e)any other body or person that the local authority or the governing body (as the case may be) think appropriate.

(6) Within one week of receiving a request for a copy of the proposals the local authority or the governing body (as the case may be) must send a copy to the person requesting it.

PART 5 Consideration of proposals by a local authority [^F59, by the Secretary of State^F59] or by the schools adjudicator

[^F60Referral to the Secretary of State

A13.—(1) In cases where the local authority are required to refer a proposal to the Secretary of State under paragraph 10 of Schedule 2 to the Act, they must make the referral within two weeks of the end of the representation period.

(2) At the time a proposal under section 7 is referred to the Secretary of State, the local authority must notify the Secretary of State of any proposal under section 10 or 15 which appears to the local authority to be related to the proposal under section 7.

(3) In cases where the local authority have referred a proposal under section 7 to the Secretary of State, the local authority must notify the Secretary of State of any proposal under section 10 or 15 which appears to the local authority to be related to the proposal under section 7.

(4) Where a referral to the Secretary of State has been made under paragraphs 10 or 12 of Schedule 2 to the Act, the local authority must notify the following of the referral—

(a)the proposers;

(b)the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local authority;

(c)the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local authority;

(d)any other body or person that the local authority think appropriate.^F60]

Objections and comments_I12

^F61,F6313.—(1) Where the local authority are to consider the proposals under paragraph 8 of Schedule 2 to the Act, ... the adjudicator is to consider proposals under paragraph 10 of Schedule 2 [^F62or the Secretary of State is to consider the proposals under paragraphs 10 or 12 of Schedule 2^F62] , any person may send objections or comments in relation to proposals published in accordance with sections 7, 10, ... or 15 to the local authority within four weeks of—

(a)^F64the date of publication of the proposals; ...

^F64(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F65(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F66(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F67 (4) Within two weeks of the end of the representation period, the local authority must forward any objections or comments which they have received under paragraph (1)—

(a)in cases where proposals have been referred to the adjudicator in accordance with paragraph 10 of Schedule 2 to the Act, to the adjudicator;

(b)in cases where the local authority are to consider the proposals under paragraph 8 of Schedule 2 to the Act or proposals have been referred to the Secretary of State in accordance with paragraphs 10 or 12 of Schedule 2 to the Act, to the Secretary of State.

(5) Within two weeks of the end of the representation period, the local authority must forward any objections or comments of their own in relation to the proposals—

(a)in cases where proposals have been referred to the adjudicator in accordance with paragraph 10 of Schedule 2 to the Act, to the adjudicator;

(b)in cases where proposals have been referred to the Secretary of State in accordance with paragraphs 10 or 12 of Schedule 2 to the Act, to the Secretary of State.^F67]

^F68Period in which proposals are to be determined under paragraph ... 8(4) of Schedule 2 to the Act_I13

14.[^F69 In cases where paragraph 13(1)(a) and (b) of Schedule 2 to the Act applies, the^F69] local authority must determine whether to give approval under paragraph [^F708(4)^F70] of Schedule 2 to the Act within two months of the end of the representation period.

Period in which proposals are to be determined under paragraph 19 of Schedule 2 to the Act_I14

15. The local authority’s determination under paragraph 19(1)(13) of Schedule 2 to the Act must be made within two months of the end of the representation period.

Conditional approvals

^F7116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time limits for local authority referrals to adjudicator prior to determination_I15

17.—(1)[^F72 In cases where the local authority are required to refer a proposal to the adjudicator^F72] under paragraph 10 of Schedule 2 to the Act[^F73 they must make the referral^F73] within two weeks of the end of the representation period.

(2) In cases where the local authority are required to refer proposals to the adjudicator under paragraph 13(14) of Schedule 2 (duty to refer where determination delayed) to the Act, they must do so within one week of the end of the two month period referred to in regulation [^F7414^F74] .

Referrals to the adjudicator at the request of a relevant person_I16

18.—(1) A request by a relevant person under paragraph 14(1)(15) of Schedule 2 to the Act that proposals determined by the local authority be referred to the adjudicator must be made within four weeks of the date [^F75the relevant person was notified of the decision under regulation 20(2)^F75] .

(2) The local authority’s referral under paragraph 14(1) of Schedule 2 to the Act together with any reasons given by the authority for their determination must be made within one week of receipt of a request submitted in accordance with paragraph (1).

