text:
Citation, commencement and application
1
1
These Regulations may be cited as the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2007 and shall come into force on 6th April 2007.
2
These Regulations apply in relation to England only.
Educational establishments specified for certain purposes of the Housing Act 2004
2
An educational establishment is specified for the purposes of paragraph 4 of Schedule 14 to the Housing Act 2004 where —
a
it is listed in the Schedule to these Regulations; and
b
it is listed as the relevant educational establishment in respect of a building —
i
listed on or before 21st February 2007 in the Schedule of The Universities UK /Standing Conference of Principals Code of Practice for the Management of Student Housing dated 20th February 2006 ; or
ii
listed on or before 21st February 2007 in the second column of Schedule 1 of the Accreditation Network UK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 20th February 2006 .
Revocation of earlier Regulations
3
The Houses in Multiple Occupation (Specified Educational Establishments (England) ( No. 2) Regulations 2006 are revoked.
Signed by authority of the Secretary of State
For Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
6th March 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills Order 2007 and comes into force on 5 th April 2007.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills.
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
PART 1 Introduction
Title, application and commencement
1
This Order may be cited as the Control of Salmonella in Poultry Order 2007; it applies in England and comes into force on 28th January 2008.
Interpretation
2
In this Order —
“breeding flock” means a flock kept for the production of eggs intended for incubation;
“chick” means a bird less than 72 hours old that has not been fed;
“flock” means poultry of the same health status kept on the same holding or in the same enclosure and constituting a single epidemiological unit and, in the case of housed poultry, includes all birds sharing the same airspace;
“layer breeder” means poultry kept for the production of eggs intended for the incubation and hatching of chicks —
that will be grown to produce eggs for human consumption, or
whose progeny will be grown to produce eggs for human consumption;
“laying flock” means a flock of poultry kept for the production of eggs intended for human consumption;
“meat breeder” means poultry kept for the production of eggs intended for the incubation and hatching of chicks —
that will be grown to produce meat for human consumption, or
whose progeny will be grown to produce meat for human consumption;
“occupier” means, in relation to any hatchery or holding, the person in charge of the hatchery or holding;
“poultry” means birds of the species Gallus gallus , turkey, ducks and geese.
Competent authority
3
The Secretary of State is the competent authority for the purposes of —
a
Commission Regulation ( EC ) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003 ;
b
Commission Regulation (EC) No 1168/2006 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 1003/2005 ; and
c
Commission Regulation (EC) No 1177/2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella in poultry .
PART 2 Poultry hatcheries
Notification of poultry hatcheries
4
1
The occupier of a poultry hatchery with a total incubator capacity of 1000 eggs or more must notify the Secretary of State of the information in this article —
a
within three months of the coming into force of this Order; or
b
in the case of such a hatchery established after the date this Order comes into force, within three months of the establishment of the hatchery.
2
The occupier must notify the Secretary of State of any change or addition to that information within three months of the change or addition.
3
This article does not apply to any occupier who has notified the Secretary of State of that information under any other enactment.
4
The information to be notified is —
a
the name, address and telephone number of the occupier;
b
the address and telephone number of the hatchery;
c
the incubator capacity of the hatchery; and
d
the species of poultry hatched at the hatchery.
Records in a hatchery incubating Gallus gallus
5
If a hatchery incubates eggs of the species Gallus gallus and has a capacity of 1000 eggs or more, when eggs or chicks are moved on to or off the hatchery the occupier must record —
a
the date of the movement;
b
the number of eggs or chicks moved;
c
whether the movement is on to or off the hatchery;
d
if the movement is off the holding, the holding of destination; and
e
in the case of eggs brought on to the hatchery for incubation, the holding of origin.
PART 3 Breeding or laying flocks
Notification of breeding or laying flocks
6
1
The occupier of a holding on which one or more breeding flocks or laying flocks of at least 250 poultry of any single species are kept must notify the Secretary of State of the information in this article —
a
within three months of the coming into force of this Order; or
b
in the case of such a holding established after the date this Order comes into force, within three months of the establishment of the holding.
2
The occupier must notify the Secretary of State of any change or addition to that information within three months of the change or addition.
3
This article does not apply to any occupier who has notified the Secretary of State of that information under any other enactment.
4
The information to be notified is —
a
the name, address and telephone number of the holding;
b
the name, address and telephone number of the occupier and of the person who owns each flock on the holding;
c
the number of flocks on the holding;
d
for each flock —
i
the identification of the flock;
ii
whether it is a breeding flock or a laying flock;
iii
the species;
iv
the number of poultry;
e
for each breeding flock —
i
whether the flock is a flock of layer breeders or meat breeders; and
ii
the status in the breeding pyramid of the flock.
Breeding or laying flocks of the species Gallus gallus
7
The Schedule (breeding or laying flocks of the species Gallus gallus ) has effect.
Prohibition on the use of antimicrobials
8
No person may administer any antimicrobial to any bird of the species Gallus gallus as a specific method to control salmonella in breach of Article 2 of Commission Regulation (EC) 1177/2006 (use of antimicrobials) .
Prohibition on the use of vaccines
9
No person may administer any live salmonella vaccine to any bird of the species Gallus gallus in breach of Article 3(1) of Commission Regulation (EC) 1177/2006 (use of vaccines).
PART 4 Miscellaneous
Records
10
Any person required to keep a record under this Order must keep it for two years from the date it is made and must produce it on demand to an inspector or officer of the Secretary of State and allow a copy of it to be made or an extract from it to be taken.
Tampering with samples
11
A person must not tamper with a sample or do anything to it that is likely to affect the result of any test required to be carried out under this Order, except as provided for in this Order.
Powers of Secretary of State in cases of default
12
If any person fails to take any action required by this Order, an inspector may arrange for such action to be taken at the expense of the person in default.
Enforcement
13
1
This Order is enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that the Secretary of State will enforce this Order instead of the local authority.
Revocation
14
The Poultry Breeding Flocks and Hatcheries (England) Order 2007 is revoked.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
18th December 2007


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.3) Order 2007 and shall come into force on 15th June 2007.
Establishment of safety zones
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
25th May 2007


text:
Citation, interpretation and application
1
1
This Order may be cited as the Health Act 2006 (Commencement No. 3) Order 2007.
2
In this Order references to sections, Parts and Schedules are references to sections and Parts of, and Schedules to, the Health Act 2006.
3
In relation to the commencement of sections 1 to 12 (other than section 5(4)), sections 76 and 77 and Schedules 1 and 2, this Order applies only in relation to England.
4
In relation to section 5(4), this Order applies in relation to England, Scotland and Northern Ireland.
5
In relation to section 13, this Order applies in relation to England and Wales.
Appointed day for provisions relating to smoking
2
1st July 2007 is the day appointed for the coming into force of —
a
Part 1 and Schedules 1 and 2, in so far as they are not already in force;
b
sections 76 and 77, in so far as they relate to offences under that Part.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
1st May 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Approved European Pharmacy Qualifications Order of Council 2007 and shall come into force on 30th March 2007.
2
In this Order —
“competent authorities”, in relation to a relevant European State , means any authority or body designated by that relevant European State in accordance with the Pharmacy Qualifications Directive ;
“the Pharmacy Training Directive” means Council Directive 85/432/ EEC concerning the co-ordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy ; and
“reference date”, in relation to a relevant European State, means the date by which it was required to implement the Pharmacy Training Directive, and which is included in the second column of the table in Schedule 1 opposite the corresponding entry for that State in the first column.
