United Kingdom Statutory Instruments

"the Act" means the Education and Inspections Act 2006;

(a) sent to any local education authority likely to be affected by the proposals;

(b) sent to the Secretary of State;

(c) sent to—


(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 education authority,

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

(iii) any other person or organisation that has expressed an interest in writing to the authority in establishing a new school to serve pupils in the area;



(d) sent to the Learning and Skills Council for England if it is intended that the school should provide 14-16 education or sixth form education;

(e) sent to the adjudicator;

(f) sent to any other body or organisation that in the opinion of the local education authority is likely to be interested in the competition notice;

(g) posted in a conspicuous place in the area to be served by the school;

(h) in cases where the proposed establishment of a school is connected with the discontinuance of another school or schools, posted at the entrance to any school or schools which is or are proposed to be discontinued; and

(i) in cases where the new school is to be a special school, sent to—



(i) the relevant Primary Care Trust for the area in which the school is to be situated, and

(ii) any NHS trust or NHS foundation trust responsible for a hospital or other provision in the area in which the school is to be situated.

(a) details of their name and a contact address;

(b) the relevant details from their proposals specified in Part 5 of Schedule 5 in relation to mainstream schools, and Part 6 of Schedule 5 in relation to special schools;

(c) details of how complete copies of the proposals can be obtained; and

(d) a statement explaining that any person may object to or comment on the proposals, including the address to which objections or comments should be sent and the date by which they must be submitted.

    (2) In respect of proposals published under section 10(2) or 11(2), the proposers must publish—

(a) the details from their proposals specified in Part 5 of Schedule 5 in relation to mainstream schools, and Part 6 of Schedule 5 in relation to special schools;

(b) details of how complete copies of the proposals can be obtained; and

(c) a statement explaining that any person may object to, or comment on, the proposals, including the address to which objections or comments should be sent and the date by which they must be submitted.

    (3) The matters specified in paragraphs (1) and (2) must be published 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.

    (4) The proposers must submit a copy of their proposals within 1 week of the date of publication to the local education authority.

    (5) Proposers or the local education authority (as the case may be) must send copies of their proposals to—

(a) any other local education authority likely to be affected by the proposals;

(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 education authority;

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

(d) the Learning and Skills Council for England if the proposals include the provision of 14-16 education or sixth form education;

(e) in cases where the proposed school is to be a special school, the relevant Primary Care Trust and NHS Trust or NHS foundation trust; and

(f) the Secretary of State

and must send a copy of their proposals to any person who requests a copy within 1 week of the date of publication.

(a) details from the proposals specified in Part 7 of Schedule 5;

(b) details of how complete copies of the proposals can be obtained; and

(c) a statement explaining that any person may object to, or comment on, the proposals, including the address to which objections or comments should be sent and the date by which they must be submitted.

    (2) The matters specified in paragraph (1) must be published in at least one newspaper circulating in the area served by the school, posted at or near the main entrance to the school, or if there is more than one entrance, all of them and posted in a conspicuous place in the area served by the school.

    (3) The governing body or local education authority (as the case may be) must send copies of all proposals to—

(a) any local education authority likely to be affected by the proposals;

(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 education authority;

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

(d) where the proposals include the provision of 14-16 education or sixth form education, the Learning and Skills Council for England;

(e) where the school is a voluntary school, foundation school or foundation special school, the trustees or the foundation body;

(f) where the relevant school is a special school,


(i) the relevant Primary Care Trust, NHS Trust or NHS foundation trust and any local education authorities which place children at that school,

(ii) the registered parents of every registered pupil at the school, and

(iii) each local education authority who maintain a statement of special educational needs under Part 4 of EA 1996 in respect of a registered pupil at the school; and



(g) the Secretary of State

and must send a copy of their proposals to any person who requests a copy.

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

    (5) The local education authority must submit a copy of their published proposals on the date of publication to the governing body of the school.

(a) the proposers or the local education authority who made the proposals;

(b) where the proposals are to establish a new foundation, foundation special or voluntary school, the local education authority who it is proposed should maintain the school;

(c) where the proposals were published by the governing body of a school, the local education authority who maintain the school; and

(d) where the proposals were published by the local education authority to discontinue a school, the governing body of the school.

(a) the location of the possible site (including details of whether the possible site is a single or split site) including, where appropriate, the postal address or addresses;

(b) the reason for the choice of site;

(c) the area or particular community or communities the school is expected to serve;

(d) the accessibility of the possible site (or, if it is a split site, the accessibility of the accommodation);

(e) the proposed arrangements for transport of pupils to the new school and a statement about other sustainable transport alternatives where pupils are not using transport provided, and how the local education authority will seek to discourage car use in the school area;

(f) the 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;

(g) the effect of paragraph 28 and paragraph 31 of Schedule 2 to the Act (that the local education authority must transfer their interest in the site, buildings or premises to the school's trustees, foundation body, or governing body);

(h) where the new school is to be established in substitution for one or more discontinued grammar schools, a statement to that effect and that the school may be designated as a grammar school for the purposes of Chapter 2 of Part 3 of SSFA 1998; and

(i) an indication of the local education authority's preference for the specialism which the school should have.

     3. The date on which the school should open and, where it is proposed that the proposals are to be implemented in stages, information about each stage and the dates on which each stage should be implemented.

