EDUCATION, ENGLAND Citation, commencement and application 1 These Regulations may be cited as the Education (Additional Secondary School Proposals) Regulations 2003 and shall come into force on 1st June 2003. Interpretation 2 1 In these Regulations— “ the Act ” means the Education Act 2002; “the 1998 Act ” means the School Standards and Framework Act 1998 ; “adjudicator” means a person appointed under section 25 of the 1998 Act; “local education authority” means a local education authority in England; “pupil places” means the number of places (whether planned or actual) available within the age range of the school. “sixth form education” means full-time secondary education suitable to the requirements of pupils over compulsory school age and any reference to section 70 or Schedule 8 is a reference to that section of, or Schedule to, the Act. Information to be contained in a notice inviting proposals 3 Notices published under section 70(1) inviting proposals for the establishment of a school shall specify the matters specified in Schedule 1 to these Regulations (in addition to the matters referred to in section 70(3) (a) and (b)). Interval which must elapse before proposals must be sent to the local education authority 4 For the purposes of section 70(3) (b) the prescribed interval is an interval of two months from the date of the publication of the notice inviting proposals. Manner of publication of a notice inviting proposals 5 1 This regulation prescribes for the purposes of section 70(3) (d) the manner in which notices published under section 70(1) shall be published. 2 Notices inviting proposals for the establishment of a school shall be published— a in at least one newspaper circulating in the area to be served by the school; b by being sent to any local education authority likely to be affected by the proposals; c by being sent to the Secretary of State; d by being sent to— i any Diocesan Board of Education for a diocese of the Church of England which is comprised in the area of the local education authority; ii any Bishop of a Roman Catholic Church diocese which is comprised in the area of the local education authority; and iii any other person or organisation that has previously expressed an interest in writing to the authority in setting up an additional secondary school to serve pupils in the area; e by being sent to the Learning Skills Council for England if it is intended that the school should provide sixth form education; f by being sent to the adjudicator; g by being sent to any other body or organisation that in the opinion of the local education authority is likely to be interested in the notice; and h by being posted in a conspicuous place in the area to be served by the school. Information to be contained in proposals made in response to a notice 6 Proposals made by a promoter pursuant to a notice published under section 70(1) shall contain the information specified in Part 1 of Schedule 2. Information to be contained in proposals published by the local education authority 7 Proposals published by the local education authority under section 70(5) (b) shall contain the information specified in Part 2 of Schedule 2. Manner in which the local education authority shall publish details of the proposals that it has received from promoters or made itself 8 1 This regulation prescribes for the purposes of section 70(6) (a) the manner in which the local education authority shall publish proposals submitted by promoters or proposals of their own. 2 The local education authority shall— a if it has received proposals from a promoter, publish details of the matters referred to in paragraphs 1 to 17 in Part 1 of Schedule 2 (except details of the matters referred to in paragraph 6(b) to (d) relating to each proposal that it has received); b if it has itself made proposals, publish details of the matters referred to in paragraphs 26 to 35 in Part 2 of Schedule 2 (except details of the matters referred to in paragraph 31(b) to (d) relating to those proposals); and c publish details of where complete copies of the proposals can be inspected in at least one newspaper circulating in the area to be served by the school and in a conspicuous place in the area to be served by the school. 3 The local education authority must make available for inspection by members of the public at the offices of the authority, and any other place that it considers to be appropriate, complete copies all of the proposals. 4 The local education authority shall send copies of the proposals– a to any local education authority likely to be affected by the proposals; b to— i any Diocesan Board of Education for a diocese of the Church of England which is comprised in the area of the local education authority, ii any bishop of a Roman Catholic Church diocese which is comprised in the area of the local education authority, and iii any other person or organisation that has previously expressed an interest in writing to the authority in setting up a new secondary school to serve pupils in the area; c to the Learning Skills Council for England if the proposals include the provision of sixth form education. Objections and Comments 9 Any person may object to or comment on proposals published in accordance with Regulation 8 and such objections or comments shall be sent to the local education authority within six weeks after the date of publication of the proposals. Submission of proposals to the school organisation