Appropriate European diplomas
2
1
Appropriate European diplomas are designated as being approved qualifications for the purposes of registration in the Register of Pharmacists.
2
Subject to article 8, the following diplomas are “appropriate European diplomas” for the purposes of paragraph (1) —
a
subject to article 3, any (where appropriate, duly authenticated) diploma specified in the second column of the table in Schedule 2 which has been granted in a relevant European State after its reference date and which is evidence of training commenced on or after that date; or
b
any (where appropriate, duly authenticated) diploma which —
i
subject to article 4, has been granted in a relevant European State before its reference date or which is evidence of training commenced before that date but completed on or after that date,
ii
subject to article 5, was awarded by the competent authorities of, or which is evidence of training started in, the territory specified in column (b) of the table in Schedule 3 before the date specified in the corresponding entry in column (a) of that table,
iii
subject to article 6, is evidence of training commenced before 3rd October 1990 and undertaken in the territory of the former German Democratic Republic, or
iv
subject to article 7, does not fall within paragraphs (i) to (iii) and is not specified in Schedule 2 but which is a diploma in pharmacy granted in a relevant European State on or after its reference date.
Conditions relating to a specified diploma awarded in Italy
3
1
A diploma to which article 2(2)(a) applies that was awarded in Italy (the “diploma o certificato di abilitazione all’ esercizio della professione di farmacista ottenuto in seguito ad un esame di Stato”) is only an appropriate European diploma if —
a
the diploma is evidence of training commenced on or after 1st November 1993; or
b
the diploma is evidence of training commenced before 1st November 1993, and —
i
the diploma is evidence of training concluded before 1st November 2003,
ii
evidence of the diploma is made available to the Registrar in the form of a certificate from the competent authorities of Italy, and
iii
the competent authorities of Italy have also certified that —
aa
the holder of the diploma has been effectively and lawfully engaged in Italy in one of the activities (and it must have been a regulated activity) referred to in article 1(2) of the Pharmacy Training Directive,
bb
he was so engaged for at least three consecutive years during the five years preceding the date of the certificate, and
cc
the activity in question was at all relevant times regulated in Italy,
and the certificate is made available to the Registrar.
2
The registrar may waive the requirements of paragraph (1)(b)(iii) if he determines that the diploma is evidence of training which would satisfy the requirements of article 2 of the Pharmacy Training Directive.
Conditions relating to diplomas, whether specified or not, awarded in respect of training before a relevant European State’s reference date
4
A diploma to which article 2(2)(b)(i) applies is only an appropriate European diploma if —
a
in the case of a diploma which is specified in the list in Schedule 2, the Registrar is satisfied (by means of a certificate from the relevant competent authorities or otherwise) with respect to it that it accords with the standards laid down by the Pharmacy Training Directive;
b
in the case of a diploma that is not specified in the list in Schedule 2, the diploma is accompanied by a certificate from the competent authorities of the relevant European State which awarded the diploma which attests that the diploma —
i
is evidence of training which would satisfy the requirements of article 2 of the Pharmacy Training Directive, and
ii
is treated by the competent authorities of the relevant European State in which it was awarded as equivalent to a diploma specified in Schedule 2 in respect of their State,
and the certificate is made available to the Registrar; or
c
whether or not the diploma is specified in the list in Schedule 2, the competent authorities of a relevant European State have certified that the holder of the diploma has been effectively and lawfully engaged in one of the activities (and it must have been a regulated activity) referred to in article 1(2) of the Pharmacy Training Directive for at least three consecutive years during the five years preceding the date of the certificate, and the certificate is made available to the Registrar.
Conditions relating to old diplomas granted in respect of training commenced in the former Czechoslovakia, the former Soviet Union or the former Yugoslavia
5
A diploma to which article 2(2)(b)(ii) applies is only an appropriate European diploma if —
a
the competent authorities of the relevant European State specified in the appropriate row of column (c) of the table in Schedule 3 have certified that the diploma has, on its territory, the same legal validity as regards access to the practice of pharmacy as the diploma specified in Schedule 2 in respect of their State;
b
those competent authorities have also certified that the holder of the diploma has been effectively and lawfully engaged in one of the activities (and it must have been a regulated activity) referred to in article 1(2) of the Pharmacy Training Directive in its territory for at least three consecutive years during the five years preceding the date of that certificate; and
c
the certificates are made available to the Registrar.
Conditions relating to old diplomas granted in respect of training commenced in the former German Democratic Republic
6
A diploma to which article 2(2)(b)(iii) applies is only an appropriate European diploma if —
a
the diploma entitles its holder to practise pharmacy throughout the territory of Germany on the same conditions as those that apply to the holder of the diploma specified in Schedule 2 in respect of Germany; and
b
the competent authorities in Germany have certified that the holder of the diploma has been effectively and lawfully engaged in one of the activities (and it must have been a regulated activity) referred to in article 1(2) of the Pharmacy Training Directive in Germany for at least three consecutive years during the five years preceding the date of the certificate, and the certificate is made available to the Registrar.
Conditions relating to new diplomas
7
A diploma to which article 2(2)(b)(iv) applies is only an appropriate European diploma if —
a
the competent authorities of the relevant European State that awarded it have certified that the diploma —
i
is evidence of training which satisfies the requirements of article 2 of the Pharmacy Training Directive, and
ii
is treated by them as equivalent to a diploma specified in Schedule 2 in respect of their State; and
b
the certificates are made available to the Registrar.
Justified doubts about authenticity
8
A diploma is only an appropriate European diploma if, in a case where the Society (including its Registrar) —
a
has justified doubts about the authenticity of the evidence of the diploma made available to the Society; and
b
has required of the relevant competent authorities confirmation of the authenticity of the evidence,
the relevant competent authorities have confirmed the authenticity of the evidence.
Christine Cook
Deputy Clerk of the Privy Council


text:
1
1
This Order may be cited as the Damages for Bereavement (Variation of Sum) (England and Wales) Order 2007 and shall come into force on 1 st January 2008.
2
This Order shall apply only to causes of action which accrue on or after 1 st January 2008.
2
In section 1A(3) of the Fatal Accidents Act 1976, for “£10,000” there shall be substituted “£11,800”.
Jack Straw
Lord Chancellor
10th December 2007


text:
1
This Order may be cited as the A449 Trunk Road (Dudley, Staffordshire and Worcestershire) (Detrunking) Order 2007 and shall come into force on 1st October 2007.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the folio numbered HA 10/ TD /019 consisting of a key plan and seven site plans numbered sheets 1 to 7 and marked “The A449 Trunk Road (Dudley, Staffordshire and Worcestershire) (Detrunking) Order 2007” signed by the authority of the Secretary of State for Transport and deposited at the ODPM — DfT Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads; and
iv
“the trunk road” means the Worcester to Wolverhampton Trunk Road (A449).
3
The length of the trunk road described in the Schedule shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director Highways Agency
25th July 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Cumbria Mental Health and Learning Disabilities National Health Service Trust (Change of Name) (Establishment) Amendment Order 2007 and shall come into force on 1 st May 2007.
2
In this Order, “the Establishment Order ” means the North Cumbria Mental Health and Learning Disabilities National Health Service Trust (Establishment) Order 2001 .