     4. Information on—

(a) the number of pupil places the school should provide;

(b) the upper and lower age limits of the school;

(c) where it is intended that it should provide sixth form education, the number of pupils for whom it is intended that such education should be provided;

(d) where it is intended that it should make early years provision, the number of pupils for whom it is intended that such education should be provided;

(e) where it is intended that the school should provide for boarding pupils, the number of pupils for whom it is intended such facilities should be provided;

(f) the number of pupils to be admitted to the school in each relevant age group in the first school year in which the proposals will be implemented or, where it is intended that the proposals should be implemented in stages, the number of pupils to be admitted to the proposed school in each stage that the proposals will be implemented;

(g) whether it is proposed that the school should admit pupils of both sexes or boys or girls only and, in the case of a single sex school where it is intended to provide sixth form education, whether both sexes or boys or girls only are to be admitted to the sixth form;

(h) any extended services which the local education authority would like to see provided on the site of the school (whether by the local education authority, governing body or another party);

(i) whether the school should make provision which is recognised by the local education authority as reserved for children with special educational needs, and, if so, the range of special educational needs and the number of pupils for which provision is proposed; and

(j) the estimated capital costs of providing the school (such an estimate to be made in accordance with the guidance provided at pages 17 to 19 of Department for Education and Skills Guidance, "Education Building Projects - Information on Costs and Performance Data - Schools Building and Design Unit", (reference DfES/0288/2003 (ISBN 1 84185 950 8) issued in April 2003).

     5. A statement explaining that proposals should be in line with requirements set out in paragraph 4 above, but that proposals that do not comply with all of the requirements but meet the need for places in the area will be considered.

     6. A statement giving—

(a) the address of the local education authority; and

(b) the name of the person to whom proposals should be addressed.

(a) the location of the possible site (including details of whether the possible site is a single or split site) including, where appropriate, the postal address or addresses;

(b) the reason for the choice of site;

(c) the area or particular community or communities the school is expected to serve;

(d) the accessibility of the possible site (or, if it is a split site, the accessibility of the accommodation);

(e) the proposed arrangements for transport of pupils to the new school and a statement about other sustainable transport alternatives where pupils are not using transport provided, and how the local education authority will seek to discourage car use in the new school area;

(f) the 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; and

(g) the effect of paragraph 28 and paragraph 31 of Schedule 2 to the Act (that the local education authority must transfer their interest in the site, buildings or premises to the school's trustees, foundation body, or governing body).

     15. The date on which the school should open and, where it is proposed that the proposals are to be implemented in stages, information about each stage and the dates on which each stage should be implemented.

     16. Information on—

(a) the numbers, age range, sex and special educational needs of the pupils (distinguishing boarding and day pupils) for whom provision is proposed;

(b) details of whether it is intended that any extended services which the local education authority would like to see provided should be provided on the possible site of the school (whether by the local education authority, governing body or another party);

(c) the type or types of special educational needs for which the school will make provision; and

(d) the estimated capital costs of providing the school (such an estimate to be made in accordance with the guidance provided at pages 17 to 19 of Department for Education and Skills Guidance, "Education Building Projects - Information on Costs and Performance Data - Schools Building and Design Unit", (reference DfES/0288/2003) (ISBN 1 84185 950 8) issued in April 2003).

     17. A statement explaining that proposals should be in line with requirements set out in paragraph 16 above, but that proposals that do not comply with all of the requirements but meet the need for places in the area will be considered.

     18. A statement giving—

(a) the address of the local education authority; and

(b) the name of the person to whom proposals should be addressed.

     19. A brief statement explaining the procedure to be followed after the date when proposals must be received by the local education authority.

     20. A statement that any proposals submitted in response to a competition notice must contain the information specified in Part 2 of Schedule 2 and that the information specified in Part 4 of Schedule 5 will be published in accordance with regulation 8.

     21. A statement that the local education authority will meet the capital costs of implementing the proposals as specified in paragraph 16(d) above or, if there is an agreement made under section 106 of the Town and Country Planning Act 1990, a statement setting out the buildings to be available, and the obligations to be entered into, on completion.

     22. A statement of any resources that the local education authority will make available to secure the provision of the services specified at 16 (b) above.

     23. Where the school will replace existing educational provision for children with special educational needs, a statement setting out how the local education authority believes the new school is likely to lead to improvements in the standard, quality and/or range of the educational provision for these children.

     24. A statement to the effect that the statutory requirement to consult under section 9 (1) has been complied with, a summary of the views expressed and a statement of how full details of the consultation can be obtained.

(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.

Grammar schools
     10. Where the school is to be established in substitution for one or more discontinued grammar schools, a statement to this effect and a statement that the school may be designated as a grammar school for the purpose of Chapter 2 of Part 3 of SSFA 1998.

Schools with a religious character or particular educational philosophy – parental demand
     11. Where the school is—

(a) proposed to have a religious character, evidence of the demand in the area for education in accordance with the tenets of the religion;

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

Sixth Form Education
     12. Where it is proposed that the school will provide sixth form education, how 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,

for 16-19 year olds in the area.

Early Years Provision
     13. Where the proposals are to include provision for pupils aged between 2 and 5, the following information must be provided—

(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 the maintained school sector who deliver the Early Years Foundation Stage within 3 miles of the school; and

(e) the reasons why schools and establishments other than schools who deliver the Early Years Foundation Stage within 3 miles of the school and who have spare capacity, cannot make provision for any forecast increase in the numbers of such children.

Specialisms
     14. Whether the school will have any specialisms on implementation and whether the proposer intends to apply to the Secretary of State for the school to be a specialist school from implementation.

Effects on Standards and Contributions to School Improvement
     15. 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 help to raise the standard of education in the area and contribute to school improvement.

     16. Information and supporting evidence on how the proposals will contribute to enabling children and young people to be healthy, stay safe, enjoy and achieve, make a positive contribution to the community and society, and achieve economic well-being.

Community Cohesion
     17. The following information relating to the proposals—

(a) how the school will promote and contribute to community cohesion;

(b) how the school will increase inclusion and equality of access for all social groups; and

(c) how the school will collaborate with other schools, and in relation to secondary school proposals, how the school will collaborate with colleges and training providers.

Accommodation
     18. A statement as to whether accommodation will be adequate to meet the number of pupil places specified in paragraph 4 of Schedule 1.