committee 10 The local education authority shall send copies of the published proposals and any objections or comments received in accordance with regulation 9 to the school organisation committee within one week after the end of the time-period specified in regulation 9. Consideration of proposals by the school organisation committee 11 The school organisation committee shall consider and comment on the proposals, and any objections to or comments on the proposals made in accordance with regulation 9, within six weeks of receipt from the local education authority. Consultation by the school organisation committee 12 1 Before considering proposals for the establishment of an additional secondary school the school organisation committee shall, where they consider it appropriate to do so, request the comments of such persons as they consider appropriate and the promoters or, where the local education authority has published proposals of its own, the local education authority on the comments and objections that they have received. 2 When requesting comments under this regulation the committee shall specify the date when the comments shall be received by the committee and the date when the proposals will be considered, and in specifying such dates shall have regard to the requirement of regulation 14(2) that the proposals shall be forwarded to the Secretary of State within six weeks of receipt of the proposals by the local education authority. Matters that the school organisation committee must have regard to 13 The school organisation committee shall have regard to any guidance provided by the Secretary of State when considering proposals for the establishment of an additional secondary school. Submission of proposals to the Secretary of State 14 1 In this regulation references to a group of members of a school organisation committee shall be construed in accordance with the Education (School Organisation Committees) (England) Regulations 1999 . 2 The school organisation committee shall send to the Secretary of State within six weeks of receipt of the published proposals from the local education authority – a a copy of any objections or comments received pursuant to regulation 9; b a copy of all the published proposals sent to them pursuant to regulation 10; c any comments received by the committee during the consultation undertaken pursuant to regulation 12; and d the committee’s comments on the proposals including, details of the level of support each proposal received from the committee as a whole and from each group on the committee. Withdrawal of proposals 15 1 Promoters may withdraw their proposals at anytime before the Secretary of State approves any proposal to establish a community, foundation or voluntary school or enters into an agreement under section 482 of the Education Act 1996 for the establishment of an Academy by notifying in writing the local education authority that published the notice pursuant to section 70(1). 2 If the local education authority receives notification in writing that the promoters wish to withdraw their proposals it shall submit a copy of the notification to any person that it considers it appropriate to send a copy to and– a the school organisation committee, b the adjudicator, and c the Secretary of State. 3 The local education authority may withdraw its proposals at anytime before the Secretary of State approves any proposal to establish a community, foundation or voluntary school or enters into an agreement under section 482 of the Education Act 1996 for the establishment of an Academy by notifying— a any promoters that made proposals in response to the notice made pursuant to section 70(1) who have not withdrawn their proposals; b the school organisation committee and c the Secretary of State. Modification of approved proposals 16 1 This regulation prescribes for the purpose of paragraph 5(2) (a) and (b) of Schedule 8 the persons– a at whose request the Secretary of State may modify approved proposals to establish a community, foundation or voluntary school; and b at whose request the Secretary of State may, where approval was given in accordance with paragraph 3(2) of Schedule 8 (approval expressed to take effect only if an event specified in the approval occurs by a date specified), specify a later date by which the event in question must occur. 2 The persons prescribed are the promoters or the local education authority who made the proposals and, where the proposals were made by promoters, the local education authority who it is proposed should maintain the school. Consultation required before modifying proposals or removing the duty to implement proposals 17 1 For the purposes of paragraphs 3(1)(c) and 5(2)(a) of Schedule 8, before modifying proposals the Secretary of State shall consult the promoters or the local education authority who made the proposals and where the proposals are to establish an additional foundation or voluntary school, the local education authority that it is proposed should maintain the school. 2 For the purposes of paragraph 5(3) of Schedule 8 before removing the requirement to implement proposals the Secretary of State shall consult the promoters who made the proposals and where the proposals are to establish a new foundation or voluntary school, the local education authority that it is proposed should maintain the school. David Miliband Minister of State, Department for Education and Skills 1st May 2003