(3) A referral made under paragraph 14(1 of Schedule 2 to the Act must include any objections or comments in relation to the proposals received by the local authority together with minutes of the meeting at which the proposals were considered and any papers considered by the authority at that meeting.

Duty to refer related proposals_I17

19.—(1) Subject to paragraph (2), a reference by the local authority under paragraph 15 of Schedule 2 (duty to refer related proposals) to the Act must be made within the same period referred to in paragraph (1) or (2) of regulation 17 as applicable.

(2) Where there is more than one period for referring proposals under paragraph 15 of Schedule 2 to the Act, the period for referring the proposals is the latest period for referring any of the proposals as referred to in paragraph (1) or (2) of regulation 17 as applicable.

Notification of determinations_I18

^F7720.—(1) The local authority must publish on their website a decision under paragraph 8 or a determination under paragraph 21(3) of Schedule 2 to the Act within [^F76two weeks^F76] of making the decision or determination ....

[^F78 (1A) The local authority must publish on their website a decision of the Secretary of State made under paragraph 8 within two weeks of receipt of the decision from the Secretary of State.^F78]

^F80(2)[^F79 Within one week of publication under paragraph (1), the^F79] local authority must notify the following persons of a decision under paragraph 8 or a determination under paragraph 21(3) of Schedule 2 to the Act ...—

^F81(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the proposers;

(c)the Secretary of State;

(d)the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local authority;

(e)the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local authority; and

(f)any other body or person that the local authority think appropriate.

[^F82 (2A) Within one week of the date of publication under paragraph (1A), the local authority must notify the following persons of the decision of the Secretary of State—

(a)the proposers;

(b)the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the local authority;

(c)the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local authority; and

(d)any other body or person that the local authority think appropriate.^F82]

(3) In the case of any determination made by a local authority pursuant to paragraph 19 of Schedule 2 to the Act, the local authority must notify the governing body of the school which is the subject of the proposals and the Secretary of State.

(4) The local authority must notify the persons referred to in sub-paragraphs (b) to [^F83(e)^F83] of paragraph (2) if they refer any proposals or matter to the adjudicator under paragraph 10, 11 or 13(16) of Schedule 2 to the Act or pursuant to a direction under paragraph 12 of that Schedule.

^F84(5) The adjudicator must notify the persons referred to in sub-paragraphs (b) and (c) of paragraph (2) and the local authority of the adjudicator’s decision in relation to a referred proposal or matter, ....

(6) The local authority or the adjudicator (as the case may be) must notify the proposers or the local authority (as the case may be) of any further proposals referred to the local authority or the adjudicator (as the case may be) which appear to relate to the original proposals for the purposes of paragraph 9(2)(17) of Schedule 2 to the Act.

Publication of revocation proposals_I19

21.—(1)[^F85 Subject to paragraph (1A),^F85] Schedule 3 has effect for the purpose of applying, with modifications where specified, provisions of Part 1 of Schedule 2 to the Act in relation to revocation proposals.

[^F86 (1A) In relation to revocation proposals which relate to proposals published under section 7—

(a)paragraph 4 of Schedule 3 does not have effect for the purpose of applying paragraph 13 of Schedule 2 to the Act;

(b)paragraph 5 of Schedule 3 does not have effect for the purpose of applying paragraph 14 of Schedule 2 to the Act.^F86]

(2) Revocation proposals must contain—

(a)^F87a description of the original proposals as published in accordance with sections 7, 10 ... or 15;

(b)the date of publication of the original proposals;

(c)details of who published the original proposals; and

(d)a statement as to why it is proposed that, in accordance with paragraph 21(3) of Schedule 2 (duty to implement proposals) to the Act, paragraph 21(1) of that Schedule should not apply in relation to the original proposals.

(3) The local authority or the proposers (as the case may be) must publish—

(a)^F88the revocation proposals on a website; ...

^F88(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any publication under paragraph (3) must contain a statement detailing—

(a)how copies of the revocation proposals may be obtained;

(b)that any person may object to or comment on the revocation proposals and the address of the local authority to which any objections or comments should be submitted; and

(c)the date by which such objections or comments must be submitted.