Change of name of trust and transitional provision
2
1
The trust shall be called the Cumbria Partnership National Health Service Trust instead of the North Cumbria Mental Health and Learning Disabilities National Health Service Trust, and accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for “North Cumbria Mental Health and Learning Disabilities” there shall be substituted “Cumbria Partnership”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
3
In article 3(2) of the Establishment Order (nature and functions of the trust) the words from “at” where it occurs for the first time to “facilities” shall be deleted.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State
Department of Health
19th April 2007


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills ( No. 5) Order 2007 and comes into force on 11th October 2007.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Title and commencement
1
This Scheme may be cited as the Milk (Cessation of Production) (Revocation) Scheme 2007 and comes into force on 6th April 2007.
Revocations
2
1
The following Schemes are revoked in relation to England only —
a
the Milk (Partial Cessation of Production) (England and Wales) Scheme 1986 ; and
b
the Milk (Cessation of Production) (England and Wales) Scheme 1987 .
2
The following Schemes are revoked —
a
the Milk (Partial Cessation of Production) (Scotland) Scheme 1986 ; and
b
the Milk (Cessation of Production) (Scotland) Scheme 1987 .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
18th February 2007


text:
Citation, commencement, effect and interpretation
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 and shall come into force on 5th February 2007.
2
Article 4(2) shall have effect from 1st April 2004.
3
Articles 2(4)(b), 3 and 4(1) shall have effect from 1st April 2005.
4
Article 4(3) shall have effect from 1st April 2006.
5
In this Order, “the principal Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
Amendment of Part II of the principal Order
2
1
Part II of the principal Order (claims for and payment of subsidy) shall be amended in accordance with the following paragraphs.
2
In article 2 (interpretation of Parts II and IV ) after the definition of “claim form”, insert —
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000
;
3
After article 3 (conditions for payment of subsidy), insert —
Electronic communications
3A
1
The Secretary of State, an authority or auditor may use an electronic communication in connection with any claim, audit or payment of subsidy provided it is made in accordance with the provisions set out in Part 2 of Schedule 6.
2
Any reference to an electronic communication in this Order means an electronic communication made in accordance with those provisions.
3
Schedule 6 makes further provisions relating to electronic communications.
.
4
In article 4 (requirement of claim) —
a
in paragraphs (2) and (4) after the words “on the form supplied by him to that authority”, insert “or by means of an electronic communication”;
b
in paragraphs (2)(c) and (3) for “30th June” substitute “31st May”;
c
in paragraph (3) before the words “The final claim”, insert “Except where an authority submits a claim by means of an electronic communication,”;
d
omit paragraph (4A);
e
in paragraph (4B) after the words “on such form as is supplied by him or them”, insert “or by means of an electronic communication”; and
f
in paragraph (5) after the words “shall be signed”, insert “or submitted by means of an electronic communication”.
5
In article 5 (requirement to keep records and provide information) —
a
in sub-paragraph (1)(a) after “paragraph (2)”, insert “in written or electronic form”;
b
in sub-paragraph (1)(b) after the words “produce records”, insert “in written or electronic form”; and
c
in sub-paragraph (2)(a) for “full, accurate and properly calculated”, substitute “fairly stated and in accordance with the relevant articles of this Order”.
6
In article 6 (requirement of audit) —
a
in paragraph (1)(ia) after the words “is submitted to the Secretary of State”, insert “in written or electronic form”;
b
in paragraph (2)(a) after the words “such information”, insert “in written or electronic form”;
c
for sub-paragraph (b) of paragraph (2) and the words following that paragraph substitute —
b
keep, and where asked to do so, produce records in written or electronic form with a bearing on its claim,
as may be required by the auditor or as may be otherwise required to enable that authority to show and its auditor to check, that that claim is fairly stated and in accordance with the relevant articles of this Order.
; and
d
for paragraph (3) substitute —
3
No final subsidy shall be paid until the authority’s auditor has certified on the claim for or by means of an electronic communication that the final claim is fairly stated and in accordance with the relevant articles of this Order.
.
Amendment of Part III of the principal Order
3
1
Omit article 18(5)(a) of the principal Order (additions to subsidy).
2
Omit article 23(2) of the principal Order (transitional provisions in relation to rent officer determinations).
Amendment of the Schedules to the principal Order
4
1
For Schedule 1 to the principal Order (sums to be used in the calculation of subsidy) substitute as Schedule 1 the Schedule set out in Schedule 1 to this Order.
2
In Schedule 4 to the principal Order (high rents and rent allowances) —
a
in paragraphs 7, 8(3), 9(2) to (5) and 11 of Part 2 (rent officers’ determinations); and
b
in paragraph 15 of Part 3 (reckonable rent cases),
for “95 per cent”, substitute “100 per cent”.
3
In Schedule 4A to the principal Order (rent rebate limitation deductions (housing revenue account dwellings)) —
a
in paragraph 2(4) (liability to deduction) —
i
in step 1 and 2 for “service charges were imposed” substitute “rent was charged”; and
ii
in step 4 for “new service charges were imposed” substitute “rent was charged”
b
after paragraph 2(7), insert —
8
For the purposes of calculating the total number of weeks for which rent is charged in sub-paragraphs (3) and (4) rent free periods shall be included.
;
c
in the table in Part 3 (weekly rent limits for purposes of Part 2: authorities in England), in the entry relating to Dover for “£61.53”, substitute “£63.05”.
4
After Schedule 4A to the principal Order insert as Schedule 6 the Schedule set out in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th January 2007
We consent
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
9th January 2007


text:
Citation, application and interpretation
1
1
This Order —
a
may be cited as the Animal Welfare Act 2006 (Commencement No. 1)(England) Order 2007; and
b
applies in England only.
2
In this Order, “the 2006 Act ” means the Animal Welfare Act 2006.
Commencement of provisions
2
1
The following provisions of the 2006 Act come into force on 23rd March 2007, for the purpose of making regulations under them —
a
section 5(4) and (5);
b
section 6(4) to (6), (8)(b) and (14).
2
The following provisions of the 2006 Act come into force on 6th April 2007 —
a
sections 1 to 4;
b
sections 5 and 6, to the extent that they are not already in force;
c
section 7;
d
section 8(1), (2), (7) and (8);
e
sections 9 to 12;
f
section 13 and Schedule 1;
g
sections 17 to 45;
h
sections 51 and 52;
i
section 53 and Schedule 2;
j
sections 54 to 60;
k
sections 62 and 63;
l
sections 64 and Schedule 3, except in so far as they relate to paragraph 3(1) of Schedule 3;
m
section 65 and Schedule 4, except in so far as they relate to the following entries in Schedule 4 —
i
section 2 of the Pet Animals Act 1951 (c.35) ;
ii
sections 2, 3, 6, 7 and 8 of the Agriculture (Miscellaneous Provisions) Act 1968 (c.34) ;
iii
sections 37 to 39 of the Animal Health Act 1981 (c.22) and paragraph 8 of Schedule 5 to that Act;
n
section 66.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
22nd February 2007


text:
Citation and commencement
1
These Regulations may be cited as The Capital Expenditure in respect of Voluntary Aided Schools (England) Regulations 2007 and come into force on 25 May 2007.
Expenditure not to be capital expenditure
2
Any expenditure by an appropriate body or any promoters in respect of a new voluntary aided school of an amount less than £2,000 does not constitute capital expenditure.