Single sex or co-educational school
     19. Whether the new school will admit pupils of both sexes or boys only or girls only and, in the case of a single sex school where it is intended to provide sixth form education, whether both sexes or boys or girls only are to be admitted to the sixth form.

     20. 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 the provision of single sex education in the area.

Location
     21. Confirmation that the school will be established on the site specified in the competition notice or where that is not the case—

(a) the location of the site (including where appropriate the postal address or addresses if the school is to occupy a split site);

(b) whether the school will occupy a single or split site;

(c) the accessibility of the site (or if the school is to occupy a split site the accessibility of the accommodation);

(d) the current ownership and tenure (freehold or leasehold) of the site and the proposed use of any buildings already on the site;

(e) details of the tenure (freehold or leasehold) on which the site of the school will be held, and if the site is to be held on a lease, details of the proposed lease including details of any provisions which could obstruct the governing body or the head teacher in the exercise of any of their functions under any of the Education Acts or place indirect pressures upon funding bodies;

(f) whether the site is currently used for the purposes of another school which will no longer be required for the purposes of that school. If so, provide details as to why the site will no longer be required for the purposes of that school; and

(g) the estimated costs of providing the site and a statement about how the costs will be met.

Implementation of the proposals
     22. Confirmation that the proposals will be implemented in line with the timing in the competition notice or, if this is not the case, the date when it is planned that the proposals will be implemented, or where the proposals are to be implemented in stages, information about each stage and the date on which each stage is planned to be implemented.

     23. Where the proposals are to establish a voluntary controlled or foundation school, a statement as to whether the proposals are to be implemented by the local education 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.

Project Costs
     24. Confirmation that the proposers consider that the costs of establishing the new school can be met within the estimate of capital costs of providing the school outlined in the competition notice and, where they cannot be met within that estimate, an explanation of the reasons for the additional costs and how any shortfall will be met.

     25. A copy of a confirmation from the Secretary of State or local education authority or the Learning and Skills Council for England (as the case may be) that funds will be made available (including costs to cover any necessary site purchase).

     26. Details of how it is proposed to fund the proposer's share of the capital costs of implementing the proposals (if any).

Travel
     27. The proposed arrangements for travel of pupils to the school.

Federation
     28. Details of any proposals for the school to be federated with one or more schools (by virtue of section 24 of EA 2002 and section 12).

Curriculum
     29. Confirmation that the school will meet the general requirements in relation to 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.

Voluntary Aided Schools
     30. 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.

Staff
     31. An outline of the proposed senior staffing at the school.

Foundation Schools
     32. Where the school is to be a foundation school, confirmation as to whether the school—

(a) will have a foundation established otherwise than under SSFA 1998 and, if so, the identity of that foundation;

(b) will belong to a group of schools for which a foundation body acts under section 21 of SSFA 1998; or

(c) will not fall within paragraph (a) or (b).

     33. Where the school is to be a foundation school which has a foundation—

(a) improve the educational or training achievements;

(b) increase participation in education or training; and

(c) expand the range of educational or training opportunities,

for 16-19 year olds in the area.

Specialisms
     44. Whether the proposed school will have any specialisms on implementation and whether the promoter intends to apply to the Secretary of State for the school to be a specialist school from implementation.

Effects on Standards and Contributions to School Improvement
     45. 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 help to raise the standard of education in the area and contribute to school improvement.

     46. Information and supporting evidence on how the proposals will contribute to enabling children and young people to be healthy, stay safe, enjoy and achieve, make a positive contribution to the community and society, and achieve economic well-being.

Community Cohesion
     47. The following information relating to the proposals—

(a) how the school will promote and contribute to community cohesion;

(b) how the school will increase inclusion and equality of access for all social groups; and

(c) how the school will collaborate with other schools, colleges and training providers.

Details of the proposed school
     48. Confirmation that the details of the school (including number of pupils, age range, sex, type of special educational needs, provision for boarding if applicable) will be in line with the specification in the competition notice, or, if this is not the case, the proposed details.

Accommodation
     49. A statement as to whether accommodation will be adequate to meet the number of pupil places specified in paragraph 16 of Schedule 1.

Location
     50. Confirmation that the school will be established on the site specified in the competion notice or where that is not the case—

(a) the location of the site (including, where appropriate, the postal address or addresses if the school is to occupy a split site);

(b) whether the school will occupy a single or split site;

(c) the accessibility of the site (or if the school is to occupy a split site the accessibility of the accommodation);

(d) the current ownership and tenure (freehold or leasehold) of the site and the proposed use of any buildings already on the site;

(e) details of the tenure (freehold or leasehold) on which the site of the school will be held, and if the site is to be held on a lease, details of the proposed lease including details of any provisions which could obstruct the governing body or the head teacher in the exercise of any of their functions under any of the Education Acts or place indirect pressures upon funding bodies;

(f) whether the site is currently used for the purposes of another school which will no longer be required for the purposes of that school. If so, provide details as to why the site will no longer be required for the purposes of that school; and

(g) the estimated costs of providing the site and a statement about how the costs will be met.

Implementation of the proposals
     51. Confirmation that the proposals will be implemented in line with the timing in the competition notice or, if this is not the case, the date when it is planned that the proposals will be implemented, or where the proposals are to be implemented in stages information about each stage and the date on which each stage is planned to be implemented.

     52. Where the proposals are to establish a foundation special school, a statement as to whether the proposals are to be implemented by the local education 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.

Project Costs
     53. Confirmation that the proposers consider that the costs of establishing the new school can be met within the estimate of capital costs of providing the school outlined in the competition notice and where they cannot be met within that estimate, an explanation of the reasons for the additional costs and how any shortfall will be met.

     54. A copy of a confirmation from the Secretary of State or local education authority or the Learning and Skills Council for England (as the case may be) that funds will be made available (including costs to cover any necessary site purchase).

     55. Details of how it is proposed to fund the proposer's share of the capital costs of implementing the proposals (if any).

