The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013

• Citation: S.I. 2013/3110
• Sections: 100

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013 and come into force on 28th January 2014.

(2) These Regulations apply in relation to England only.

Section 2 Interpretation

(1) In these Regulations—

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

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

“the Constitution Regulations ” means the School Governance (Constitution) (England) Regulations 2012 ;

“change of category to foundation” has the meaning set out in regulation 3;

“Early Years Foundation Stage” means the learning and development requirements specified by the Secretary of State by order and the welfare requirements specified by the Secretary of State by regulations both made under section 39 of the Childcare Act 2006 ;

“foundation” has the meaning set out in section 21(3) of SSFA 1998;

“foundation body” means a body corporate established under section 21 of SSFA 1998 ;

“foundation proposals” has the meaning set out in regulation 3;

“further education institution” means an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992 );

“grammar school” has the same meaning as in section 104(7) of SSFA 1998;

“implementation date” means the date approved or specified by the governing body, local authority or adjudicator (as the case may be) as the date on which it is intended that the change which falls to be implemented, should take place;

“lower age limit” in relation to a school means the lower age of pupils for whom education is normally provided at the school;

“mainstream school” means a maintained school which is not a special school;

“playing fields” has the meaning set out in section 77 of SSFA 1998 (control of disposals or changes in use of school playing fields);

“relevant change” has the meaning set out in regulation 3;

“representation period” means the period prescribed in these Regulations in which objections or comments in relation to the proposals must be made;

“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question;

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

...

“special school” has the same meaning as in section 337 of the Education Act 1996 ;

“sponsor governor” means a person who is nominated as a sponsor governor and is appointed as such by the governing body in accordance with Schedule 5 to the School Governance (Constitution) Regulations 2007 ;

“transferor” and “transferee” mean the transferor and transferee under any transfer to which these Regulations apply;

“trustees of the school” means any persons (other than the governing body) holding property on trust for the purposes of the school; and

“upper age limit” in relation to a school means the highest age of pupils for whom education is normally provided at the school.

(2) In these Regulations, any reference to sections 18, 19, 20, 21, 23 or 24 is a reference to that section of the Act.

Section 3 Alterations to maintained schools by governing bodies: foundation proposals

(1) Foundation proposals are [proposals for] the alterations specified in paragraph (2) and are—

(a) prescribed under section 18 as alterations that may be implemented in respect of a community, foundation, voluntary aided, voluntary controlled or special school in pursuance of proposals published by the governing body; and

(b) in the case of a community or community special school, are designated under section 19(3) as alterations capable of being proposed by the governing body.

(2) The alterations are—

(a) a change of category (a “change of category to foundation”)—

(i) from a community, voluntary aided or voluntary controlled school to a foundation school;

(ii) from a community special school to a foundation special school;

(b) in relation to foundation and foundation special schools only, the acquisition of a foundation otherwise than under SSFA 1998;

(c) in relation to foundation and foundation special schools only, where the instrument of government of the school does not provide for a majority of the governing body to be foundation governors , any change in the instrument of government which results in the majority of governors being foundation governors (“a relevant change”).

Section 4 Other alterations to maintained schools by governing bodies

(1) The alterations specified in paragraphs 4(a), 10 and 16(e) to (f) of Schedule 2 are—

(a) prescribed under section 18 as alterations that may be implemented in respect of a community school, in pursuance of proposals published by the governing body of the school; and

(b) designated under section 19(3) as alterations capable of being proposed by that governing body.

(2) The alterations specified in paragraphs 5, 6, 7, 9, 11, 13 and 14 of Schedule 2 are—

(a) prescribed under section 18 as alterations that may be implemented in respect of a community special school or a foundation special school in pursuance of proposals published by the governing body of the school; and

(b) in the case of a community special school, designated under section 19(3) as alterations capable of being proposed by that governing body.