Jim Knight
Minister of State
Department for Education and Skills
25th April 2007


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 and come into force on 25th May 2007.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Education and Inspections Act 2006;
“ EA 1996 ” means the Education Act 1996 ;
“ EA 2002 ” means the Education Act 2002 ;
“ EA 2005 ” means the Education Act 2005 ;
“ SSFA 1998 ” means the School Standards and Framework Act 1998 ;
“Accessibility Strategy” has the meaning given by section 28D of the Disability Discrimination Act 1995 ;
“ APA rating” means the rating awarded to a local authority for children and young people’s services used by the Audit Commission when categorising local authorities for the purposes of reports produced under section 99 of the Local Government Act 2003 or the performance rating awarded to a local authority under section 138 (3) of the Act;
“competition notice” means a notice published under section 7 inviting proposals from persons other than local education authorities for the establishment of any new school falling within section 7(2);
“date of publication” of proposals means, in relation to proposals published under section 7,10,11 or 15 or under paragraph 21(4) of Schedule 2 to the Act —
the date on which the requirements of regulations 8(3), 13(3), 15(2) or 26(3), as applicable, are satisfied, and
where different requirements are satisfied on different days, the last of such days;
“discontinuance proposals” means proposals published under section 15 by a local education authority or by a governing body to discontinue a school;
“Early Years Foundation Stage” means the foundation stage defined by section 81 of EA 2002 or the learning and development and welfare requirements specified by the Secretary of State by order and regulations made under section 39 of the Childcare Act 2006 when they come into force;
“early years provision” has the meaning given by section 20 of the Childcare Act 2006;
“extended services” has the meaning given to it in the publication entitled “Extended Schools: Access to Opportunities and Services for All” published by the Department for Education and Skills, dated June 2005 and with ISBN Number 1-84478-451-7;
“initial decision” means a decision made by the adjudicator under paragraph 8 of Schedule 2 to the Act except any decision made by him following a referral to him by an aggrieved person pursuant to paragraph 14 of Schedule 2 to the Act;
“mainstream school” means a maintained school which is not a special school;
“ NHS foundation trust” has the same meaning as in section 30(1) of the National Health Service Act 2006 ;
“NHS trust” means a body established by the Secretary of State under section 25 of the National Health Service Act 2006;
“Primary Care Trust” means a body established or continuing under section 18 of the National Health Service Act 2006;
“relevant age group”, in relation to a school, means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school;
“relevant school”, in relation to a local education authority, means a maintained school maintained by the authority or an Academy, city technology college or city college for the technology of the arts in the area of the authority;
“representation period” means the period prescribed by regulation 16(1) for making objections or comments in relation to the proposals;
“sixth form education” means full-time secondary education suitable to the requirements of pupils over compulsory school age;
“special educational needs” has the meaning given by section 312 of EA 1996 ;
“special school” means a community special or a foundation special school;
“the upper and lower age limits” means the highest and lowest ages of pupils for whom it is intended that education is normally provided at the school;
“14-16 education” means educational provision for 14-16 year olds;
and any reference to sections 7, 8, 9, 10, 11, 13, 15, 61 or 62 is a reference to that section of the Act.
PART 2 Proposals for establishment of new schools in a competition
Information to be contained in a competition notice
3
1
Competition notices inviting proposals for the establishment of a mainstream school falling within section 7(2) must specify the matters prescribed in Part 1 of Schedule 1 (in addition to the matters referred to in section 7(3)(a), (b) and (c)).
2
Competition notices inviting proposals for the establishment of a special school falling within section 7(2) must specify the matters prescribed in Part 2 of Schedule 1 (in addition to the matters referred to in section 7(3)(a), (b) and (c)).
Prescribed interval after which competition notice may specify a date for the submission of proposals
4
For the purposes of section 7(3)(c), the prescribed interval is an interval of 4 months from the date of publication of the competition notice.
Manner of publication of a competition notice
5
1
Competition notices must be —
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.
2
In respect of mainstream schools, the details from the competition notice specified in Part 1 of Schedule 5 must be published in an appropriate national newspaper covering education issues and at least one newspaper circulating in the area to be served by the school together with details of how complete copies of the notice may be obtained.
3
In respect of special schools, the details from the competition notice specified in Part 2 of Schedule 5 must be published in an appropriate national newspaper covering education issues and at least one newspaper circulating in the area to be served by the school together with details of how complete copies of the notice may be obtained.
Information to be contained in proposals made in response to a competition notice
6
Proposals submitted to the local education authority pursuant to section 7(4)(b) and proposals made by the authority under section 7(5)(b) must contain the information prescribed in Part 1 of Schedule 2 in relation to mainstream schools, and in Part 2 of Schedule 2 in relation to special schools.
Time within which details of the proposals must be published
7
The local education authority which published the competition notice must publish in the manner prescribed by regulation 8 —
a
proposals submitted to them pursuant to section 7 (5) (a); and
b
where they wish to make any, their own proposals pursuant to section 7(5)(b)
within 3 weeks of the date by which the proposals must be submitted as specified in the competition notice.
Manner in which the local education authority must publish details of the proposals
8
1
The local education authority must —
a
in respect of any proposals submitted to them pursuant to section 7 (4) (b) which relate to a mainstream school, publish:
i
the details from the proposals specified in Part 3 of Schedule 5 to these Regulations, and
ii
any proposed divergence from the characteristics specified by the local education authority in the competition notice;
b
if they have made proposals pursuant to section 7(5)(b) which relate to a mainstream school, publish —
i
the name of the local education authority and a contact address, and
ii
the relevant details from their proposals specified in Part 3 of Schedule 5;
c
publish a statement referring to the competition notice and confirming the proposals for the new school including its proposed location;
d
publish details of how complete copies of the proposals can be obtained;
e
publish details of when and where the first public meeting will be held as provided for in regulation 10; and
f
publish 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 all proposals that relate to special schools, the local education authority must publish details of the proposals in accordance with all of the provisions of paragraph (1) except that (rather than the details specified in sub-paragraphs (a)(i) and (b)(ii)) the authority is required to publish the details from the proposals specified in Part 4 of Schedule 5 to these Regulations.
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
If they have made proposals pursuant to section 7(5)(b), the local education authority must send to the adjudicator in relation to all proposals —
a
the name of the authority and a contact address, and
b
the details from the proposals specified in Part 3 of Schedule 5 to these Regulations in the case of proposals to establish a mainstream school, or in Part 4 of Schedule 5 in the case of special schools.
5
The local education authority must publish complete copies of proposals submitted to them pursuant to section 7(4)(b), or made by them pursuant to section 7(5)(b), on any website maintained by them and details of the matters specified in sub-paragraphs (1) (e) and (f) above.
Proposals published by a local education authority under section 7 relating to community or community special schools
9
1
A local education authority may publish proposals under section 7(5)(b)(ii) for the establishment of a community or community special school without the consent of the Secretary of State, if on the day when the competition notice is published, the authority have a current APA rating of 4.
2
A local education authority may publish proposals under section 7(5)(b)(ii) for the establishment of a community school with the consent of the Secretary of State, if on the day when the competition notice is published, the authority meets either of the following conditions —
a
a current APA rating of at least 3; or
b
a current APA rating of 2 and, subject to paragraphs 3 and 4, either or both of —
i
less than 15% of community, foundation and voluntary schools in the area of the authority are, for the purposes of Part 4 of the Act, eligible for intervention by virtue of section 62 (special measures) or section 61 (significant improvement);
ii
more than 15% of all relevant schools (except special schools) in the area of the authority comprise in total any of foundation schools, voluntary schools, Academies, city technology colleges or city colleges for the technology of the arts.
3
Where a local education authority propose to publish proposals for the establishment of a community school which is a primary school, the reference in paragraph (2)(b)(i) to “community, foundation and voluntary schools” is to be read as a reference to “community, foundation and voluntary primary schools”.
