AT A MEETING of the SCHOOL ORGANISATION COMMITTEE held at the Castle, Winchester on Thursday, 29 April 2004.

PRESENT:

Hampshire County Council

Councillors: Don Allen

Brian Dash
Raymond Ellis

Jo Kelly

Mrs. Edith Randall

Dr. John Wall

Church of England

Alex Young

Brian Hay

Canon Richard Lindley (Chairman)

Roman Catholic Church

Mrs. Urszula Topp

School Governors

Jim Murray

Jack Carruthers

Alan Fender

Tom Wickstead

Mrs Bobby Smith

Apologies

Councillor Michael Cartwright - Hampshire County Council

Rob Wood - Church of England

Veronica Roberts - Roman Catholic Church

Mrs Sheila Allen - Roman Catholic Church

Stephanie Quant - Learning and Skills Council

Mrs Sylvia Vine - School Governors

105 CHAIRMAN'S COMMUNICATIONS

The Chairman opened the meeting and welcomed those in attendance, in particular he welcomed Mrs Bobby Smith representing the school governors to her first meeting of the Committee and Mr. Steve Erskine from the Department for Education and Skills (DfES) who had conducted a training session prior to the commencement of the meeting.

106 MINUTES

The Minutes of the meeting held on Tuesday 16 December, 2003 were confirmed as a correct record and signed by the Chairman.

Matters arising thereon:

Minute No. 103 - School Organisation Plan 2003/04 - 2007/08

The Committee were informed that legislation governing plans required of Local Education Authorities (LEA's) had not yet been passed. In the meantime, the LEA intended to publish a review to update the data in the approved SOP and that this would be subject to consultation with the School Organisation Committee (SOC). It was anticipated that the review would be submitted to the SOC in July, 2004.

107 DEPUTATIONS

No deputations were received under this item.

108 SCHOOL ORGANISATION COMMITTEE - MODIFIED CONSTITUTION

The Committee unanimously waived its Standing Orders relating to the requirement to give Members 7 working days notice of agenda items and agreed to consider the modified constitution for the Committee. It was noted that a copy of the modified draft constitution had been forwarded to Members 5 clear working days before the meeting.

The Legal Adviser to the Committee reported that the constitution required revision in light of changes in legislation. For the benefit of Members the Legal Adviser highlighted the main changes in the document.

RESOLVED:

That the modified constitution as set out in Appendix I to these minutes be approved.

109 SCHOOL ORGANISATION BUDGET 2003/04 and 2004/05

The Committee considered the report of the Chief Executive of Hampshire County Council (Item 5 in the Minute Book refers) setting out the budget of the Committee as required by the School Standards and Framework Act 1998.

The Legal Adviser to the Committee reported that this item was out of time due to difficulties aligning committee meetings with financial years. To resolve this obstacle it was suggested that the annual budget report be submitted to each September meeting or as soon after as practicable.

RESOLVED:

(i) That the proposed statement of the estimated expenses of the Committee be

agreed for submission to the County Council for approval.

(ii) That the annual budget report be submitted to each September meeting or as soon after as practicable.


(Councillor Mrs Jo Kelly declared a non-pecuniary interest as local ward member in the following item and remained in the meeting room and took part in the group consideration)

110 MODIFICATION OF APPROVAL - WORTING INFANT AND JUNIOR SCHOOLS - CLOSURE AND ESTABLISHMENT OF A NEW PRIMARY SCHOOL

The Committee considered a request from the LEA (in accordance with Paragraph 5(2) of Schedule 6 of the 1998 Act) to modify its approval given for this reorganisation by removing the condition relating to planning permission. (Item No. 6 in the Minute Book refers).

It was noted that the Committee at its meeting on 23 May, 2003 gave conditional approval for this reorganisation. The approval was conditional upon the grant of planning permission. The LEA explained that it would now be preferable to implement the approved reorganisation initially using the buildings of both schools (Implementation would still take place on 31 August/1September, 2004). This would allow more flexibility in the use of accommodation and, in particular, decanting of some pupils into the former infant school whilst building work was taking place in the former junior school.