(3) The alterations specified in paragraphs 2 , 4, 8, 10, 11, 12(b), 12(c), 14, 15 and 16(a) to (d) of Schedule 2 are prescribed under section 18 as alterations that may be implemented in respect of a foundation or voluntary school in pursuance of proposals published by the governing body of the school.

Section 5 Alterations to maintained schools by local authorities

(1) The alterations specified in paragraphs 1, 2, 8, 11, 12, 14 and 15 of Schedule 2 are—

(a) prescribed under section 18 as alterations that may be implemented in respect of a community school in pursuance of proposals published by the local authority; and

(b) designated under section 19(2) as alterations capable of being proposed by the local authority.

(2) The alterations specified in paragraphs 5, 6, 7, 9, 11, 13 and 14 of Schedule 2 are—

(a) prescribed under section 18 as alterations that may be implemented in respect of a community special school in pursuance of proposals published by the local authority; and

(b) designated under section 19(2) as alterations capable of being proposed by the local authority.

(3) The alteration specified in paragraph 14 of Schedule 2 is—

(a) prescribed under section 18 as an alteration that may be implemented in respect of a maintained nursery school in pursuance of proposals published by the local authority; and

(b) designated under section 19(2) as an alteration capable of being proposed by the local authority.

(4) The alterations specified in paragraphs 1, 4(a), 8(a) and 8(c) of Schedule 2 are prescribed under section 18 as alterations that may be implemented in respect of a foundation or voluntary school in pursuance of proposals published by the local authority .

(5) The alterations specified in paragraphs 6 and 9 of Schedule 2 are prescribed under section 18 as alterations that may be implemented in respect of a foundation special school in pursuance of proposals published by the local authority .

Section 6 Publication, determination and implementation of proposals

(1) Part 1 of Schedule 1 sets out the information to be included in, or provided in relation to, foundation proposals.

(2) Part 2 of Schedule 1 provides for the publication, determination and implementation of foundation proposals.

(3) Schedule 3 provides for the publication, determination and implementation of proposals concerning alterations falling within Schedule 2.

(4) Schedule 4 has effect in relation to provisions relating to foundation proposals and other changes of category.

(5) Schedule 5 has effect in relation to the transfer of land where a school changes category or acquires a foundation.

Section 7 Regard to guidance

Any governing body, local authority or adjudicator (where applicable) when exercising functions under these regulations must have regard to any guidance given from time to time by the Secretary of State.

Section 8 Revocations and saving provisions

(1) The following are revoked—

(a) the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 ;

(b) regulations 17 to 25 of the School Organisation and Governance (Amendment) (England) Regulations 2007 ;

(c) regulation 6 of the School Organisation and Governance (Amendment) (England) Regulations 2009 ;

(d) regulation 23 of the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 ;

(e) Regulation 18 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 (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 continue to apply in relation to proposals published by a local authority or by a governing body under section 19 before 28th January 2014.

Section 1

All foundation proposals must include the following information—

(a) the name, address and category of the school for which the proposals are being published;

(b) the implementation date;

(c) a statement of which one of, or combinations of, the prescribed alterations in regulation 3 comprise the proposals.

Section 2

Where the prescribed alteration is a change of category to foundation, the proposals must contain the following information—

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

(b) where it is a change of category to foundation from a voluntary aided school or voluntary controlled school, a statement that, in accordance with section 20, the consent of the trustees and the persons by whom the foundation governors are appointed has been obtained; and

(c) the rationale for the change and the particular ethos that the foundation will bring to the school.

Section 3

Where the prescribed alteration is the acquisition of a foundation or a relevant change at a school for which a foundation already acts, the proposals must contain the following information—

(a) the name or proposed name of the foundation;

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

(c) the proposed constitution of the school’s governing body;

(d) the foundation’s charitable objects; and

(e) the rationale for the alteration and the particular ethos that the foundation will bring to the school.