4
Where a local education authority propose to publish proposals for the establishment of a community school which is a secondary school, the reference in paragraph (2)(b)(i) to “community, foundation and voluntary schools” is to be read as a reference to “community, foundation and voluntary secondary schools”.
5
A local education authority may publish proposals under section 7(5)(b)(ii) for the establishment of a community special school with the consent of the Secretary of State, if, on the day when the competition notice is published, the authority have a current APA rating of 3 or 2.
6
The matters to which the Secretary of State is to have regard in determining whether to give consent under section 8(1)(b) for the establishment of a community or community special school include the extent of diversity among relevant schools, and —
a
the range of curricular specialisms;
b
the range of extended services;
c
general standards of attainment;
d
the range of special educational needs specialisms; and
e
the availability of boarding or respite provision,
within relevant schools.
Promotion of public awareness
10
1
This regulation prescribes the steps to be taken by a local education authority for the purpose of promoting public awareness of any proposals published under section 7.
2
The local education authority must arrange for at least one public meeting to be held to inform the public of the proposals received and the arrangements for making objections and comments.
3
The first of any such meetings must be held within 2 weeks from the date of publication of the proposals by the authority.
4
The authority must invite all the proposers to all such meetings.
5
In carrying out its duties as specified in paragraphs (1) to (4), the authority must consult with, and have regard to, the advice of any person appointed by the Secretary of State for the purpose of assisting the authority in carrying out such duties.
6
The local education authority must send copies of all proposals to —
a
any other local education authority likely to be affected by the proposals;
b
all proposers who have submitted proposals in response to the relevant competition notice;
c
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;
d
the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local education authority;
e
any other person or organisation that has previously expressed an interest in writing to the authority in establishing a new school to serve pupils in the area;
f
the Learning and Skills Council for England if the proposals include the provision of 14-16 education or sixth form education;
g
in cases where the proposed school is to be a special school, the relevant Primary Care Trust, NHS Trust or NHS foundation trust; and
h
the Secretary of State
and must send a copy of any particular proposal to any person who requests such a proposal.
PART 3 Proposals for the establishment of new maintained schools with consent of Secretary of State or in special cases
Information to be contained in proposals under section 10
11
Proposals under section 10(1) and 10(2) must contain the information specified in Part 1 of Schedule 3 in relation to mainstream schools, and in Part 2 of Schedule 3 in relation to special schools.
Information to be contained in proposals under section 11
12
Proposals under section 11(1) and 11(2) must contain the information specified in Part 1 of Schedule 3 in relation to mainstream schools, and in Part 2 of Schedule 3 in relation to special schools.
Manner in which local education authority or proposers must publish details of proposals under sections 10 and 11
13
1
In respect of their own proposals published under section 10(1) or section 11(1), the local education authority must publish —
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.
PART 4 Proposals for discontinuance of schools
Information to be contained in discontinuance proposals
14
Discontinuance proposals must contain the information specified in Schedule 4.
Manner in which the local education authority or governing body must submit and publish details of the discontinuance proposals
15
1
The governing body or the local education authority (as the case may be) must publish —
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.
PART 5 Consideration of Proposals by Local Education Authority or by the Adjudicator
Objections and Comments
16
1
Any person may send objections or comments in relation to proposals published in accordance with sections 7, 10, 11 or 15 to the local education authority within 6 weeks from the date of publication of the proposals.
2
In cases where proposals have been referred to the adjudicator in accordance with paragraph 10 or 11 of Schedule 2 to the Act, the local education authority must forward any objections or comments which they have received under paragraph (1) to the adjudicator within 2 weeks of the end of the representation period.
3
In cases where proposals have been referred to the adjudicator in accordance with paragraph 10 of Schedule 2 to the Act, the local education authority may forward any objections of their own in relation to any of the proposals to the adjudicator within 2 weeks from the end of the representation period.
Approval of proposals with modifications after consultation
17
The persons or bodies with whom the local education authority or the adjudicator (as the case may be) must consult before approving proposals with modifications are —
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.
Local education authority determination under paragraph 8 (3) or 8 (4) of Schedule 2 to the Act
18
The period within which the local education authority must determine whether to give approval under paragraph 8(3) or 8(4) of Schedule 2 to the Act is 2 months from the end of the representation period.
Local education authority determination under paragraph 19 of Schedule 2 to the Act
19
In cases where the local education authority determine discontinuance proposals under paragraph 19(1) of Schedule 2 to the Act, any determination must be made within 2 months from the end of the representation period.
Conditional approvals
20
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 grant of planning permission under Part 3 of the Town and Country Planning Act 1990 ;
b
the acquisition of the site on which a new school is to be constructed;
c
the acquisition of playing fields to be provided for the school;
d
the securing of any necessary access to a site referred to in sub-paragraph (b) or playing fields referred to in sub-paragraph (c);
e
the private finance credit approval given by the Department for Education and Skills following the entering into of a private finance contract by a local education authority or the approval by the Department for Education and Skills of capital grant in an equivalent arrangement for voluntary aided schools;
f
the entering into an agreement for any necessary building project supported by the Department for Education and Skills in connection with the programme known as “Building Schools for the Future”;
g
the making of any scheme relating to any charity connected with the school;
h
the formation of any federation (within the meaning of section 24(2) of EA 2002) of which it is intended that the proposed school should form part, or the fulfilling of any other condition relating to the proposed school forming part of a federation;
i
the Secretary of State giving approval under regulation 5(4) of the Education (Foundation Body) (England) Regulations 2000 to an application that a foundation body shall be established and that the school shall form part of a group for which a foundation body shall act;
j
the Secretary of State making a declaration under regulation 22(3) of the Education (Foundation Body) (England) Regulations 2000 that the school should form part of a group for which a foundation body acts;
k
in the case of mainstream schools, the agreement to any change to admission arrangements of any other school or schools specified in the approval;
l
the establishment of any foundation meeting the requirements of section 23A of SSFA 1998 ;
m
in the case of proposals published under section 7 or 15, the making of any agreement under section 482 of EA 1996 for the establishment of an Academy;
n
in the case of proposals to establish a maintained school in place of an existing independent school, the securing of approval by the Secretary of State to relax the requirements of the Education (School Premises) Regulations 1999 as provided for by section 543 (1) of EA 1996;
o
in the case of proposals to establish any other maintained school, the securing of approval by the Secretary of State to relax the requirements of the Education (School Premises) Regulations 1999 in respect of school playing fields as provided for by section 543 (1) of EA 1996;
p
in the case of proposals whose funding is dependent upon capital receipts from the disposal of any school land or buildings, the securing of consent from the Secretary of State for the disposal as provided for by paragraph 2 of Schedule 35A to EA 1996 or section 77 of SSFA 1998, or determination in accordance with Schedule 22 to the SSFA 1998 as applicable; and
q
where the proposals in question depend upon any of the events specified in paragraphs (a) to (p) occurring by a specified date in relation to proposals relating to any other school or proposed school, the occurrence of such an event.
Time limits for local education authority referrals to adjudicator prior to determination
21
1
The local education authority must refer any proposals under paragraph 10 of Schedule 2 to the Act to the adjudicator within 2 weeks from the end of the representation period.
2
In cases where the authority are required to refer proposals to the adjudicator under paragraph 13 of Schedule 2 to the Act (duty to refer where determination delayed), they must do so within 1 week from the end of the 2 month period referred to in regulation 18.
References to the adjudicator at request of an aggrieved person after determination under paragraph 8 (4) of Schedule 2 to the Act
22
1
Where a person requests under paragraph 14 (1) of Schedule 2 to the Act that proposals be referred to the adjudicator, they must do so within 4 weeks from the date of the notification of the determination pursuant to regulation 25.