(5) A proposer must submit their revocation proposals to the local authority that maintain the school within one week of the date of publication.

(6) Within one week of the date of publication the local authority or the governing body (as the case may be) must send a copy of the proposals together with the statement published under paragraph (4) to—

(a)the Secretary of State; and

(b)any other body or person that the local authority or the governing body (as the case may be) think appropriate.

(7) Within one week of receiving a request for a copy of the proposals the local authority or the governing body (as the case may be) must send a copy to the person requesting it.

(8) Where the initial decision in relation to the original proposals was made by the adjudicator, the local authority must refer the revocation proposals, together with any objections or comments in relation to them to the adjudicator, within two weeks of the end of the period for making objections and comments set out in paragraph 5(18) of Schedule 2 to the Act as modified by Schedule 3 to these Regulations.

[^F89 (9) Where the initial decision in relation to the original proposals was made by the Secretary of State, the local authority must refer the revocation proposals, together with any objections or comments in relation to them to the Secretary of State, within two weeks of the end of the period for making objections and comments set out in paragraph 5 of Schedule 2 to the Act as modified by Schedule 3 to these Regulations.^F89]

Modifying proposals or specifying a later date for a conditional approval_I20

22.—(1) In relation to paragraph 21(2) of Schedule 2 (power to modify proposals or specify a later date in respect of conditional approval) to the Act, the local authority must refer to the adjudicator cases where the initial decision in relation to the original proposals was made by the adjudicator, within two weeks of receipt of the request from the proposers, or the decision of the local authority (as the case may be).

(2) Where proposals are modified under paragraph 21(2)(a) of Schedule 2 to the Act, the local authority or the adjudicator (as the case may be) must notify the Secretary of State within one week of the date of the proposals being modified.

[^F90 (3) In relation to paragraph 21(2) of Schedule 2 to the Act, the local authority must refer to the Secretary of State cases—

(a)where the initial decision in relation to the original proposals was made by the Secretary of State, within two weeks of receipt of the request from the proposers;

(b)where the original proposal was made by the local authority, within two weeks of the decision that a determination under paragraph 21(2) of Schedule 2 to the Act should be made.

(4) Within the period of one week beginning with the date on which a decision under paragraph 21(2) of Schedule 2 is made by a local authority, the local authority must notify that decision to the Secretary of State and the proposers of the proposal to which that decision relates.

(5) Within the period of one week beginning with the date on which a local authority is notified of the Secretary of State’s decision in relation to a case referred to the Secretary of State under paragraph (3), the local authority must notify the proposers of the proposal to which that decision relates of that decision.^F90]

References to the adjudicator at the request of a relevant person after determination under paragraph 21(4) of Schedule 2 to the Act_I21

23. Where a reference is made under paragraph 14 of Schedule 2 to the Act as modified by Schedule 3, then within the time specified under paragraph 14(1) of Schedule 2 as modified by Schedule 3 the local authority must send to the adjudicator—

(a)any objections or comments in relation to the proposals;

(b)minutes of the meeting at which the proposals published under paragraph 21(4) of Schedule 2 to the Act were considered; and

(c)any papers considered by the local authority at that meeting.

Schools established outside the area of the relevant local authority_I22

24.—(1) Part 1 of Schedule 4 has effect for specifying the modifications to which section 7 and Schedule 2 to the Act are to be subject where proposals published under section 7 relate to a school which is proposed to be situated in an area other than that of the local authority which published the notice.

^F91,F92(2) Part 2 of Schedule 4 has effect for specifying the modifications to which section 10 ... and Schedule 2 to the Act are to be subject where proposals published under section 10 ... relate to a school which it is proposed be established in an area other than that of the local authority which it is proposed should maintain the school.

Regulation 5

[^F93Schedule A1 Information to be included in a specification for a new school

Part 1 Information about the new school

Reason for the new school

1. A statement explaining why the new school should be established.

Special educational needs

2. A summary of the local authority’s strategy for children with special educational needs and disabilities and how the establishment of the school is compatible with that strategy.

Geographical area

3. A statement describing the geographical area where the majority of the children who are likely to be admitted to the school reside.

Funding

4. The funding that will be made available for the establishment of the school, including the funding that will be made available prior to the opening of the school.