Section 4

In addition where the relevant change relates to—

(a) a foundation school which, immediately before 25th May 2007, was a foundation school having a foundation; or

(b) a foundation school which, having been a voluntary school immediately before 25th May 2007, changed category to a foundation school on or after that date,

the proposal must include a statement that in accordance with section 20 the consent of the trustees and the persons by whom the foundation governors are appointed has been obtained.

Section 5 Manner of publication of proposals

(1) The governing body 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 sub-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 governing body to which any objections or comments should be sent; and

(c) the date (in accordance with paragraph 6) by which any such objections or comments must be sent.

(3) Within one week of the date of publication under sub-paragraph (1)(a) the governing body must send a copy of the proposals together with the statement published under sub-paragraph (2) to—

(a) the local authority;

(b) where the proposals involve, or are likely to affect, a school which has a religious character—

(i) 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;

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

(iii) the relevant faith group in relation to the school;

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

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

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

(5) Where a governing body publishes a proposal under sub-paragraph (1)(a), they must post a notification of the proposal in a conspicuous place on the school premises and at or near the main entrance to the school, or, if there is more than one main entrance, all of them.

Section 6 Objections and comments

(1) Any person may send objections or comments in relation to proposals to the governing body within four weeks of the date of publication.

(2) In cases where proposals have been referred to the adjudicator in accordance with paragraph 8 the governing body must forward any objections or comments which they have received under paragraph (1) to the adjudicator within one week of the end of the representation period.

Section 7 Governing body as decision maker

For the purposes of section 21(2)(f) the governing body of the school to which the proposals relate is prescribed as the person who (subject to paragraph 8) must consider and determine the proposals.

Section 8 Referrals to adjudicator for consideration and determination

(1) The local authority may, subject to paragraphs 9 and 10, require the governing body to refer proposals falling within sub-paragraph (2) to the adjudicator.

(2) Proposals fall within this sub-paragraph if the proposed alteration would result in a community, foundation, or voluntary controlled school, or community or foundation special school becoming either or both of the following—

(a) a foundation or foundation special school having a foundation;

(b) a foundation or foundation special school whose instrument of government provides for the majority of governors to be foundation governors.

Section 9 Referrals to adjudicator for consideration and determination

Where the local authority require a referral to the adjudicator under paragraph 8 they must do so in writing within four weeks of the date of the publication of the proposals.

Section 10

The local authority may only require that the proposals specified in paragraph 8 be referred to the adjudicator if they consider that the proposals will have a negative impact on standards at the school.

Section 11

Where the governing body are required (under paragraph 8) to refer proposals to the adjudicator, they must also send to the adjudicator within one week of the end of the representation period, a copy of the proposals and any objections or comments received.

Section 12 Withdrawal of proposals

Proposals may be withdrawn by the governing body which published the proposals provided that—

(a) such proposals are withdrawn before any determination is made;

(b) written notice of the withdrawal is given to—

(i) the local authority;

(ii) in cases where the proposals have been referred to the adjudicator, the adjudicator; and

(c) notification of the withdrawal is placed on the website where the original proposal was published.

Section 13 Consideration and determination of proposals by the governing body or adjudicator

(1) In determining proposals to which this Schedule applies the governing body may—

(a) reject the proposals;

(b) approve the proposals without modifications; or

(c) approve the proposals with such modifications as the governing body think desirable, having consulted the local authority.

(2) Where proposals are approved by the governing body (whether with or without modifications), the approval may be conditional on the occurrence of an event prescribed in paragraph 16.

(3) Any determination under sub-paragraph (1) must be made within the period of twelve months of the date of publication of the proposals.

Section 14 Consideration and determination of proposals by the governing body or adjudicator

(1) Where proposals have been referred to the adjudicator for determination pursuant to paragraphs 8 or 15, the adjudicator may—

(a) reject the proposals;

(b) approve the proposals without modifications; or

(c) approve the proposals with such modifications as the adjudicator thinks desirable, having consulted the governing body (unless they proposed the modifications).

(2) Where proposals are approved by the adjudicator (whether with or without modifications), the approval may be conditional on the occurrence of an event prescribed in paragraph 16.