2
References by the authority under paragraph 14 of Schedule 2 to the Act must be made within 1 week from the date on which they receive notice of a request for a referral.
3
Where a reference is made under paragraph 14 of Schedule 2 to the Act, the authority must send to the adjudicator within the time specified by paragraph (2), any objections or comments in relation to the proposals together with minutes of the meeting at which the proposals were considered and any papers considered by the authority at that meeting.
Duty to refer related proposals
23
1
Subject to paragraph (2), where the authority makes a reference under paragraph 15 of Schedule 2 to the Act (duty to refer related proposals), they must do so within the same period referred to in paragraph (1) or (2) of regulation 21 as appropriate.
2
Where the periods for referring proposals under paragraph 15 of Schedule 2 to the Act (duty to refer related proposals) are different, the period for referring the proposals is the latest period for referring any of the proposals as referred to in paragraph (1) or (2) of regulation 21 as applicable.
Consultation with Secretary of State in respect of Academies
24
1
Where proposals submitted to a local education authority in accordance with section 7 consist of or include proposals to establish an Academy, the authority must within 1 week of receiving those proposals consult the Secretary of State before taking any decision under paragraph 8 of Schedule 2 to the Act.
2
Where proposals submitted to a local education authority in accordance with section 7 consist of or include proposals to establish an Academy, and —
a
the proposals have been referred to the adjudicator under paragraph 10, 11, 12, 13 or 15 of Schedule 2 to the Act, or
b
a direction under paragraph 12 (1) of Schedule 2 to the Act is in force in relation to the authority and the case does not fall within paragraph 12 (2) of Schedule 2 to the Act,
the adjudicator must within 1 week of receiving those proposals consult the Secretary of State before taking any decision under paragraph 8 of Schedule 2 to the Act.
3
The Secretary of State must (on being consulted pursuant to paragraph (1) or (2)) indicate in writing to the authority or the adjudicator as the case may be whether, if the proposals were approved, he would be willing to commence negotiations with a view to entering into an agreement under section 482 of EA 1996 for the establishment of an Academy.
Provision for notification of decisions
25
1
The local education authority must notify the following persons of each decision under paragraph 8 of Schedule 2 to the Act, or determination under paragraph 21(3) of that Schedule, together with their reasons —
a
the proposers;
b
subject to paragraph (5), each objector;
c
the Secretary of State;
d
where proposals include provision for 14-16 education or sixth form education, the Learning and Skills Council for England;
e
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;
f
the bishop of a diocese of the Roman Catholic Church any part of which is comprised in the area of the local education authority;
g
where the proposals concern a special school —
i
the relevant Primary Care Trust for the area in which the school is situated, and
ii
the NHS trust or NHS foundation trust responsible for hospital or other provision in the area in which the school is situated; and
h
the adjudicator.
2
In the case of any determination made by an authority pursuant to paragraph 19 of Schedule 2 to the Act, the authority must notify the governing body of the school which is the subject of the proposals and the Secretary of State.
3
The authority must notify the persons referred to in sub-paragraphs (a) to (c) of paragraph (1) if they refer any proposals or matter to the adjudicator under paragraph 10, 11 or 13 of Schedule 2 to the Act (or pursuant to a direction under paragraph 12 of that Schedule).
4
The adjudicator must notify the persons referred to in sub-paragraphs (1)(a) to (g) and the local education authority of each decision, together with his reasons.
5
Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the local education authority or the adjudicator as the case may be may comply with paragraph (1) (b) by —
a
notifying the person (if any) who appears to them or him to have arranged for the petition to be sent to the local education authority; or
b
if there is no such person, notifying the objector whose name appears first on the petition.
6
Where proposals have been sent to the authority or adjudicator as the case may be, they or he must notify the proposers or the local education authority, as the case may be, if any further proposals sent to them or him appear to them or him, pursuant to paragraph 9 (2) of Schedule 2 to the Act, to be related.
Publication of revocation proposals
26
1
Schedule 6 has effect for the purpose of applying, with modifications where specified, provisions of Part 1 of Schedule 2 to the Act in relation to proposals published under paragraph 21(4) of Schedule 2 to the Act (“revocation proposals”).
2
Revocation proposals must contain —
a
a description of the original proposals as published in accordance with sections 7, 10, 11 or 15;
b
the date of publication of the original proposals;
c
details of who published the proposals; and
d
a statement as to why it is proposed that, in accordance with paragraph 21(3), paragraph 21(1) of Schedule 2 to the Act (duty to implement proposals) should not apply in relation to the original proposals.
3
Revocation proposals must be published in at least one newspaper circulating in the area to be served by the school, posted in a conspicuous place in the area to be served by the school, and where the original proposals are discontinuance proposals, posted at or near the main entrance to the school, or if there is more than one entrance, all of them.
4
The proposers must submit their revocation proposals within 1 week of the date of publication to the local education authority.
5
Where the initial decision in relation to the original proposals was made by the adjudicator, the local education authority must refer the revocation proposals, together with any objections or comments in relation to them, to him, within 2 weeks of the end of the period for making objections and comments prescribed in paragraph 5 of Schedule 2 to the Act as modified by Schedule 6 to these Regulations.
Modifying proposals or specifying a later date for a conditional approval
27
1
In relation to paragraph 21 (2) of Schedule 2 to the Act (power to modify proposals or specify a later date in respect of a conditional approval), the local education authority must refer to the adjudicator cases where the initial decision in relation to the original proposals was made by him within 2 weeks of the request from the proposers, or the decision of the authority, as the case may be.
2
Before modifying proposals under paragraph 21 (2) (a) of Schedule 2 to the Act the local education authority (or the adjudicator in cases where the local authority has referred the proposals to the adjudicator pursuant to paragraph (1)) must consult —
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.
Reference to adjudicator at the request of aggrieved person after determination under paragraph 21 (4) of Schedule 2 to the Act
28
Where a reference is made under paragraph 14 of Schedule 2 to the Act as modified by Schedule 6 to these Regulations, the local education authority must send to the adjudicator within the time specified by paragraph 14 (1) of Schedule 2 as modified by Schedule 6 to these Regulations, any objections or comments in relation to the proposals together with minutes of the meeting at which the proposals published under paragraph 21 (4) of Schedule 2 to the Act were considered, and any papers considered by the authority at that meeting.
Schools established outside the area of relevant local education authority
29
1
Part 1 of Schedule 7 has effect for specifying the modifications to which section 7 and Schedule 2 to the Act are to be subject where proposals published under section 7 relate to a school which is proposed to be situated in an area other than that of the local education authority who published the notice.
2
Part 2 of Schedule 7 has effect for specifying the modifications to which section 10 and 11 and Schedule 2 to the Act are to be subject where proposals published under section 10 or 11 relate to a school which it is proposed be established in an area other than that of the local education authority who it is proposed should maintain the school.
PART 6 Consultation and revocation
Consultation
30
If before 25th May 2007 any action was taken which (had it been taken on or after that day) would to any extent have satisfied the requirements of section 9, section 10 (4), section 11(6) or section 16, those requirements are to that extent to be treated as satisfied.
Revocation
31
The regulations specified in Schedule 8 are revoked.
Jim Knight
Minister of State
Department for Education and Skills
26th April 2007


text:
Citation and commencement
1
This Order may be cited as the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 and comes into force on 1st September 2008.
Interpretation
2
In this Order —
“the Act” means the Childcare Act 2006;
“ the Document ” means the Document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State .
