Education Act 2005

School Standards and Framework Act 1998 (c. 31)

13 (1) Schedule 6 to the School Standards and Framework Act 1998 (statutory proposals: procedure and implementation) is amended as follows.

(2) In paragraph 1(1), after “28,” insert “28A”.

(3) In paragraph 2(1), after “28,” insert “28A,”.

(4) In paragraph 3—

(a) in sub-paragraph (1), after “28,” insert “28A,”,

(b) after sub-paragraph (6C) insert—

“(6D) If by the end of such period as may be specified in regulations, the committee have not determined whether to give any approval under this paragraph, they shall refer the proposals to the adjudicator.”, and

(c) in sub-paragraph (8), after “28,” insert “28A,”.

(5) In paragraph 4—

(a) in sub-paragraph (1), after “28,” insert “28A,”,

(b) in sub-paragraph (3)—

(i) omit paragraph (d), and

(ii) for paragraph (h) substitute—

“(h) a direction under paragraph 3(2) or 4(2) of Schedule 11 to the Education Act 2005.”, and

(c) in sub-paragraph (4)(a), for “paragraph 8 or 9 of Schedule 7” substitute “paragraph 9 or 11 of Schedule 11 to the Education Act 2005”.

(6) In paragraph 5—

(a) in sub-paragraph (1)(a) and (4), after “28,” insert “28A,”,

(b) after sub-paragraph (6A) insert—

“(6B) If by the end of such period as may be specified in regulations, the committee have not decided any matter falling to be decided by them under this paragraph, they shall refer the proposals to the adjudicator.”, and

(c) in sub-paragraph (10), for “shall be regarded as requiring a fresh approval” substitute “fall to be considered afresh by the committee”.

(7) In paragraph 10(7), for “shall be regarded as requiring a fresh approval” substitute “fall to be considered afresh by the Secretary of State”.

(8) In paragraph 12(2), after “section 28(1)” insert “, 28A(1)”.

(9) In paragraph 13—

(a) in sub-paragraph (2), after “section 28(1)” insert “, 28A(1)”.

(b) for sub-paragraph (3) substitute—

“(3) Where the proposals were published—

(a) under section 28(2) or 28A(2), by promoters, or

(b) under section 28(2), by the governing body,

they shall be implemented by the local education authority and by the promoters or (as the case may be) the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.”

(10) In paragraph 14(3), after “section 28(2)” insert “or 28A(2)”.