The SOC unanimously agreed to modify its approval given for this reorganisation by removing the condition relating to planning permission.


RESOLVED:

That the approval given for the reorganisation of Worting Infant and Junior School be modified by the removal of the condition relating to planning permission.

111 MODIFICATION OF APPROVAL - MEDECROFT OPPORTUNITY CENTRE, WINCHESTER - PROPOSAL TO DISCONTINUE

The Committee considered a request from the LEA (in accordance with Paragraph 5(2) of Schedule 6 of the 1998 Act) to amend the implementation date for the closure of Medecroft Opportunity Centre to 31 August, 2005 (Item No. 6 in the Minute Book refers).

It was noted that on 5 May, 2000 the LEA published a statutory notice detailing the proposed closure of Medecroft Opportunity Centre with effect from 31 December, 2002. No objections were received and on 14 July, 2000 the LEA determined (in accordance with the School Standards and Framework Act 1998 Schedule 6, Paragraph 4(1)) that the proposals should be implemented. However, the LEA had not yet implemented the closure. The LEA therefore requested the SOC (in accordance with Paragraph 5(2) of Schedule 6 of the 1998 Act) to amend the implementation date of the closure to 31 August, 2005.

The closure of Medecroft Opportunity Centre was linked to the closure of the nursery unit at St. Bede CE Primary School (which was determined on 22 December, 1999 by the Secretary of State). The LEA had invited the Governing Body of St. Bede School to request the Secretary of State to modify the closure of the nursery in order to bring that closure in line with the closure of Medecroft Opportunity Centre.

The Committee unanimously agreed to amend the implementation date for the closure of Medecroft Opportunity Centre to 31 August, 2005. In doing so, the Committee noted the minor change in the location of the proposed Early Years Centre to which the children attending Medecroft Opportunity Centre would be expected to transfer

RESOLVED:

That the implementation date for closure of Medecroft Opportunity Centre be modified to 31 August 2005.

(Jack Carruthers declared a non-pecuniary interest in the following item and remained in the meeting room and took part in the group consideration )

112 THE SUNDRIDGE SCHOOL, COWPLAIN - ENLARGEMENT AND TRANSFER TO NEW SITE

The Committee were informed that no objections had been received in response to the notices published on 26 January 2004 (Item 8 in the Minute Book refers). It was, however, noted that the LEA would not, however, be in a position to make a formal determination by 25 May 2004 as planning permission had been delayed for the disposal of the site and new schools. Accordingly, the Committee were asked to note the situation.

RESOLVED:

That the item be noted.

113 CHERBOURG PRIMARY SCHOOL, EASTLEIGH - ESTABLISHMENT OF A UNIT FOR PUPILS WITH BEHAVIOUR, EMOTIONAL AND SOCIAL DIFFICULTY

The Committee were informed that one objection had been received and subsequently withdrawn in response to the public notices published on 13 February 2004 and accordingly, the LEA had determined to implement the proposal as set out in the notice. (Item No. 9 in the Minute Book refers).

RESOLVED:

That the action taken by the LEA be noted.

THE HAMPSHIRE SCHOOL ORGANISATION COMMITTEE Appendix I

CONSTITUTION

PART I: COMMITTEE MEMBERSHIP

1. Membership of the Committee and Groups

1.1. The Committee shall consist of the following members appointed by Hampshire County Council ("the Council") to the following five Groups -

(a) Seven persons who are members of the Council ("the LEA Members") collectively called the "LEA Group";

(b) Five persons ("the Church of England Members") as the Church of England Dioceses decide to nominate, collectively called "the Church
of England Group";

(c) Three persons ("the Roman Catholic Members") as the Roman
Catholic Bishop of Portsmouth decides to nominate, collectively called
"the Roman Catholic Group";

(d) One person ("the LSC Member") nominated by the Learning and Skills Council called "the LSC Group";

(e) Seven persons who are members (other than those who are also
Councillors) of the governing body of a Relevant School ("Schools Members") collectively called the "Schools Group".