Travel
     56. The proposed arrangements for travel of pupils to the school.

Federation
     57. Details of any proposals for the school to be federated with one or more schools (by virtue of section 24 of EA 2002 and section 12).

Curriculum
     58. Confirmation that the school will meet the general requirements in relation to 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.

Staff
     59. An outline of the proposed senior staffing at the school.

Foundation Special Schools
     60. Where the school is to be a foundation special school, confirmation as to whether the school—

(a) will have a foundation established otherwise than under SSFA 1998 and, if so, the identity of that foundation;

(b) will belong to a group of schools for which a foundation body acts under section 21 of SSFA 1998; or

(c) will not fall within sub-paragraph (a) or (b).

     61. Where the school is to be a foundation special school which has a foundation—

(a) the name of the foundation where known;

(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 entitlement to appoint charity trustees and the number of trustees to be appointed;

(e) the proposed constitution of the governing body;

(f) details of the foundation's charitable objects;

(g) where the majority of governors are to be foundation governors, a statement that a parent council will be established in accordance with section 23A of EA 2002;

(h) a statement that the requirements set out in the School Organisation (Requirements as to Foundations) (England ) Regulations will be met;

(i) a statement of how the foundation will contribute to the advancement of education at the school and how it is envisaged it will help to raise standards; and

(j) a statement of how the foundation will contribute to the advancement of community cohesion and the impact the foundation will have on the diversity of school provision in the area.

Relevant experience of proposers
     62. Evidence of any relevant experience in education held by the proposer, or proposers (other than a local authority), including details of any involvement in the improvement of standards in education.

Specific educational benefits
     63. Details of the specific educational benefits that will flow from the proposals in terms of—

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

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

(c) improved access to suitable accommodation; and

(d) improved supply of suitable places.

(a) a list of persons and/or parties who were consulted;

(b) minutes of all public consultation meetings;

(c) the views of the persons consulted; and

(d) copies of all consultation documents and a statement of how these were made available.

Objectives
     6. The objectives of the proposal.

Extended Services
     7. Information on the extended services which it is envisaged will be provided on the site of the school.

Pupil numbers and admissions
     8. Information on—

(a) the number of pupil places the school should provide;

(b) the upper and lower age limits of the school;

(c) where it is intended that it should provide sixth form education, the number of pupils for whom it is intended that such education should be provided;

(d) where it is intended that it should provide nursery education, the number of pupils for whom it is intended that such education should be provided;

(e) where it is intended that the school should provide for boarding pupils, the number of pupils for whom it is intended such facilities should be provided;

(f) the number of pupils to be admitted to the school in each relevant age group in the first school year in which the proposals will be implemented or, where it is intended that the proposals should be implemented in stages, the number of pupils to be admitted to the proposed school in each stage that the proposals will be implemented;

(g) whether it is proposed that the school should admit pupils of both sexes or boys or girls only and, in the case of a single sex school where it is intended to provide sixth form education, whether both sexes or boys or girls only are to be admitted to the sixth form.

Ethos/Religious Character
     9. A short statement suitable for publication setting out the proposed ethos of the school, including details of any educational philosophy, which it is proposed that the school will adhere to.

     10. If 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.

Area or community that school serves
     11. The area or particular community or communities which the new school is expected to serve.

Admission Arrangements
     12. An indication of 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 or Academy 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.

Grammar schools
     13. Where the school is to be established in substitution for one or more discontinued grammar schools, a statement to this effect and a statement that the school may be designated as a grammar school for the purpose of Chapter 2 of Part 3 of SSFA 1998.

Schools with a religious character or particular educational philosophy – parental demand
     14. Where the school is—

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

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

Sixth Form Education
     15. Where it is proposed that the school will provide sixth form education, how 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,

for 16-19 year olds in the area.

Early Years Provision
     16. Where the proposals are to include provision for pupils aged between 2 and 5, the following information must be provided—

(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 who deliver the Early Years Foundation Stage within 3 miles of the school; and

(e) the reasons why schools and settings outside the maintained school sector who deliver the Early Years Foundation Stage within 3 miles of the school and who have spare capacity, cannot make provision for any forecast increase in the numbers of such children.

Specialisms
     17. Whether the school will have any specialisms on implementation and whether the promoter intends to apply to the Secretary of State for the school to be a specialist school from implementation.

Effects on Standards and Contributions to School Improvement
     18. 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 help to raise the standard of education in the area and contribute to school improvement.

     19. Information and supporting evidence on how the proposals will contribute to enabling children and young people to be healthy, stay safe, enjoy and achieve, make a positive contribution to the community and society, and achieve economic well-being.

Community Cohesion
     20. The following information relating to the proposals—

(a) how the school will promote and contribute to community cohesion;

(b) how the school will increase inclusion and equality of access for all social groups; and

(c) how the school will collaborate with other schools, and in relation to secondary school proposals how the new school will collaborate with colleges and training providers.

Single sex or co-educational school
     21. 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 alteration will have on the balance of provision of single sex education in the area.

Location
     22. A statement about—

(a) the location of the site (including, where appropriate, the postal address or addresses if the school is to occupy a split site);

(b) whether the school will occupy a single or split site;

(c) the accessibility of the site (or if the school is to occupy a split site the accessibility of the accommodation);

(d) the current ownership and tenure (freehold or leasehold) of the site and the proposed use of any buildings already on the site;

(e) details of the tenure (freehold or leasehold) on which the site of the school will be held, and if the site is to be held on a lease, details of the proposed lease including details of any provisions which could obstruct the governing body or the head teacher in the exercise of any of their functions under any of the Education Acts or place indirect pressures upon funding bodies;

(f) whether the site is currently used for the purposes of another school which will no longer be required for the purposes of that school. If so, provide details as to why the site will no longer be required for the purposes of that school; and

(g) the estimated costs of providing the site and a statement about how the costs will be met.

