Appendix 1
S.I. 2007/1288: memorandum from the Department
for Education and Skills
School Organisation (Establishment and Discontinuance
of Schools) (England) Regulations 2007 (S.I. 2007/1288)
1. This memorandum has been prepared by The Department
for Education and Skills in response to the Joint Committee's
letter of 23rd May 2007 which requested a memorandum
on the following points:
(1) In regulation 8(5), should the words "on
any website maintained by them" appear at the end? If not,
what is the purpose of duplicating the effect of regulation 8(1)(e)
and (f)?
2. The Department accepts that the words "on
any website maintained by them" should appear at the end
of regulation 8 (5). The Department is grateful to the Committee
for pointing this out and proposes to make an amendment to regulation
8 (5) to effect this change when the regulations are next amended.
3. Regulation 8 (5) is intended to make it a
requirement that local authorities maintaining websites should
publish complete copies of all proposals made in a competition
for a new school. It is also intended to make it a requirement
that the local authority publishes on the website details of when
and where the first public meeting will be held as provided for
in regulation 10 and a statement saying that any person may object
to or comment on the proposals, including the address to which
the objections or comments should be sent and the date by which
they must be submitted. Given that regulation 8 (5) is specifically
about what is to be published on a website, the department considers
that local authorities will understand the purpose of the wording
of regulation 8 (5) although the department accepts that regulation
8 (5) should be drafted in a way that makes its meaning clearer
as suggested by the Committee. Consequently, during the period
until the regulations are amended the Department does not consider
that, in practice, the wording of regulation 8 (5) will cause
confusion.
(2) In regulation 9(6), is the expression
"diversity among relevant schools" intended to refer
to the matters in sub-paragraphs (a) to (e)? If so, what makes
that clear? If not, what is intended to be covered by that phrase
and why is the meaning not further clarified?
4. Regulation 9(6) sets out prescribed matters
to which the Secretary of State is to have regard in determining
whether to give consent under section 8(1)(b) of the Education
and Inspections Act 2006 ("EIA 2006") to the publication
of proposals for the establishment of a community or community
special school.
5. The expression "diversity among relevant
schools" is not intended to refer to the matters in sub-paragraphs
(a) to (e) of regulation 9(6) which are matters within schools.
The phrase is used in section 8(3) of the EIA 2006 in relation
to conditions that may be prescribed (and that power is exercised
in regulation 9(2)(b)(ii)). It is not defined in the EIA 2006
but its meaning is generally understood by local authorities as
referring to different categories of schools. Given that the phrase
is not defined in EIA 2006, the Department considers that it would
be unhelpful to seek to define it in the regulations made under
the Act. The effect of regulation 9(6) is further set out in guidance
issued by the Department.
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