Subject to paragraph 4 of the Schedule of the Education (School Organisation Committees) (England) Regulations 1999 ("the SOC Regulations"), a Relevant School is any school maintained by the County Council which falls into one of the following categories -

(i) community and community special schools;

(ii) foundation and foundation special schools; and

(iii) voluntary schools, other than Church of England or Roman Catholic Church schools.

1.2. The persons appointed by the Council as Schools Members must satisfy the requirements of Regulation 5 of the SOC Regulations as to both the composition of the Schools Group and the number of persons to be appointed members of the Committee as part of that Group.

1.3. Each Group shall appoint one of their number to act as its Convener.

1.4. Providing a quorum is present, the absence of one or more Members or Groups from a meeting of the Committee shall not invalidate its proceedings.

1.5. The Committee may invite the attendance of people with particular expertise, who might have opportunities to speak at meetings, but not to vote.

2. Tenure and Conduct of Members

2.1. Subject to paragraphs 2.2 and 2.3 below, persons appointed to be members of the Committee shall hold and vacate office in accordance with their terms of appointment and shall, on ceasing to be members of the Committee, be eligible for re-appointment.

2.2. All members of the Committee shall be appointed as a member for a fixed period of three years subject to earlier termination as provided for below.

2.3. A member is appointed on the following terms:

2.3.1 members should act in accordance with the seven principles of public life: selflessness, integrity, objectivity, accountability, openness, honesty and leadership;

2.3.2 members should abide by the National Code of Local Government Conduct: if a proposal directly affects either a school at which they are a governor or which their children attend or in which they have a pecuniary interest, a member should declare that interest and withdraw from the meeting and take no part in the decision. In considering the declaration of an interest, a member should consider whether a member of the public, knowing the facts of the situation, would reasonably think that the member might be influenced by the interest;

2.3.3 members shall use their reasonable endeavours to attend all meetings of the Committee. If a member does not attend for three consecutive meetings, even where an alternate attended on his or her behalf, then the Committee will determine at the third consecutive meeting whether to recommend to the Council that the member should not continue to serve on the Committee (guidance recommends that this provision should not apply to the LSC Member who does not attend because the statutory proposals to be considered have no effect on post-16 provision);

2.3.4 a member may resign his or her membership at any time by giving written notice to the Council;

2.3.5 a member shall vacate his or her office -

(a) at the end of the fixed period of three years, unless he or she is re-appointed;

(b) if his or her membership is terminated under Regulation 7(2) of the SOC
Regulations (Review of membership of Schools Group) in accordance with
paragraph 3 below;

(c) if, in the case of Church of England Member, Roman Catholic Member or LSC
Member, the body which nominated the member is of the opinion that the
member should no longer be a member of the Committee and notifies the
Secretary accordingly;

(cdc) where the person is an LEA Member, if he or she ceases to be a member of the Council or if the Council has removed the member in order to retain the political balance of the Group;

(e) where the person is a member of the Schools Group, if -


(i) Where paragraph 4(1) of the Schedule to the SOC Regulations applies, he or she ceases to be a member of the governing body of a Relevant School maintained by the Council; or

(ii) Where paragraph 4(2) of that Schedule applies, he or she ceases to be a member of the governing body of a Relevant School; and

(f) if his or her membership is terminated by the Council following a determination
by the Committee that the member has not acted in accordance with his or her
terms of appointment as set out in sub-paragraphs 2.3.1 to 2.3.3 above.

3. Review of Membership of Schools Group

3.1. In February 2000, and in the February of each subsequent year, the Council shall review the membership of the Schools Group in accordance with Regulations 5 and 7 of the SOC Regulations.