Part 2 Requirements for the new school

Mainstream, special or alternative provision school

5. Whether the school should be a mainstream school, special school or alternative provision school.

Location

6. The location of the site or sites including, where appropriate, the postal address or addresses.

7. The current ownership and tenure (freehold or leasehold) on which the site will be held, and if the site will be held on a lease, details of the proposed lease.

Ethos and religious character

8. A short statement setting out the ethos which the local authority desire the school to have, any religious character which the local authority desire the school to have and any philosophy the local authority desire the school to adhere to.

Pupil admissions

9. The age range and sex of pupils for whom provision should be made at the school, including whether the school should include provision for pupils below compulsory school age and whether the school should provide sixth form education.

10. The maximum number of pupils for whom provision should be made at the school.

11. The expected admission number for the school year in which the school is to open.

12. The expected annual increase in the number of pupils for whom provision is to be made at the school.

Special educational needs provision: mainstream schools

13. Whether the school should have provision that is recognised by the local authority as reserved for children with special educational needs and if so, the type of special educational needs.

Special educational needs provision: special schools

14. The type or types of special educational needs or disabilities for which the school should make provision.

15. The number of places for pupils with special educational needs which are expected to be commissioned by local authorities and the local authorities by whom places are expected to be commissioned.

Travel

16. The expected arrangements for travel of pupils to the school.

Opening date

17. The date on which the local authority desire that the school will open.

Facilities

18. Whether the local authority desires that the school’s facilities be made available for community use.

Alternative provision schools

19. The arrangements which the alternative provision school should have for—

(a)the referral of pupils to the school; and

(b)the transition of pupils from the school to a mainstream school or, in the case of pupils who have reached the end of Key Stage 4, to education destinations, apprenticeships, employment or other destinations.

20. The type or types of placements which the alternative provision school should offer, including whether the placements should be full time or part time and whether they should be long term or short term.

21. The support which the management committee of the pupil referral unit or the proprietor of the alternative provision Academy should provide to pupils and staff at mainstream schools.

Part 3 Interpretation of Schedule

22. In this Schedule—

“ admission number ” means the number of pupils in any relevant age group admitted to a school in a school year;

“ Key Stage 4 ” means the fourth key stage, within the meaning of section 82 of the Education Act 2002 . ^F93]

[^F95 Regulation 8^F95]

SCHEDULE 1 ^F94Information to be included in section 10 ... proposals to establish a new school

Contact details_I23

1. The name and contact address of the local authority or the proposers (as the case may be).

Implementation_I24,I25

2. The date on which it is proposed that the school be opened or, where it is proposed that the opening be implemented in stages, the dates of and information about each stage.

3.[^F96 A^F96] statement as to whether the proposals are to be implemented by the local authority or by the proposers, and if the proposals are to be implemented by both,

(a)a statement as to the extent that they are to be implemented by each body, and

(b)a statement as to the extent to which the capital costs of implementation are to be met by each body.

Reason for the new school_I26

4. A statement explaining the reason why the new school is considered necessary and whether it is to replace an existing school or schools.

Category_I27

^F995. The category of school that it is proposed be established (a foundation or foundation special school and, if so, whether it is to have a foundation, a voluntary [^F97aided or voluntary controlled^F97] school, a community or community special school, [^F98a pupil referral unit^F98] or a local authority maintained nursery school) ....

Ethos and religious character_I28,I29

6. A short statement setting out the proposed ethos of the school [^F100, any religious character which the school is to have and any philosophy^F100] the school will adhere to.

^F1017. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. Where [^F102the statement mentioned in paragraph 6 sets out^F102] —

(a)^F103... a religious character, evidence of the demand in the area for education in accordance with the tenets of the religion; or

(b)^F104... a particular philosophy, evidence of the demand for education in accordance with that philosophy that is not already met in other maintained schools or Academies in the area.

Pupil numbers and admissions_I30

9. The numbers (distinguishing between compulsory and non-compulsory school age pupils), age range, sex, and special educational needs of pupils (distinguishing between boarding and day pupils) for whom provision is to be made at the school [^F105and whether the school is to provide sixth form education^F105] .