Implementation
     23. The date when it is planned that the proposals will be implemented, or where the proposals are to be implemented in stages, information about each stage and the date on which each stage is planned to be implemented.

     24. Where the proposals are to establish a voluntary controlled or foundation school, a statement as to whether the proposals are to be implemented by the local education 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.

Project Costs
     25. A statement of the estimated capital cost of the proposals and the extent to which the costs are to be met by the proposers and/or the local education authority.

     26. A copy of a confirmation from the Secretary of State or local education authority or the Learning and Skills Council for England (as the case may be) that funds will be made available (including costs to cover any necessary site purchase).

     27. Details of how it is proposed to fund the proposer's share of the capital costs of implementing the proposals (if any).

Travel
     28. The proposed arrangements for travel of pupils to the school.

Federation
     29. Details of any proposals for the school to be federated with one or more schools (by virtue of section 24 of EA 2002 and section 12).

Curriculum
     30. Confirmation that the school will meet the general requirements in relation to 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.

Voluntary aided schools
     31. In addition, 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 governing body will be able and willing to carry out their obligations under Schedule 3 to SSFA 1998.

Staff
     32. An outline of the proposed senior staffing at the new school.

Foundation Schools
     33. Where the school is to be a foundation school, confirmation as to whether the new school—

(a) will have a foundation established otherwise than under SSFA 1998 and, if so, the identity of that foundation;

(b) will belong to a group of schools for which a foundation body acts under section 21 of SSFA 1998; or

(c) will not fall within sub-paragraph (a) or (b).

     34. Where the school is to be a foundation school which has a foundation—

(a) the name of the foundation where known;

(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 entitlement to appoint charity trustees and the number of trustees to be appointed;

(e) the proposed constitution of the governing body;

(f) details of the foundation's charitable objects;

(g) where the majority of governors are to be foundation governors, a statement that a parent council will be established in accordance with section 23A of EA 2002;

(h) a statement that the requirements set out in the School Organisation (Requirements as to Foundations) (England ) Regulations will be met;

(i) a statement of how the foundation will contribute to the advancement of education at the school and how it is envisaged it will help to raise standards; and

(j) a statement of how the foundation will contribute to the advancement of community cohesion and the impact the foundation will have on the diversity of school provision in the area.

Special educational benefits
     35. Information as to whether the school will have provision that is recognised by the local education authority as reserved for children with special educational needs and, if so, the nature of such provision and the proposed number of pupils for whom such provision is to be made.

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

     37. 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/or range of educational provision for these children;

(b) Details of the specific educational benefits that will flow from the proposals in terms of—


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

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

(iii) improved access to suitable accommodation; and

(iv) improved supply of suitable places.

Relevant experience of proposers
     38. Evidence of any relevant experience in education held by the proposer, or proposers (other than a local authority) including details of any involvement in the improvement of standards in education.

Planning permission
     39. Where the establishment of the new school involves development for the purpose of the Town and Country Planning Act 1990, a statement as to whether planning permission has been obtained and, if it has not been obtained, details of when it is anticipated that it will be obtained

Independent schools entering the maintained sector
     40. A statement that the requirements of section 11 (3) are met

     41. A statement as to whether the premises will meet the requirements of the Education (School Premises) Regulations 1999 and, if not,

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

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

(a) a list of persons and/or parties who were consulted;

(b) minutes of all public consultation meetings;

(c) the views of the persons consulted; and

(d) copies of all consultation documents and a statement of how these were made available.

Objectives
     47. The objectives of the proposal.

Extended Services
     48. Information on the extended services which it is envisaged will be provided on the site of the school.

Ethos/Religious Ethos
     49. A short statement suitable for publication setting out the proposed ethos of the school, including details of any educational philosophy, which it is proposed that the school will adhere to.

     50. If 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

Pupil numbers and special educational needs provision
     51. Information as to the numbers, age range, sex and special educational needs provision of the pupils (distinguishing boarding and day pupils) for whom provision is proposed.

Area or community that school serves
     52. The area or particular community or communities the school is expected to serve.

Provision for 16-19 year olds
     53. Where it is proposed that the school will provide education for 16-19 year olds, how 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,

for 16-19 year olds in the area.

Specialisms
     54. Whether the school will have any specialisms on implementation and whether the promoter intends to apply to the Secretary of State for the new school to be a specialist school from implementation.

Effects on Standards and Contributions to School Improvement
     55. 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 would help to raise the standard of education in the area and contribute to school improvement.

     56. Information and supporting evidence on how the proposals will contribute to enabling children and young people to be healthy, stay safe, make a positive contribution to the community and society and achieve economic well-being.

Community Cohesion
     57. The following information relating to the proposals—

(a) how the school will promote and contribute to community cohesion;

(b) how the school will increase inclusion and equality of access for all social groups; and

(c) how the school will collaborate with other schools, colleges and training providers.

Location
     58. Information on the following—

(a) the location of the site (including, where appropriate, the postal address or addresses if the school is to occupy a split site);

(b) whether the school will occupy a single or split site;

(c) the accessibility of the site (or if the school is to occupy a split site the accessibility of the accommodation);

(d) the current ownership and tenure (freehold or leasehold) of the site and the proposed use of any buildings already on the site;

(e) details of the tenure (freehold or leasehold) on which the site of the school will be held, and if the site is to be held on a lease, details of the proposed lease including details of any provisions which could obstruct the governing body or the head teacher in the exercise of any of their functions under any of the Education Acts or place indirect pressures upon funding bodies;

(f) whether the site is currently used for the purposes of another school which will no longer be required for the purposes of that school. If so, provide details as to why the site will no longer be required for the purposes of that school; and

(g) the estimated costs of providing the site and a statement about how the costs will be met.

Implementation
     59. The date when it is planned that the proposals will be implemented, or where the proposals are to be implemented in stages, information about each stage and the date on which each stage is planned to be implemented.