Section 15 Referral to the adjudicator post determination

(1) Sub-paragraph (2) applies to proposals which relate to—

(a) a change of category from voluntary aided to foundation school, without the acquisition of a foundation or a relevant change in the instrument of government; or

(b) a change of category from voluntary aided to foundation school, together with the acquisition of a foundation or a relevant change in the instrument of government (or both).

(2) For the purposes of section 21(2)(h) the prescribed persons at whose request proposals to which this paragraph applies (after their initial determination by the governing body) must be referred to the adjudicator, are—

(a) the local authority;

(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; and

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

(3) A request under sub-paragraph (2) must be made within four weeks of the determination by the governing body.

(4) Where a request is made, the governing body must submit the proposals and any objections or comments made in relation to the proposals to the adjudicator within one week of receiving it.

Section 16 Conditional approvals

The following events are prescribed as specified events which (if the approval is expressed to take effect only if they occur) must occur by the date specified in the approval—

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

(b) the establishment of a foundation within the meaning of section 23A of SSFA 1998 .

Section 17 Provision for notification of determinations

(1) Within one week of making the determination, the governing body must notify the local authority of the decision together with reasons, which must be published on the website where the original proposal was published.

(2) In the case of any determination made by the adjudicator pursuant to paragraph 14 or 15 the adjudicator must notify the governing body and local authority of their decision together with reasons, which must be published on the website where the original proposal was published.

(3) Where any determination relates to proposals to which paragraph 15(1) applies the adjudicator must also notify the prescribed persons in paragraph 15(2) of their decision together with reasons.

Section 18 Duty to implement proposals and provide information to the Secretary of State

(1) Subject to the following provisions of this Schedule—

(a) foundation proposals must be implemented by the governing body in the form in which they were approved; and

(b) within one week of implementation, the governing body must provide information to the Secretary of State about foundation proposals that have been implemented.

(2) The information in paragraph 18(1)(b) must be provided through the Department for Education’s register of educational establishments.

(3) For the purposes of the provision of information under sub-paragraph (2), regard must be had to any guidance given from time to time by the Secretary of State.

Section 19 Revocation of proposals (after approval)

(1) If the governing body are satisfied that—

(a) implementation of the proposals would be unreasonably difficult; or

(b) circumstances have so altered since approval was given that implementation would be inappropriate,

the governing body may determine at any time before implementation that paragraph 18 (duty to implement) is to cease to apply to the proposals.

(2) The governing body may only make a determination under sub-paragraph (1) where proposals have been published by the governing body under sub-paragraph (3) (“revocation proposals”).

(3) Revocation proposals must contain—

(a) a description of the original proposals as published in accordance with section 19(3);

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

(c) a statement as to why it is proposed that, in accordance with sub-paragraph (1), paragraph 18 should not apply in relation to the original proposals.

(4) The governing body 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.

(5) Any publication under sub-paragraph (4)(a) 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 governing body to which any objections or comments should be sent; and

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

(6) Any objections or comments must be sent to the governing body within four weeks of the date of publication of the revocation proposals.

(7) The governing body must determine the revocation proposals within a period ending two months after the end of the representation period.

(8) If the governing body do not make a determination within the period specified in sub–paragraph (7) they must refer the proposals to the adjudicator within one week of the end of that period.

(9) Where the original proposals involve a change of category to a foundation school, before determining proposals under sub-paragraph (1) the governing body must consult the local authority.

(10) Sub-paragraphs (11) to (15) apply where paragraph 15(2) applies to the proposals (voluntary aided to foundation).

(11) The governing body must publish the determination on the website where the original proposal was published.

(12) The governing body must notify the following persons of the determination together with reasons—

(a) 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;

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

(c) the trustees of the school (if any).

(13) The persons at whose request revocation proposals must after their determination by the governing body be referred to the adjudicator are—

(a) 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; and

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

(14) A request under sub-paragraph (13) must be made within four weeks of the initial determination of the revocation proposals by the governing body.