3.2. In the light of each such review the Council shall exercise its powers to appoint members of the Committee and may terminate the membership of any Schools Member by giving one month's written notice -

(a) insofar as is necessary in order to secure that the composition of the Schools Group complies with the Schedule to the SOC Regulations; and

(b) insofar as the Council considers it appropriate having regard to the matter
specified in Regulation 5(7)(b) of those Regulations.

4. Appointment of Alternate Members

4.1. Subject to paragraphs 4.4 to 4.6 below, any member of the Committee may nominate a person to act as an "Alternate Member" to attend meetings of the Committee in his or her absence.

4.2. A nomination under paragraph 4.1 shall be given by giving written notice to the Secretary, and shall remain effective until it is withdrawn.

4.3. Where a member has nominated an Alternate Member, the Alternate Member may attend meetings and vote in place of that member.

4.4. A LEA Member may only nominate an Alternate Member who is him/herself a member of the Council.

4.5. Church of England, Roman Catholic or LSC Members may not nominate a person to be an Alternate Member unless the body by which the member was him/herself nominated first consents to the proposed nomination.

4.6. A School Member may only nominate a person to be an Alternate Member if the person to be nominated is a governor of a Relevant School which -

(a) is of the same type (e.g. primary, secondary etc) as the school of which
the member in question is a governor;

(b) is of the same category (e.g. community, voluntary aided etc) as the school of which the member in question is a governor; and

(c) where paragraph 4(1) of the Schedule to the SOC Regulations applies,
is maintained by the authority.

4.7. For the avoidance of doubt, if an Alternate Member attends a meeting of the Committee the person he or she represents may not attend that meeting once the proceedings of the Committee have started.

PART II: COMMITTEE PROCEDURE

5. Proceedings of the Committee

5.1. Subject to any rule of law, the Committee shall regulate its own procedures and proceedings in accordance with Part II of this Constitution.

5.2. The validity of any proceedings of the Committee shall not be affected by any vacancy among the members or by any defect in their appointment.

5.3. Except in cases where group voting (see paragraph 8 below) applies, any question or other recommendation to be decided at a meeting of the Committee shall be decided by a majority of the votes cast by individual members present and voting on the question and, in the case of an equality of votes, the Chairman shall have a second or casting vote.

5.4. When taking a decision, the Committee shall have regard (so far as relevant) to the obligations which by virtue of:

(a) Part III of the Sex Discrimination Act 1975;

(b) Part III (or Section 71) of the Race Relations Act 1976; or

(c) Chapter 1 of Part 4 of the Disability Act 1995

are owed by the Council or any governing body which will be affected by the decision.

5.5 If the Committee considers that insufficient information has been provided, either by the Proposers or the objectors, then members are entitled to ask for additional information. If necessary, the meeting can be adjourned in order for such information to be obtained.

6. Election of Chairman and Vice-Chairman

6.1. At -

(a) their first meeting; and

(b) each meeting referred to in paragraph 6.2 below,

the Committee shall elect a Chairman and Vice-Chairman by a simple majority of those members attending and voting.

6.2. The Chairman and Vice-Chairman shall hold office until the next meeting which falls after the date which is a year after the meeting at which the Chairman or Vice-Chairman was elected and on ceasing to hold office shall be eligible for re-election in the same manner.

6.3. In the event of a casual vacancy occurring in the office of Chairman or Vice-Chairman, the Committee shall at their next meeting elect (in the same manner in paragraph 6.1 above) one of their number to fill that vacancy and a member so elected shall hold office until the date of the meeting at which the Chairman or Vice-Chairman would have held office had the casual vacancy not occurred.

6.4. A Chairman or Vice-Chairman shall cease to hold office -

(a) if he or she resigns his office by written notice given to the Secretary, or

(b) if he or she ceases to be a member of the Committee.

6.5. In the absence of the Chairman and Vice-Chairman after fifteen minutes from the time the Committee is due to meet then the Committee shall, by a simple majority of members attending and voting, appoint one of their number to preside as Chairman of that meeting, who shall exercise the powers of the Chairman under this Constitution.