     60. Where the proposals are to establish a foundation special school a statement as to whether the proposals are to be implemented by the local education 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.

Project Costs
     61. A statement of the estimated capital cost of the proposals and the extent to which the costs are to be met by the proposers and/or the local education authority.

     62. A copy of a confirmation from the Secretary of State or local education authority or the Learning and Skills Council for England (as the case may be) that funds will be made available (including costs to cover any necessary site purchase).

     63. Details of how it is proposed to fund the proposer's share of the capital costs of implementing the proposals (if any).

Travel
     64. The proposed arrangements for travel of pupils to the school.

Federation
     65. Details of any proposals for the school to be federated with one or more schools (by virtue of sections 24 of EA 2002 and section 12).

Curriculum
     66. Confirmation that the school will meet the general requirements in relation to 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.

Staff
     67. An outline of the proposed senior staffing at the school.

Foundation Schools
     68. Where the school is to be a foundation special school, confirmation as to whether the school—

(a) will have a foundation established otherwise than under SSFA 1998 and, if so, the identity of that foundation;

(b) will belong to a group of schools for which a foundation body acts under section 21 of SSFA 1998; or

(c) will not fall within sub-paragraph (i) or (ii).

     69. Where the school is to be a foundation special school which has a foundation—

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

(b) the name of the foundation where known;

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

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

(e) the entitlement to appoint charity trustees and the number of trustees to be appointed;

(f) the proposed constitution of the governing body;

(g) details of the foundation's charitable objects;

(h) where the majority of governors are to be foundation governors, a statement that a parent council will be established in accordance with section 23A of EA 2002;

(i) a statement that the requirements set out in the School Organisation (Requirements as to Foundations) (England ) Regulations will be met;

(j) a statement of how the foundation will contribute to the advancement of education at the school and how it is envisaged it will help to raise standards; and

(k) a statement of how the foundation will contribute to the advancement of community cohesion and the impact the foundation will have on the diversity of school provision in the area.

Relevant experience of proposers
     70. Evidence of any relevant experience in education held by the proposer or proposers (other than a local authority), including details of any involvement in the improvement of standards in education.

Planning permission
     71. Where the establishment of the new school involves development for the purpose of the Town and Country Planning Act 1990, a statement as to whether planning permission has been obtained and, if it has not been obtained, details of when it is anticipated that it will be obtained.

Specific educational benefits
     72. Details of the specific educational benefits that will flow from the proposals in terms of—

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

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

(c) improved access to suitable accommodation; and

(d) improved supply of suitable places.

Independent schools entering the maintained sector
     73. A statement that the requirements of section 11 (3) are met

     74. A statement as to whether the premises will meet the requirements of the Education (School Premises) Regulations 1999 and, if not,

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

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

(a) a list of persons and/or parties who were consulted;

(b) minutes of all public consultation meetings;

(c) the views of the persons consulted; and

(d) copies of all consultation documents and a statement of how these were made available.

Objectives
     5. The objectives of the proposal.

Standards and Diversity
     6. A statement and supporting evidence indicating how the proposals will impact on the standards, diversity and quality of education in the area.

Provision for 16 -19 year olds
     7. Where the school proposed to be discontinued provides sixth form education, how the proposals will impact on—

(a) the educational or training achievements;

(b) participation in education or training; and

(c) the range of educational or training opportunities,

for 16-19 year olds in the area.

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

     9. 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.

Current School Information
     10. Information as to the numbers, age range, sex and special educational needs of pupils (distinguishing between boarding and day pupils) for whom provision is made at the school.

Displaced Pupils
     11. Details of the schools or further education colleges which pupils at the school for whom provision is to be discontinued will be offered places, including—

(a) any interim arrangements;

(b) where the school included provision that is recognised by the local education authority as reserved for children with special educational needs, the alternative provision to be made for pupils in the school's reserved provision; and

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

     12. 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
     13. A statement and supporting evidence about the impact on the community and any measures proposed to mitigate any adverse impact.

     14. Details of extended services the school offered and what it is proposed for these services once the school has discontinued.

Travel
     15. Details of length and journeys to alternative provision.

     16. The proposed arrangements for travel of displaced pupils to other schools including how they will help to work against increased car use.

Related Proposals.
     17. A statement as to whether in the opinion of the local education authority or governing body, the proposals are related to any other proposals which may have been, are, or are about to be published.

Rural Primary Schools
     18. 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 education authority or the governing body (as the case may be) considered—

(a) the likely effect of discontinuance of the school on the local community;

(b) the availability, and likely cost to the local education authority, of transport to other schools;

(c) any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase; and

(d) any alternatives to the discontinuance of the school,

as required by section 15(4).

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

(a) the consideration that has been given to developing the school into a children's centre and the grounds for not doing so;

(b) the body'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

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

Special educational provision
     20. Where existing provision for pupils with special educational needs is being discontinued, a statement as to how the local education authority or the governing body believes the proposal is likely to lead to improvements in the standard, quality and/or range of the educational provision for these children.

(a) the location of the possible site (including details of whether the possible site is a single or split site), including where appropriate the postal address or addresses;

(b) the area or particular community or communities the school is expected to serve; and

(c) the effect of paragraph 28 and paragraph 31 of Schedule 2 to the Act (that the local education authority must transfer their interest in the site, buildings or premises to the school's trustees, foundation body, or governing body).

     2. The date on which the school should open and where it is proposed that the proposals are to be implemented in stages, information about each stage and the dates on which each stage should be implemented.