Admission arrangements_I31

10.[^F106 The^F106] proposed admission arrangements and over-subscription criteria [^F107which, subject to any contrary arrangements being determined pursuant to regulations made under section 72 of SSFA 1998, the school will have^F107] including, where the school is proposed to be a foundation or voluntary school which is to have a religious character—

(a)the extent to which priority for places is proposed to be given to children of the school’s religion or religious denomination; and

(b)the extent, if any, to which priority is to be given to children of other religions or religious denominations or to children having no religion or religious denomination.

Early years provision_I32

11. Where the proposals are to include provision for pupils [^F108below compulsory school age^F108] —

(a)details of how the early years provision will be organised, including the number of full-time and part-time pupils, the number of places, the number and length of sessions in each week, and the services for disabled children that will be offered;

^F109(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F109(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F109(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F109(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sixth form provision

^F11012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special educational needs provision_I33,I34,I35

13. Whether the school will have provision that is recognised by the local authority as reserved for children with special educational needs and, if so, the nature of such provision.

14. Details of [^F111how the school will be inclusive of pupils with special educational needs.^F111]

15. Where the school will replace existing educational provision for children with special educational needs—

(a)a statement on how the proposer believes the proposal is likely to lead to improvements in the standard, quality and range of educational provision for these children;

^F112(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Single sex school_I36

16. Where the school is to admit pupils of a single sex—

(a)evidence of local demand for single sex education and how this will be met if the proposals are approved; and

(b)a statement giving details of the likely effect the new school will have on the balance of provision of single sex education in the area.

Curriculum_I37

17. Confirmation that the school will meet the general requirements in relation to the curriculum contained in section 78 of EA 2002(19) and an outline of any provision that will be in addition to the basic curriculum required by section 80 of EA 2002(20), in particular any 14-19 vocational education.

Relevant experience of proposers_I38

18. Evidence of any relevant experience in education held by the proposers including details of any involvement in the improvement of standards in education.

Effects on standards and contributions to school improvement

^F11319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Location and costs_I39

20. A statement about—

(a)the area or particular community or communities which the new school is expected to serve;

(b)the location of the site or sites including, where appropriate, the postal address or addresses;

(c)the current ownership and tenure (freehold or leasehold) on which the site will be held, and if the site is to be held on a lease, details of the proposed lease;

(d)whether the site is currently used for the purposes of another school and if so why the site will no longer be required by the other school;

(e)the estimated capital costs of providing the site and how those costs will be met (including the extent to which the costs are to be met by the proposers and the local authority) and how the proposers intend to fund their share of the costs of implementing the proposals (if any);

(f)whether planning permission is needed under the Town and Country Planning Act 1990, and when it is anticipated that it will be obtained;

(g)confirmation from the Secretary of State or local authority (as the case may be) that funds will be made available (including costs to cover any necessary site purchase).

Travel_I40

21. The proposed arrangements for travel of pupils to the school.

Federation_I41

22. Details of any proposals for the school to be established as a federated school.

Voluntary aided schools_I42

23. Where the school is to be a voluntary aided school—

(a)details of the trusts on which the site is to be held; and

(b)confirmation that the governing body will be able and willing to carry out their obligations under Schedule 3 to SSFA 1998.(21)

Foundation schools_I43

24. Where the school is to be a foundation or foundation special school, confirmation as to—

(a)whether it will have a foundation and if so, the name or proposed name of the foundation;

(b)the rationale for the foundation and the particular ethos that it will bring to the school;

(c)the details of membership of the foundation, including the names of the members;

(d)the proposed constitution of the governing body; and

(e)details of the foundation’s charitable objects.

Independent schools entering the maintained sector_I44

25. Where a school is an independent school entering the maintained sector—

^F114(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a statement as to whether the premises will meet the requirements of the School Premises (England) Regulations 2012(22) and, if not,

(i)details of how the premises are deficient; and

(ii)details of how it is intended to remedy the deficiency.

Regulation 11

SCHEDULE 2 Information to be included in discontinuance proposals

Contact details_I45

1. The name and contact address of the local authority or governing body publishing the proposals and the name, address and category of the school it is proposed that should be discontinued.

Implementation_I46

2. The date on which it is proposed to close the school or, where it is proposed that the closure be implemented in stages, the dates of and information about each stage.