(15) Where a request is made under sub-paragraph (13) the governing body must submit the revocation proposals, and any objections or comments relating to the proposals to the adjudicator within one week of receiving the request.

Section 20 Modification post-determination

(1) The governing body may, at any time after determination but before implementation modify the proposals or, where there has been a conditional approval, specify a later date by which the event specified in the approval must occur.

(2) Before modifying proposals for a change of category to a foundation school, or the acquisition of a foundation, the governing body must consult the local authority.

(3) Details of the modification must be published on the website where the original proposal was published.

Section 21 Proposals not falling to be implemented

(1) Where by virtue of paragraph 19, paragraph 18 (duty to implement) ceases to apply to any proposals, those proposals are to be treated for the purposes of this Schedule as if they had been rejected.

(2) Where a conditional approval is given, and an event specified in that approval does not occur by the required date—

(a) paragraph 18 ceases to apply to the proposals; and

(b) the proposals must be considered afresh by the governing body or adjudicator (as the case may be) and paragraphs 13 or 14 apply accordingly.

Section 1 Enlargement of premises

(1) An enlargement of the premises of the school which would increase the capacity of the school by—

(a) more than 30 pupils; and

(b) by 25% or 200 pupils (whichever is the lesser),

except where the enlargement is a temporary one, which it is anticipated will be in place for no more than three years.

(2) In this paragraph an enlargement of the premises of a school includes—

(a) the proposed enlargement; and

(b) the making permanent of any temporary enlargement.

Section 2 Alteration of upper or lower age limit of a community , voluntary or foundation school including the addition or removal of ... sixth form provision

The alteration of the upper or lower age limit of a community, voluntary or foundation school by a year or more (including the addition or removal of sixth form provision but excluding alterations to, or the addition or removal of nursery provision), except where the alteration is a temporary one which it is anticipated will be in place for no more than two years.

Section 3 Alteration of upper or lower age limits of a foundation or voluntary school

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Section 4 Alteration of upper age limit so as to add or remove a mainstream school’s sixth form

Except where the alteration is a temporary one, which it is anticipated will be in place for no more than two years—

(a) the alteration of the upper age limit of a mainstream school so as to provide sixth form education;

(b) the alteration of the upper age limit of such a school so as to remove sixth form education.

Section 5 Alteration of upper or lower age limit of a special school

The alteration of the upper or lower age limit of a special school by a year or more, except where the alteration is a temporary one, which it is anticipated will be in place for no more than two years.

Section 6 Increase in number of pupils in a special school

(1) Except where a special school is established in a hospital, any increase in the number of pupils for whom the school is organised to make provision, which would increase the number of such pupils by 10% or the relevant number of pupils (whichever is the lesser).

(2) The “relevant number of pupils” is five where the school only makes boarding provision and 20 in any other case.

Section 7 Decrease in number of pupils in a special school

Except where a special school is established in a hospital, any decrease in the number of pupils for whom the school is organised to make provision.

Section 8 Special educational needs

In relation to provision for special educational needs in a mainstream school—

(a) the establishment of a provision that is recognised by the local authority as reserved for children with special educational needs;

(b) a change in the type, or types of special educational provision that is recognised by the local authority as reserved for children with special educational needs; or

(c) the discontinuance of provision which is recognised by the local authority as reserved for children with special educational needs.

Section 9 Special educational needs

In relation to provision for special educational needs in a special school, a change in the type of special educational needs for which the school is organised to make provision.

Section 10 Grammar school admission arrangements

The revision of admission arrangements of a grammar school as is mentioned in section 109(1) of SSFA 1998.

Section 11 Co-educational or single sex provision

(1) An alteration to a school to provide that—

(a) a school which was an establishment which admitted pupils of one sex only becomes an establishment which admits pupils of both sexes; or

(b) a school which was an establishment which admitted pupils of both sexes becomes an establishment which admits pupils of one sex only.