     3. Information on—

(a) the number of pupil places the school should provide;

(b) the upper and lower age limits of the school;

(c) where it is intended that it should provide sixth form education, the number of pupils for whom it is intended that such education should be provided;

(d) where it is intended that it should make early years provision, the number of pupils for whom it is intended that such education should be provided;

(e) where it is intended that the school should provide for boarding pupils, the number of pupils for whom it is intended such facilities should be provided;

(f) the number of pupils to be admitted to the school in each relevant age group in the first school year in which the proposals will be implemented or, where it is intended that the proposals should be implemented in stages, the number of pupils to be admitted to the proposed school in each stage that the proposals will be implemented;

(g) whether it is proposed that the school should admit pupils of both sexes or boys or girls only and, in the case of a single sex school where it is intended to provide sixth form education, whether both sexes or boys or girls only are to be admitted to the sixth form;

(h) any extended services which the local education authority would like to see provided on the proposed site of the school (whether by the local education authority, governing body or another party); and

(i) whether the new school should make provision which is recognised by the local education authority as reserved for children with special educational needs, and, if so, the range of special needs and the number of pupils for which provision is proposed.

     4. A statement giving—

(a) the address of the local education authority; and

(b) the name of the person to whom proposals should be addressed.

     5. The date by which proposals must be submitted, being not less than 4 months from the date of publication of the competition notice.

(a) the location of the possible site (including details of whether the possible site is a single or split site), including where appropriate the postal address or addresses;

(b) the area or particular community or communities the school is expected to serve; and

(c) the effect of paragraph 28 and paragraph 31 of Schedule 2 to the Act (that the local education authority must transfer their interest in the site, buildings or premises to the school's trustees, foundation body, or governing body).

     8. The date on which the school should open and, where it is proposed that the proposals are to be implemented in stages, information about each stage and the dates on which each stage should be implemented.

     9. Information on—

(a) the numbers, age range, sex and special educational needs of the pupils (distinguishing boarding and day pupils) for whom provision is proposed;

(b) details of whether it is intended that any extended services which the local education authority would like to see provided should be provided on the proposed site of the school (whether by the local education authority, governing body or another party); and

(c) the type or types of special educational needs for which the school will make provision.

     10. A statement giving—

(a) the address of the local education authority; and

(b) the name of the person to whom proposals should be addressed.

     11. The date by which proposals must be submitted, being not less than 4 months from the date of publication of the competition notice.

(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.

Schools with a religious character or particular educational philosophy – parental demand
     19. Where the school is—

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

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

Specialisms
     20. Whether the school will have any specialisms on implementation and whether the proposer intends to apply to the Secretary of State for the new school to be a specialist school from implementation.

Foundation Schools
     21. Where the school is to be a foundation school with a foundation—

(a) the name of the foundation where known;

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

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

(a) the name of the foundation where known;

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

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

(a) the number of pupil places the school should provide;

(b) the upper and lower age limits of the school;

(c) where it is intended that it should provide sixth form education, the number of pupils for whom it is intended that such education should be provided;

(d) where it is intended that it should provide nursery education, the number of pupils for whom it is intended that such education should be provided;

(e) where it is intended that the school should provide for boarding pupils, the number of pupils for whom it is intended such facilities should be provided;

(f) the number of pupils to be admitted to the school in each relevant age group in the first school year in which the proposals will be implemented or, where it is intended that the proposals should be implemented in stages, the number of pupils to be admitted to the proposed school in each stage that the proposals will be implemented;

(g) whether it is proposed that the school should admit pupils of both sexes or boys or girls only and, in the case of a single sex school where it is intended to provide sixth form education, whether both sexes or boys or girls only are to be admitted to the sixth form.

Ethos/Religious Character
     35. A short statement suitable for publication setting out the proposed ethos of the school, including details of any educational philosophy, which it is proposed that the school will adhere to.

     36. If 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.

Area or community that school serves
     37. The area or particular community or communities the school is expected to serve.

Admission Arrangements
     38. An indication of 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 or Academy 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.

Specialisms
     39. Whether the school will have any specialisms on implementation and whether the promoter intends to apply to the Secretary of State for the new school to be a specialist school from implementation.

Location
     40. A statement about—

(a) the location of the site (including where appropriate the postal address or addresses if the school is to occupy a split site); and

(b) whether the school will occupy a single or split site.

Implementation
     41. The date when it is planned that the proposals will be implemented, or where the proposals are to be implemented in stages, information about each stage and the date on which each stage is planned to be implemented.

Travel
     42. The proposed arrangements for travel of pupils to the school.

Federation
     43. Details of any proposals for the school to be federated with one or more schools (by virtue of sections 24 of EA 2002 and section 12).

Foundation Schools
     44. Where the school is to be a foundation school with a foundation—

(a) the name of the foundation where known;

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

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

Special educational provision
     45. Information as to whether the school will have provision that is recognised by the local education authority as reserved for children with special educational needs and, if so, the nature of such provision and the proposed number of pupils for whom such provision is to be made.

(a) the name of the foundation where known;

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

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

Relevant experience of proposers
     55. Evidence of any relevant experience in education held by the proposer or proposers (other than a local authority) including details of any involvement in the improvement of standards in education.

(a) any interim arrangements;

(b) where the school included provision that is recognised by the local education authority as reserved for children with special educational needs, the alternative provision to be made for pupils in the school's reserved provision; and

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

     60. 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.

Travel
     61. The proposed arrangements for travel of displaced pupils to other schools including how they will help to work against increased car use.

Related Proposals.
     62. A statement as to whether in the opinion of the local education authority or governing body, the proposals are related to any other proposals which may have been, are, or are about to be published.

Special educational provision
     63. Where existing provision for pupils with special educational needs is being discontinued, a statement as to how the local education authority or the governing body believes the proposal is likely to lead to improvements in the standard, quality and/or range of the educational provision for these children.

    " (4A) A local education authority—


(a) in cases where the notice published by the local education authority pursuant to section 7 (1) specifies that the proposed school is to be situated in an area other than their own ("notice specific cases"), the local education authority ("Local Education Authority A") must send complete copies of all published proposals that have not been withdrawn to the local education authority for the area in which it is proposed that the school will be situated ("Local Education Authority B"); and

(b) in cases where the notice published by the local education 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 education authority ("Local Education Authority A") must send a copy of the proposals published by that proposer to the local education authority for the area in which it is proposed that the school will be situated (" Local Education Authority B")."