Reason for closure_I47

3. A statement explaining the reason why closure of the school is considered necessary.

Pupil numbers and admissions_I48

4. The numbers (distinguishing between compulsory and non-compulsory school age pupils), age range, sex, and special educational needs of pupils (distinguishing between boarding and day pupils) for whom provision is currently made at the school.

Displaced pupils_I49,I50,I51

5. A statement and supporting evidence about the need for school places in the area including whether there is sufficient capacity to accommodate displaced pupils.

6. Details of the schools or further education colleges at which pupils at the school to be discontinued will be offered places, including—

(a)any interim arrangements;

(b)the provision that is to be made for those pupils who receive educational provision recognised by the local authority as reserved for children with special educational needs; and

(c)in the case of special schools, the alternative provision made by local authorities other than the local authority which maintain the school.

7. Details of any other measures proposed to be taken to increase the number of school or further education college places available in consequence of the proposed discontinuance.

Impact on the community_I52

8. A statement and supporting evidence about the impact on the community of the closure of the school and any measures proposed to mitigate any adverse impact.

Rural primary schools_I53

9. Where proposals relate to a rural primary school designated as such by an order made for the purposes of section 15, a statement that the local authority or the governing body (as the case may be) considered section 15(4).

Balance of denominational provision_I54

10. Where the school has a religious character, a statement about the impact of the proposed closure on the balance of denominational provision in the area and the impact on parental choice.

Maintained nursery schools_I55

11. Where proposals relate to the discontinuance of a maintained nursery school, a statement setting out—

(a)the local authority’s assessment of the quality and quantity of the alternative provision compared to the school proposed to be discontinued and the proposed arrangements to ensure the expertise and specialism continues to be available; and

(b)the accessibility and convenience of replacement provision for local parents.

Sixth form provision_I56

12. Where the school proposed to be discontinued provides sixth form education, the effect for 16 to 19 year olds in the area that the closure will have in respect of—

(a)their educational or training achievements;

(b)their participation in education or training; and

(c)the range of educational or training opportunities available to them.

Special educational needs provision_I57

13. Where existing provision that is recognised by the local authority as reserved for pupils with special educational needs is being discontinued, a statement as to how the local authority or the governing body (as the case may be) believe the proposals are likely to lead to improvements in the standard, quality and/or range of the educational provision for these children.

Travel_I58,I59

14. Details of length and journeys to alternative provision.

15. The proposed arrangements for travel of displaced pupils to other schools including how the proposed arrangements will mitigate against increased car use.

Regulation 21

SCHEDULE 3 Modification of provisions of Part 1 of Schedule 2 to the Act, applying to revocation proposals published under paragraph 21(4) of that Schedule _{I60,I61,I62,I63,I64}

^F1151. Paragraph 1 has effect as if in sub-paragraph (1) for “published under section 7,10 ... or 15” there were substituted “published under paragraph 21(4) of this Schedule”.

2. Paragraph 2 has effect as if after paragraph 2(b) there were inserted—

“(c)in the case of proposals published under paragraph 21(4)—

(i)in the case of original proposals under section 7, the local authority which published the notice under that section, and

(ii)in the case of original proposals under section 10 ^F116... or 15, the local authority which maintain the school (or in the case of a new school) which it is proposed should maintain the school.”.

3. Paragraph 5 has effect as if for it there were substituted—

“5. Any person may object to or comment on proposals published under paragraph 21(4), and such objections and comments must be sent to the relevant authority within four weeks of the date of publication of such proposals.”.

4. Paragraph 13 has effect as if for it there were substituted—

“13.—(1) Where the relevant authority determine proposals published under paragraph 21(4), any determination must be made within two months of the end of the period for making objections and comments as prescribed in paragraph 5.

(2) If the authority does not make a determination within the time specified in sub-paragraph (1), they must refer the proposals to the adjudicator within one week of the end of that period.”.

5. Paragraph 14 has effect as if for [^F117sub-paragraph (1)^F117] there were substituted—

“14.—(1) The relevant authority must, if so requested by any relevant person within four weeks of the date of notification of the determination set out in regulations made under paragraph 20, refer to the adjudicator within one week of the date on which they received notice of a request for a referral, any proposals under paragraph 21(4) which the relevant authority have determined under paragraph 21(3), together with any reasons given by the authority for their determination.”.