(2) For the purposes of this paragraph a school is to be treated as an establishment which admits pupils of one sex only if the admission of pupils of the other sex is limited to pupils over compulsory school age and is a comparatively small number of pupils in the age group normally at the school.

Section 12 Boarding

In the case of mainstream schools—

(a) the introduction of boarding provision;

(b) the ending of boarding provision; or

(c) the alteration of boarding provision such that the number of pupils for whom boarding provision is made is decreased by 50 pupils or 50% (whichever is the greater).

Section 13 Boarding

In the case of special schools—

(a) the introduction or ending of boarding provision; or

(b) where the school makes provision for day pupils and boarding pupils, the alteration of boarding provision such that the number of pupils for whom boarding provision is made is increased or decreased by five pupils or more.

Section 14 Transfer to a new site

The transfer of a school to a new site except where the main entrance of the school on the proposed new site would be within two miles of the main entrance of the school on its current site (unless the school is transferring to a site within the area of another local authority).

Section 15 Discontinuance of use of a site

The discontinuance of provision at any site of a school which occupies more than one site, if the main entrance at any of the school’s remaining sites is one mile or more from the main entrance of the site use of which is to be discontinued.

Section 16 Changes of category

A change of category—

(a) from a voluntary controlled school to a voluntary aided school;

(b) from a voluntary aided school to a voluntary controlled school;

(c) from a foundation school to a voluntary controlled school;

(d) from a foundation school to a voluntary aided school;

(e) from a community school to a voluntary controlled school; or

(f) from a community school to a voluntary aided school.

Section 1 Manner of publication of proposals

(1) The proposer 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 sub-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 paragraph 2) by which such objections or comments must be sent.

(3) Within one week of the date of publication under sub-paragraph (1)(a) the proposer must send a copy of the proposals together with the statement published under sub-paragraph (2) to—

(a) the governing body or local authority (as appropriate);

(b) if proposals involve, or are likely to affect a school which has a religious character—

(i) 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;

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

(iii) the relevant faith group in relation to the school;

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

(d) any other body or person that the proposer thinks appropriate.

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

(5) Where a governing body publish a proposal under sub-paragraph (1)(a) they must post a notification of the proposal in a conspicuous place on the school premises and at or near the main entrance to the school, or, if there is more than one main entrance, all of them.

Section 2 Objections and comments

(1) Any person may send objections or comments in relation to any proposals to the local authority within four weeks from the date of publication.

(2) The representation period starts on the date of publication of the proposals and ends four weeks later.

Section 3 Local authority as decision maker

(1) For the purposes of section 21(2)(f) the local authority is prescribed as the person who (subject to the remaining provisions of this Schedule) must consider and determine the proposals.

(2) Where paragraph 11 applies (transfer to a different local authority area), the local authority referred to in sub-paragraph (1) is the local authority described in paragraph 11 as Local Authority A.

Section 4 Withdrawal of proposals

Proposals may be withdrawn by the proposer who published the proposals provided that—

(a) such proposals are withdrawn before any determination is made;

(b) written notice is given to—

(i) the governing body or local authority (as appropriate);

(ii) in cases where the proposals have been referred to the adjudicator, the adjudicator; and

(c) notification is placed on the website where the original proposal was published.

Section 5 Consideration and determination of proposals by the local authority or adjudicator

(1) In determining proposals to which this Schedule applies the local authority may—

(a) reject the proposals;

(b) approve the proposals without modifications; or

(c) approve the proposals with such modifications as the local authority think desirable, having consulted the governing body (unless the modifications are proposed by the governing body).

(2) Where proposals are approved by the local authority (whether with or without modifications), the approval may be conditional on the occurrence of an event prescribed in paragraph 8.

(3) Any determination under sub-paragraph (1) must be made within the period of two months of the end of the representation period.

(4) Where the local authority does not make a determination within the period prescribed by sub-paragraph (3), the proposals must be referred to the adjudicator.