Specification of the learning and development requirements
3
1
It is directed that the provisions in Section 2 of the Document have effect for the purposes of specifying the learning and development requirements under section 39(1)(a) of the Act.
2
Early years providers to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies must have regard to the guidance in Section 2 of the Document in securing that the early years provision they provide meets the learning and development requirements.
Further provisions about assessment arrangements
4
1
An English local authority must make provision to ensure the accuracy and consistency of the assessments made by early years providers in their area.
2
An English local authority must have regard to any guidance given by the Qualifications and Curriculum Authority in exercising their function under paragraph (1).
3
An early years provider must permit any person authorised by an English local authority for the purposes of exercising their function under paragraph (1) —
a
to enter the premises on which the early years provision is provided;
b
to observe the implementation of the assessment arrangements; and
c
to inspect, and take copies of, documents and other articles relating to EYFS profiles and assessment arrangements.
4
In this article “EYFS profile” has the same meaning as in Section 2 of the Document .
Requirement on Chief Inspector
5
The Chief Inspector must have regard to the requirements and guidance in Section 2 of the Document in exercising her functions under Part 3 of the Act.
Matters to be considered by the Chief Inspector
6
Any allegation that an early years provider has —
a
failed to meet the learning and development requirements prescribed in Section 2 of the Document; or
b
failed to have regard to the guidance in Section 2 of the Document
may be taken into account by the Chief Inspector in the exercise of her functions under Part 3 of the Act.
Proceedings under Part 3 of the Act
7
Any allegation that an early years provider has —
a
failed to meet the learning and development requirements prescribed in Section 2 of the Document; or
b
failed to have regard to the guidance in Section 2 of the Document
may be taken into account in any proceedings under Part 3 of the Act.
Beverley Hughes
Minister of State
Department for Education and Skills
20th June 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Parliamentary Commissioner Order 2007 and shall come into force on 30th January 2008.
2
In this Order “ the Act ” means the Parliamentary Commissioner Act 1967.
Amendment to Schedule 2 to the Act
2
For Schedule 2 to the Act (Departments etc. subject to investigation), substitute the schedule set out in Schedule 1 to this Order.
Amendment to Schedule 4 to the Act
3
For Schedule 4 to the Act (Relevant tribunals for the purposes of section 5(7)), substitute the schedule set out in Schedule 2 to this Order.
Revocation
4
The Orders specified in Schedule 3 to this Order are revoked to the extent stated.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Attendance Targets) (England) Regulations 2007 and come into force on 1 st September 2007.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
persistent absence” means absence for any reason or combination of reasons for a number of sessions which totals at least twenty percent of the national average of sessions available in the statistical reporting period, and “persistently absent” is construed accordingly;
“pupils” means relevant day pupils;
“school year” means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;
“statistical reporting period” means that part of the school year for which schools are required by the local education authority to return absence data to the Secretary of State in the school census and in this paragraph “school census” means the arrangement (known by that name) under which the Secretary of State collects information about schools each year; and
“total possible attendances” means the number produced by multiplying the number of pupils at the school by the number of school sessions in the applicable period in that year.
Duty on schools to set targets to reduce absence
3
The governing body of every school maintained by a local education authority other than a special school established in a hospital must set annual targets for reducing the number of absences from school in accordance with regulation 4.
4
1
The governing body must set a target and must submit it to the local education authority —
a
by 31 st December 2007 for the school year commencing in 2008; and
b
for each subsequent school year, by 31 st December of the preceding year.
2
The annual target is the total number of absences which the governing body intends that pupils at the school will not exceed in the school year, expressed as a percentage of the total possible attendances by pupils at the school.
Duty on schools to set focused absence targets
5
1
Where the Secretary of State gives notice to the governing body of a school under regulation 6, 7, or 8, that body must secure that a target as specified in regulation 6, 7 or 8 (as the case may be) is also set for the school in respect of each school year specified in the notice.
2
A target set in accordance with paragraph (1) must be submitted to the relevant local education authority by the date stated in the notice.
6
1
Where —
a
the Secretary of State is satisfied that it is appropriate; and
b
it appears to the Secretary of State that a school has, for one or more groups of pupils at the school, a level of absence higher than the national average for that group,
the Secretary of State may give notice to the governing body of that school in accordance with regulation 9 that it is to set a target to reduce the level of absence in each of those groups.
2
The target to be set is the number of absences of pupils in that group which the governing body intends that pupils in that group will not exceed in the school year, expressed as a percentage of the total number of possible attendances for that group.
3
For the purposes of this regulation a group of pupils is any category of pupils specified in the notice.
7
1
Where —
a
the Secretary of State is satisfied that it is appropriate; and
b
it appears to the Secretary of State that the level of absence in a school for any reason specified in the notice is higher than the national average for that reason,
the Secretary of State may give notice to the governing body of that school in accordance with regulation 9 that it is to set a target to reduce the level of absence for that reason.
2
The target to be set is the total number of absences of pupils for that reason which the governing body intends that pupils at the school will not exceed in the school year, expressed as a percentage of the total number of possible attendances for the pupils absent for that reason.
8
1
Where —
a
the Secretary of State is satisfied that it is appropriate; and
b
it appears to the Secretary of State that the level of persistent absence in a school is higher than the national average level of persistent absence,
the Secretary of State may give notice to the governing body of that school in accordance with regulation 9 that it is to set a target to reduce the level of persistent absence in that school.
2
The target to be set is the total number of pupils in that school who are persistently absent expressed as a percentage of the total number of relevant day pupils for that school.
9
1
The notice referred to in regulations 6, 7 and 8 —
a
must be given in writing;
b
must be dated; and
c
must contain a date by which the target should be submitted to the local education authority.
Agreement and notification of targets
10
1
Where the local education authority is not satisfied with a target submitted by a governing body pursuant to regulation 4 or 5, it must forthwith give notice to the governing body; and the governing body must submit a revised target within 21 days of receipt of such a notice.
2
Where the local education authority is not satisfied with a revised target submitted under paragraph (1) it must set the target.
3
The local education authority must within one month of each of the dates in regulations 4(1) and 9(1)(c) above or as soon as possible after that date notify the Secretary of State that —
a
all the targets required to be set by regulation 5 maintained by that authority, and
b
any targets it has decided to set pursuant to paragraph(2),
have been set.
11
On receipt of a request by the Secretary of State, the local education authority must supply, within 14 days of the date of such a request, any target set under regulations 4, 5 or 10(2).
Modification of targets
12
A governing body must not modify any target set pursuant to these regulations which has been notified to the Secretary of State pursuant to regulation 10(3) without the agreement of the local education authority.
Revocation
13
The Education (School Attendance Targets) (England) Regulations 2005 are revoked.