Regulation 24

SCHEDULE 4 Modification of [^F118sections 7 and 10^F118] of and Schedule 2 to the Act, where schools established outside of area of relevant local authority

PART 1 Proposals published under section 7 where school is to be established in area other than that of local authority that published the notice _{I65,I66,I67,I68,I69}

1. In relation to proposals published under section 7 which relate to a school which is proposed to be situated in an area other than that of the local authority which published the notice under section 7, section 7 and Schedule 2 to the Act have effect with the following modifications.

2. After section 7(4) insert—

“(4A) In cases where the notice published by the local authority in accordance with section 7(1) specifies that the proposed school is to be situated in an area other than their own (“notice specific cases”), the local authority (“Local Authority A”) must send complete copies of all published proposals that have not been withdrawn to the local authority for the area in which it is proposed that the school will be situated (“Local Authority B”).

(4B) In cases where the notice published by the local authority pursuant to section 7(1) does not so specify that the proposed school is to be situated in an area other than their own, but a proposer includes this in his proposals (“non-notice specific cases”), the local authority (“Local Authority A”) must send a copy of the proposals published by that proposer to the local authority for the area in which it is proposed that the school will be situated (“Local Authority B”).”.

3. For paragraph 8(3) of Schedule 2 to the Act substitute the following—

“(3) Local Authority A may, after seeking and obtaining the recommendation of Local Authority B unless Local Authority B have failed to reach a decision on what recommendation to give—

(a)reject all the proposals;

(b)approve any of the proposals without modification; or

(c)approve any of the proposals with such modifications as the authority think desirable after consulting the body which published the proposals.”.

4. After paragraph 8(3) of Schedule 2 to the Act insert—

“(3A) Local Authority A—

(a)in notice specific cases, must send copies of all objections and comments received in accordance with regulations made in accordance with paragraph 5(a) together with the proposals they send in accordance with section 7(4A) to Local Authority B within one week from the expiry of the time period specified in regulations for the making of objections and comments on the proposals; and

(b)in non-notice specific cases, must send copies of any objections and comments received in accordance with regulations made in accordance with paragraph 5(a) in respect only of the proposals sent by the local authority under section 7(4A) to Local Authority B.

^F119(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

5. After paragraph 8(6) of Schedule 2 to the Act insert the following—

“(6A) Where under sub-paragraph (3), the recommendation of Local Authority B is sought, Local Authority B in deciding what recommendation to give, must have regard to any guidance given from time to time by the Secretary of State.”.

PART 2 ^F120Proposals published under section 10 ... where school is to be established in area other than that of local authority which it is proposed should maintain the school _{I70,I71,I72,I73,I74}

^F1211. In relation to proposals published under section 10 ... which relate to a school which is proposed to be situated in an area other than that of the local authority which it is proposed should maintain the school, [^F122section 10^F122] , and Schedule 2 to the Act have effect in accordance with the following modifications.

2. After section 10(3) insert—

“(3A) In cases where the proposed school is to be situated in an area other than that of the local authority which it is proposed should maintain the school, the local authority which it is proposed should maintain the school (“Local Authority A”) must send a copy of the proposals to the local authority for the area in which it is proposed that the school will be situated (“Local Authority B”).”.

^F1233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. For paragraph 8(4) of Schedule 2 to the Act substitute the following—

“(4) Local Authority A may, after seeking and, unless Local Authority B have failed to reach a decision on what recommendation to give, obtaining the recommendation of Local Authority B—

(a)reject all the proposals;

(b)approve any of the proposals without modification; or

(c)approve any of the proposals with such modifications as the authority think desirable after consulting the body who published the proposals.”.

5. After paragraph 8(4) of Schedule 2 to the Act insert the following—

“(4A) Local Authority A must send copies of all objections and comments received in accordance with regulations made in accordance with paragraph 5(a) together with the proposals they send in accordance with section 10(3A) or 11(5A) as applicable to Local Authority B within one week of the expiry of the time period specified in regulations for the making of objections and comments on the proposals.

^F124(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

6. After paragraph 8(6) of Schedule 2 to the Act insert the following—

“(6A) Where under sub-paragraph (4), the recommendation of Local Authority B is sought, Local Authority B in deciding what recommendation to give, must have regard to any guidance given from time to time by the Secretary of State.”.