The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013

• Citation: S.I. 2013/3109
• Sections: 80

Section 1 Citation and commencement

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

Section 2 Interpretation

(1) In these Regulations—

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

“ EA 1996 ” means the Education Act 1996 ;

“ EA 2002 ” means the Education Act 2002 ;

“Accessibility Strategy” has the meaning given by paragraph 1 of Schedule 10 to the Equality Act 2010 ;

“competition notice” means a notice published under section 7 inviting proposals from persons other than local authorities for the establishment of any new school falling within section 7(2);

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

“Early Years Foundation Stage” has the meaning given in section 39 of the Childcare Act 2006 ;

“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 ;

“special educational needs” has the meaning given by section 312(1) of EA 1996 ;

“special school” means a community special or a foundation special school; and

“ 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 .

Section 3 Revocations and saving provisions

(1) The following are revoked—

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

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

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

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

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

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

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

(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).

Section 4 Prescribed interval after which a competition notice may specify a date for the submission of proposals

For the purposes of section 7(3)(c), the prescribed interval is an interval of four weeks from the date of publication of the competition notice.

Section 5 Competition notices and manner of publication

(1) A competition notice must include an explanation of the competition procedure, including the effect of paragraphs 5A and 7A of Schedule 2 to the Act.

(2) The local authority must publish—

(a) the competition notice on their website;

(b) notification of the competition (including the address of the website where the notice is published) in a national newspaper covering education issues and in a local newspaper.

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

(4) Within one week of the date of publication of the competition 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.

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

Section 6 Proposals made pursuant to a competition notice

Proposals made pursuant to a competition notice must contain—

(a) information corresponding to the matters specified in the competition notice;

(b) an explanation of any differences between the information in the proposal and the matters specified in the competition notice; and

(c) a statement describing the type, character (including any religious character), ethos and admission arrangements of the proposed school.

Section 7 Manner in which proposals are to be published

(1) The local authority must publish on their website the proposals submitted to them pursuant to section 7 and include a statement detailing how copies of the published proposals may be obtained.

(2) Where the local authority are to consider non-Academy proposals under paragraph 8 of Schedule 2 to the Act, or the adjudicator is to consider proposals under paragraph 10 of that Schedule, the local authority must publish on their website—

(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 sent.

(3) Within one week of the date of a publication under paragraph (2) the local authority must send a copy of any non-Academy 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.

Section 8 Information to be contained in proposals under section 10

Proposals published under section 10(1) and 10(2) must contain the information specified in Schedule 1.

Section 9 Information to be contained in proposals under section 11

(1) Subject to paragraph (2), proposals published under section 11(A2), (A3), (1), (1A) and (2) must contain the information specified in Schedule 1.

(2) Proposals published under section 11(1) (proposals to establish a new maintained nursery school) need not contain the information specified in paragraphs 7, 8, 10, 12, 18, 23, 24, and 25 of Schedule 1.

Section 10 Manner in which proposals under sections 10 and 11 are to be published

(1) In respect of their own proposals under sections 10(1), 11(A2), (A3) or (1), the local authority must publish—

(a) the proposals on their website; and

(b) a notification of the proposals (including the address of the website where the proposals are published) in a local newspaper.

(2) In respect of proposals under sections 10(2), 11(1A) or (2), the proposers must—

(a) publish the proposals on a website;

(b) publish a notification of the proposals (including the address of the website where the proposals are published) in a local newspaper; and

(c) within one week from the date of publication under paragraph (2)(a) submit a copy of the proposals to the local authority which it is proposed would maintain the school.

(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 sent.

(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.

Section 11 Information to be contained in proposals for discontinuance of schools

Discontinuance proposals must contain the information specified in Schedule 2.

Section 12 Publication and submission of discontinuance proposals

(1) In respect of proposals under section 15(1) or (2), the local authority or the governing body (as the case may be) must publish—

(a) the proposals on a website; and

(b) a notification of the proposals (including the address of the website where the proposals are published) in a local newspaper.

(2) Any publication under paragraph (1)(a) 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.

(3) On the date of publication under paragraph (1)(a), the governing body must submit to the local authority that maintains the school a copy of their published proposals.

(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.