Signatory text
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
25 July 2007


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) Regulations 2007 and come into force on 10th September 2007.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations─
“the 1996 Act ” means the Education Act 1996;
“the 2002 Act ” means the Education Act 2002 ;
“assessment” ─
in relation to a maintained school, means assessment pursuant to orders made or having effect as if made under section 87 of the 2002 Act and “level” is to be construed in accordance with the provisions of such orders; and
in relation to an Academy or a CTC , means assessment pursuant to an agreement made under section 482 of the 1996 Act ;
“assessment term” means the term in which assessment is completed;
“attainment target” has the meaning given by section 76 of the 2002 Act;
“authority” means─
in relation to a school maintained by a local education authority, that authority; and
in relation to a non-maintained special school or an independent school, the local education authority in whose area the school is situated;
“a child looked after by a local authority” is to be interpreted in accordance with section 22(1) of the Children Act 1989 ;
“CTC” means city technology college or city college for the technology of the arts;
“core subject” means English, mathematics or science;
“ the Document ” means the document entitled “Foundation Stage and Key Stage 1 Assessment and Reporting Arrangements” published by the Qualifications and Curriculum Authority pursuant to section 87(11) of 2002 Act and article 9 of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 ;
“external marking agency” means a body nominated by the Qualifications and Curriculum Authority and approved by the Secretary of State to mark NC tests;
“maintained school” means─
any community, foundation or voluntary school; or
any community or foundation special school which is not established in a hospital
but excludes any nursery school;
“middle deemed secondary school” means a middle school deemed to be a secondary school by virtue of the Education (Middle School) (England) Regulations 2002 ;
“National Data Collection Agency” means a person appointed by the Qualifications and Curriculum Authority for the purpose of collating information about pupils’ National Curriculum assessment results.
“NC tests” means National Curriculum tests administered to pupils for the purposes of assessing the level of attainment which they have achieved in any core subject being tests laid down in provisions made by the Secretary of State under the appropriate order made or having effect as if made under section 87 of the 2002 Act in force when those tests were administered;
“non-maintained special school” means a special school which is not maintained by a local education authority;
“P-level” means, for those pupils with special educational needs, the National Curriculum level of attainment below level 1 as specified by the Secretary of State in an order made or having effect as if made under section 87 of the 2002 Act;
“reporting school year” means the school year immediately preceding the school year in which information provided to the Secretary of State is to be published by him or, as the case may be, by the authority;
“school action” means the action referred to in paragraphs 5.43 to 5.49, in relation to primary schools, and paragraphs 6.50 to 6.57, in relation to secondary schools, of the Special Educational Needs Code of Practice;
“school action plus” means the action referred to in paragraphs 5.54 to 5.61 in relation to primary schools and paragraphs 6.62 to 6.69 in relation to secondary schools of the Special Educational Needs Code of Practice;
“school day” has the meaning given by section 579(1) of the 1996 Act;
“school year” has the meaning given by section 579(1) of the 1996 Act ;
“special educational needs” has the meaning given by section 312(1) of the 1996 Act ;
“Special Educational Needs Code of Practice” means the Code of Practice of that title issued under section 313 of the 1996 Act in November 2001;
“special school” has the meaning given by section 337 of the 1996 Act ;
“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) (England) Regulations 2006 and “authorised absence” is to be construed accordingly.
2
Except in regulation 13 and paragraph 1(3) of Schedule 5, in these Regulations references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August preceding the commencement of the reporting school year, where the reporting school year begins after that date, or the 31st August which falls within the reporting school year, where the reporting school year begins on or before that date, and who were registered pupils at the school on the third Thursday in the reporting school year.
3
In these Regulations references to key stages are references to the periods set out in section 82(1) of the 2002 Act.
4
Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by a computer.
5
For the purposes of these Regulations any examination for which a pupil aged 15 was entered during a previous school year is to be treated as such an examination for which the pupil was entered during the reporting school year.
6
Information relating to authorised or unauthorised absences must not include any information relating to any period after the Friday before the last Monday in May in the reporting school year.
Qualification of Duties
3
The duties of governing bodies, authorities and proprietors to make available, provide or publish information apply only to the extent that the information is available to them in time for it to be reasonably practicable for them to make available, provide or publish that information before the latest occasion on which that information is required to be made available, provided or published.
PART 2 Provision of Information by Head Teacher
Provision of information by head teacher to governing body
4
The head teacher of every maintained school must each year make available to the governing body information about the matters mentioned in Schedules 1 to 7 for the purposes of enabling the governing body to comply with their obligations in respect of those matters.
PART 3 Provision of Information to the Secretary of State and Local Authorities
Provision of information about first key stage assessment results to local authorities
5
The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage must each year, by the end of that term, provide to the authority the information relating to assessment referred to in Schedule 1.
Provision of information about second key stage assessment results to the Secretary of State
6
The governing body of every maintained primary or middle deemed secondary school and the proprietor of every Academy must, within two weeks of receiving a written request from the Secretary of State, provide him with the information for the reporting school year referred to in Schedule 2.
Provision of information about third key stage assessment results to the Secretary of State
7
The governing body of every maintained secondary school and the proprietor of every Academy or CTC must, within two weeks of receiving a written request from the Secretary of State, provide him with the information for the reporting school year referred to in Schedule 3.
Provision of information about fourth key stage results to the Secretary of State
8
The governing body of every maintained school and the proprietor of every non-maintained special school or independent school which has registered pupils who are at or near the end of the final year of the fourth key stage or who are aged 15 but are not at or near the end of the final year of the fourth key stage must, within two weeks of receiving a written request from the Secretary of State, provide him with the information specified in Part 1 of Schedule 4.
Provision of information about the results of pupils aged 16, 17 and 18 to the Secretary of State
9
The governing body of every maintained school and the proprietor of every non-maintained special school or independent school which has registered pupils who are aged 16, 17 or 18, must, within two weeks of receiving a written request from the Secretary of State, provide him with the information specified in Part 2 of Schedule 4.
Provision of information about authorised and unauthorised absence to the Secretary of State
10
1
Subject to paragraph (2), the governing body of every maintained school and the proprietor of every Academy, CTC and non-maintained special school must, within two weeks of receiving a written request by the Secretary of State, provide him with the information for the reporting year specified in Schedule 5.
2
This regulation does not apply in respect of a school providing education for boarding pupils only.
Provision of general information about secondary schools to the Secretary of State
11
The governing body of every maintained secondary school and the proprietor of every non-maintained special school or independent school with pupils aged 15 must, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 6.
Provision of general information about primary schools to the Secretary of State
12
The governing body of every maintained primary or middle deemed secondary school and the proprietor of every Academy with pupils aged 10 years, must, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 7.
PART 4 Provision of Information to the National Data Collection Agency and the External Marking Agency
Provision of information about second and third key stage assessment results to the National Data Collection Agency
13
1
The governing body of every maintained school and the proprietor of every Academy which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage or, in the case of an Academy has registered pupils aged 11 years, must, each year, on or before 11th July, provide to the National Data Collection Agency the information relating to assessment referred to in Part 1 of Schedule 8.
2
The governing body of every maintained school and the proprietor of every Academy or CTC which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage or, in the case of an Academy or a CTC has registered pupils aged 14, must each year, on or before 11th July, provide to the National Data Collection Agency the information relating to assessment referred to in Part 2 of Schedule 8.
Provision of information about second and third key stage assessments to the external marking agency
14
1
The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, must each year, as soon as reasonably practicable after the last school day on which NC tests are administered to those pupils in each subject, provide the information referred to in Part 3 of Schedule 8 to the external marking agency determined by the Qualifications and Curriculum Authority and notified by them to the head teacher of the school pursuant to article 5(3) of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 .
2
The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, must each year, as soon as reasonably practicable after the last school day on which NC tests are administered to those pupils in each subject, provide the information referred to in Part 4 of Schedule 8 to the external marking agency determined by the Qualifications and Curriculum Authority and notified by them to the head teacher of the school pursuant to article 8(3) of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 .
PART 5 Revocations
Revocations and Savings
15
1
Subject to paragraph (2), the Regulations referred to in Schedule 9 are revoked.
2
The revocation of the Regulations referred to in Schedule 9 does not relieve any person of any duty to make available, provide or publish information which has not been performed before the date that these Regulations come into force.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Children, Schools and Families
7th August 2007