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

    " (3) Local Education Authority A may, after seeking and, unless Local Education 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."

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

    " (3A) Local Education Authority A—


(a) in notice specific cases, must send copies of all objections and comments received in accordance with regulations made pursuant to paragraph 5 (a) together with the proposals it sends in accordance with section 7 (4A) to Local Education 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; and

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



    (3B) If within two months from the date of expiry of the period in which objections or comments may be made in accordance with regulations made under paragraph 5(a) Local Education Authority A have failed to make a decision, they must refer all the proposals together with all and any objections or comments received to the adjudicator."

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

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

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

     8. After section 11 (5) insert—

    " (5A) In cases where the proposed school is to be situated in an area other than that of the local education authority who it is proposed should maintain the school, the local education authority who it is proposed should maintain the school ("Local Education Authority A") must send a complete copy of the proposals to the local education authority for the area in which it is proposed that the school will be situated ("Local Education Authority B")."

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

    " (4) Local Education Authority A may, after seeking and, unless Local Education 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."

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

    " (4A) Local Education Authority A must send copies of all objections and comments received in accordance with regulations made pursuant to paragraph 5(a) together with the proposals it sends in accordance with section 10(3A) or 11(5A) as applicable to Local Education 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.

    (4B) If within two months from the date of expiry of the period in which objections or comments may be made in accordance with regulations made under paragraph 5 (a) Local Education Authority A have failed to make a decision, they must refer all the proposals together with all and any objections or comments received to the adjudicator."

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

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

• by a local education authority of a new community or community special school, or a new foundation or foundation special school, (other than one providing education suitable only to the requirement of persons above compulsory school age); or,

• by other persons (proposers) for a new foundation, voluntary or foundation special school (other than one providing education suitable only to the requirements of persons above compulsory school age), or one in relation to which proposals fall to be published under section 11 of the Act.

Regulation 12 with Schedule 3 prescribes the information that has to be contained in proposals for the establishment—–

• by a local authority of a new maintained nursery school, or a new foundation or foundation special school providing education suitable only to the requirements of persons above compulsory school age; or

• by any persons to establish a new foundation, voluntary or foundation special school which is to provide education suitable only to the requirements of persons above compulsory school age, is to replace an independent school that is not an Academy, a city technology college or city college for the technology of the arts, or in the case of a new foundation special school, is to replace a non-maintained special school.

Regulation 13 with Parts 5 and 6 of Schedule 5 prescribes the manner in which the details of proposals made pursuant to sections 10 and 11 of the Act that they have received or made themselves must be published by the local education authority, the requirement to make copies available and also those bodies to whom copies of proposals should be sent.

Regulation 14 with Schedule 4 prescribes the information that has to be contained in proposals made to discontinue a maintained school either by a local education authority or the governing body.

Regulation 15 with Part 7 of Schedule 5 prescribes the manner in which the details of proposals to discontinue a school that they have received or made themselves must be published by the local education authority, the requirement to make copies available and also those bodies to whom copies of proposals must be sent.

Regulation 16 provides for the making of objections or comments to the local education authority in relation to published proposals and for the time period in which they may be made.

Regulation 17 prescribes the persons or bodies with whom the local education authority or the adjudicator must consult before approving proposals with modifications.

Regulation 18 prescribes in relation to proposals the time period in which a local education authority must determine whether to give approval under paragraph 8 (3) or 8 (4) of Schedule 2 to the Act.

Regulation 19 prescribes the period within which a local education authority must make a determination in relation to proposals to discontinue a school where there have been no objections to the proposals or any objections made have all been withdrawn.

Regulation 20 prescribes the events that may be specified in a conditional approval.

Regulation 21 prescribes the time within which the local education authority must refer matters to the adjudicator.

Regulation 22 prescribes the time within which requests made by an aggrieved person under paragraph 14 (1) of Schedule 2 to the Act must be made, and the time within which such requests must be referred to the adjudicator.

Regulation 23 prescribes the period of time in which related proposals must be referred to the adjudicator pursuant to paragraph 15 of Schedule 2 to the Act.

Regulation 24 prescribes the manner in which a local education authority must consult the Secretary of State where the proposals consist of, or include, a proposal to establish an Academy.

Regulation 25 prescribes the persons that must be notified of a decision taken under paragraph 8 or 21(4) of Schedule 2 to the Act.

Regulation 26 prescribes the information that must be contained in proposals that the original proposals should not be implemented and the manner of publication of such proposals. Schedule 6 to these Regulations modifies the application of Schedule 2 to the Act where proposals are published under paragraph 21(4) of Schedule 2 to the Act. Regulation 26 (5) provides that the local education authority must refer to the adjudicator paragraph 21(4) proposals (and the time within which they must be made) where the initial decision was made by him.

Regulation 27 prescribes cases that must be referred to the adjudicator, the time within which such referrals must be made and the persons who must be consulted before proposals are modified or a later date for a conditional approval is set under paragraph 21(2) of Schedule 2 to the Act.

Regulation 28 with Schedule 6 makes provision for references to the adjudicator by aggrieved persons following a determination by a local education authority under paragraph 21(4) of Schedule 2 to the Act.

Regulation 29 with Schedule 7 modifies sections 7, 10 and 11 of, and Schedule 2 to, the Act in relation to proposals to establish schools in an area outside the area of the relevant local education authority.

Regulation 30 makes transitional provision in relation to consultation undertaken before the coming into force of these Regulations.

Regulation 31 provides that the regulations set out in Schedule 8 are revoked. It is proposed that regulations to be made under section 31 of the Act will set out saving and transitional provisions in relation to proposals published before 25th May 2007 under previous enactments.