Section 13 Objections and comments

(1) Where the local authority are to consider the proposals under paragraph 8 of Schedule 2 to the Act, or the adjudicator is to consider proposals under paragraph 10 of Schedule 2, any person may send objections or comments in relation to proposals published in accordance with sections 7, 10, 11 or 15 to the local authority within four weeks of—

(a) the date of publication of the proposals; or

(b) in relation to proposals published in accordance with section 7 where there are Academy and non-Academy proposals, the date on which a statement is published in accordance with regulation 7(2) in respect of the non-Academy proposals.

(2) In cases where proposals have been referred to the adjudicator in accordance with paragraph 10 of Schedule 2 to the Act, the local authority must forward any objections or comments which they have received under paragraph (1) to the adjudicator within two weeks of the end of the representation period.

(3) In cases where proposals have been referred to the adjudicator in accordance with paragraph 10 of Schedule 2 to the Act, the local authority may forward any objections or comments of their own in relation to any of the proposals to the adjudicator within two weeks of the end of the representation period.

Section 14 Period in which proposals are to be determined under paragraph 8(3) and 8(4) of Schedule 2 to the Act

The local authority must determine whether to give approval under paragraph 8(3) or (4) of Schedule 2 to the Act within two months of the end of the representation period.

Section 15 Period in which proposals are to be determined under paragraph 19 of Schedule 2 to the Act

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

Section 16 Conditional approvals

(1) The events listed in paragraph (2) are the prescribed events that may be specified in an approval given under paragraph 8(5) of Schedule 2 to the Act.

(2) The prescribed events are—

(a) the grant of planning permission under Part 3 of the Town and Country Planning Act 1990 ;

(b) the acquisition of the site on which the new school is to be constructed;

(c) the acquisition of playing fields to be provided for the school;

(d) the securing of any necessary access to a site referred to in sub-paragraph (b) or playing fields referred to in sub-paragraph (c);

(e) the entering into an agreement for any necessary building project supported by the Department for Education;

(f) the making of any scheme relating to any charity connected with the school;

(g) the establishment of any foundation meeting the requirements of section 23A of SSFA 1998 ;

(h) the formation of any federation (within the meaning of section 24(2) of EA 2002 ) of which it is intended that the proposed school should form part, or the fulfilling of any other condition relating to the proposed school forming part of a federation;

(i) in the case of maintained schools which are not special schools, the agreement to any change to admission arrangements of any other school or schools specified in the approval;

(j) in the case of a proposal under sections 7, 10 or 11 for a maintained school or maintained special school, the decision of the Secretary of State not to enter into any agreement under section 1 of the Academies Act 2010 for the establishment of an Academy;

(k) in the case of discontinuance proposals, the entering into any agreement under section 1 of the Academies Act 2010 for the establishment of an Academy;

(l) in the case of discontinuance proposals, the agreement of the Secretary of State to extend or enlarge an existing Academy;

(m) in the case of proposals to establish a maintained school in place of an existing independent school, the securing of approval by the Secretary of State to relax the requirements of the School Premises (England) Regulations 2012 as provided for by section 543(1) of EA 1996 ;

(n) in the case of proposals to establish any other maintained school, the securing of approval by the Secretary of State to relax the requirements of the School Premises (England) Regulations 2012 in respect of school playing fields as provided for by section 543 (1) of EA 1996;

(o) in the case of proposals whose funding is dependent upon capital receipts from the disposal of any school land or buildings, the securing of consent from the Secretary of State for the disposal as provided for by paragraph 2 of Schedule 1 to the Academies Act 2010 or section 77 of SSFA 1998 , or determination in accordance with Schedule 22 to SSFA 1998 as applicable;

(p) in the case of proposals to establish a maintained school, the Secretary of State making a direction under section 90 of EA 2002 that the National Curriculum for England shall not apply or shall apply with modifications;

(q) in the case of discontinuance proposals, the decision of the Secretary of State to establish a new further education college under section 16 of the Further and Higher Education Act 1992 ; and

(r) where the proposals in question depend upon any of the events prescribed in sub-paragraphs (a) to (q) occurring by a specified date in relation to proposals relating to any other school or proposed school, the occurrence of such an event.

Section 17 Time limits for local authority referrals to adjudicator prior to determination

(1) The local authority must refer to the adjudicator any proposals under paragraph 10 of Schedule 2 to the Act 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 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 15.

Section 18 Referrals to the adjudicator at the request of a relevant person

(1) A request by a relevant person under paragraph 14(1) 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 of the notification of the determination.

(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.

Section 19 Duty to refer related proposals

(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.

Section 20 Notification of determinations

(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 one week of making the decision or determination and in both cases publish their reasons.

(2) The 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 together with their reasons—

(a) the adjudicator;

(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.

(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 (d) of paragraph (2) if they refer any proposals or matter to the adjudicator under paragraph 10, 11 or 13 of Schedule 2 to the Act or pursuant to a direction under paragraph 12 of that Schedule.

(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, together with reasons for the decision.

(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) of Schedule 2 to the Act.

Section 21 Publication of revocation proposals

(1) 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.

(2) Revocation proposals must contain—

(a) a description of the original proposals as published in accordance with sections 7, 10, 11 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) the revocation proposals on a website; and

(b) a notification of the revocation proposals (including the address of the website where the proposals are published) in a local newspaper.

(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 of Schedule 2 to the Act as modified by Schedule 3 to these Regulations.

Section 22 Modifying proposals or specifying a later date for a conditional approval

(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.

Section 23 References to the adjudicator at the request of a relevant person after determination under paragraph 21(4) of Schedule 2 to the Act

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.

Section 24 Schools established outside the area of the relevant local authority

(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.

(2) Part 2 of Schedule 4 has effect for specifying the modifications to which section 10 and 11 and Schedule 2 to the Act are to be subject where proposals published under section 10 or 11 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.

Section 1 Contact details

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

Section 2 Implementation

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.

Section 3 Implementation

Where the proposals are to establish a voluntary, foundation or foundation special school, a 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.

Section 4 Reason for the new school

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

Section 5 Category

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 school, a community or community special school, or a local authority maintained nursery school) and, if required by section 10, a statement that the Secretary of State’s consent has been obtained to publish the proposals.

Section 6 Ethos and religious character

A short statement setting out the proposed ethos of the school, including details of any educational philosophy, which it is proposed that the school will adhere to.

Section 7 Ethos and religious character

If it is proposed that the school is to have a religious character, confirmation of the religion or religious denomination in accordance with whose tenets religious education will, or may be required to be provided at the school; and a statement that the proposers intend to ask the Secretary of State to designate the school as a school with such a religious character.

Section 8 Ethos and religious character

Where it is proposed that the school—

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

(b) adheres to 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.

Section 9 Pupil numbers and admissions

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.

Section 10 Admission arrangements

Except in relation to proposals for special schools, the proposed admission arrangements and over-subscription criteria for the new school 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.

Section 11 Early years provision

Where the proposals are to include provision for pupils aged two to five—

(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;

(b) how the school will integrate the early years provision with childcare services, and how the proposals for the establishment of the school are consistent with the integration of early years provision with childcare;

(c) evidence of parental demand for additional provision of early years provision;

(d) assessment of capacity, quality and sustainability of provision in schools, and in settings outside of the maintained school sector which deliver the Early Years Foundation Stage within three miles of the school; and

(e) the reasons why schools and settings outside the maintained school sector which deliver the Early Years Foundation Stage within three miles of the school and which have spare capacity, cannot make provision for any forecast increase in the numbers of such children.

Section 12 Sixth form provision

Where it is proposed that the school will provide sixth form education, how for 16 to 19 year olds in the area the proposals will—

(a) improve the educational or training achievements;

(b) increase participation in education or training; and

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

Section 13 Special educational needs provision

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.

Section 14 Special educational needs provision

Details of the proposed policy of the school relating to the education of pupils with special educational needs.

Section 15 Special educational needs provision

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;

(b) details of the improvements that the proposals will bring in respect of—

(i) access to education and associated services including the curriculum, wider school activities, facilities and equipment with reference to the local authority’s Accessibility Strategy;

(ii) access to specialist staff, both education and other professionals, including any external support or outreach services;

(iii) access to suitable accommodation; and

(iv) supply of suitable places.

Section 16 Single sex school

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.

Section 17 Curriculum

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

Section 18 Relevant experience of proposers

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

Section 19 Effects on standards and contributions to school improvement

Information and supporting evidence on—

(a) how the school will contribute to enhancing the diversity and quality of education in the area; and

(b) how the school will contribute to school improvement.

Section 20 Location and costs

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).

Section 21 Travel

The proposed arrangements for travel of pupils to the school.

Section 22 Federation

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

Section 23 Voluntary aided schools

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.

Section 24 Foundation schools

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.

Section 25 Independent schools entering the maintained sector

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

(a) a statement that the requirements of section 11(3) are met;

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

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

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

Section 1 Contact details

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.