7. Quorum

7.1. The quorum without which the Committee may not transact any business shall be such number as is not less than one third of the total number of persons appointed as members of the Committee provided always that of those members present at least three of the five Groups referred to in paragraph 1.1 above shall be represented.

7.2. If after fifteen minutes from the time the Committee was due to meet, a quorum is not present, then the meeting shall stand adjourned.

8. Procedure for Groups to Decide How to Cast Their Single Vote ("Group Voting")

8.1. Where relevant requirements state that Group Voting is to apply then the following provisions of this paragraph 8 shall apply for the purposes of each Group deciding how it shall collectively cast its single vote, or whether it will abstain.

8.2. Unless the Group otherwise determines, a Group shall decide, by a simple majority of the members of the Group attending the Committee and voting, how it will collectively cast its single vote on any proposal, question or other matter.

8.3. Each member of a Group shall have one vote only or may abstain. For the avoidance of doubt no member of a Group shall have a second or casting vote.

8.4. In the event of any equality of votes cast by members of the Group, the Group shall abstain from casting its single vote.

8.5. If required to do so by the Chairman after the period referred to in paragraph 9.2(i) below has elapsed, the Group shall forthwith take a vote as to how it wishes to cast its single vote or whether it wishes to abstain.

8.6. Each Group's Convener shall cast the Group's single vote or announce that the Group is to abstain, in accordance with his or her Group's wishes as determined above.

9. Committee Procedure Where Group Voting Applies

9.1. Where an item on the agenda contains a proposal in respect of which relevant requirements provide that Group Voting is to apply, then the Committee shall determine the proposal in accordance with this paragraph 9.

9.2. (a) The proposal and related report shall be tabled by the Chairman for
the Committee's determination;

(b) The Committee shall hear any deputation relating to the proposal, in
accordance with paragraph 12 below.

(c) The Proposer shall introduce the item and explain the proposal and related report
to the Committee;

(d) At his or her discretion, the Chairman may allow any other person to address the Committee;

(e) Members may ask questions of the persons who have addressed the Committee;

(f) Members of the Committee shall then debate the proposal and related
report. Any member may move an amendment to modify the proposal
("a modification") or to impose a condition upon their approval ("a
condition"). Where a modification is moved, the Committee shall
follow the procedure set out in paragraph 10 below. If a condition is
moved, the Committee shall follow the procedure set out in paragraph
11 below;

(g) The Chairman shall then adjourn the Committee and its constituent Groups shall convene for the purpose of deciding how and whether to cast their single votes on the proposal;


(h) The time allowed for Groups to decide how to cast their single votes shall be of such length as the Chairman in his or her discretion directs normally being not less than 15 minutes in any event;


(i) When -

(i) each Group's Convener has indicated to the Chairman that his/her Group
has decided how to cast its single vote; or

(ii) such time as the Chairman has indicated that the Committee shall be
adjourned for that purpose has elapsed,

(whichever period is the shorter) then the Chairman may reconvene the Committee, which shall then resume its sitting;


(j) In its determination of the proposal the Committee may by unanimous decision
making do one of the following -

(i) Reject the proposal;

(ii) approve the proposal without modification or condition;

(iii) give conditional approval to the proposal (with or without modification) subject to paragraphs 10 and 11 as appropriate; or


(iv) approve the proposal with modification subject to paragraph 10; and

(k) The Chairman shall put the proposal(s) to the vote -

(i) each Group shall have a single vote in respect of the proposal, or may abstain;

(ii) each Convener shall declare his or her Group's abstention or cast his or her Group's single vote in accordance with his or her Group's wishes as determined under paragraph 8.

(iii) a decision of the Committee (in accordance with paragraph 9.2(j) above) requires unanimity in the votes cast by the Groups (abstentions by any Group shall not be regarded as a vote against). Where the Committee fails to reach a unanimous decision, the Committee must refer the proposal to the Adjudicator.

10 Where a Modification is Proposed

10.1 A proposed modification must not in effect substitute the member's own proposal for the one that has been published. Therefore, any proposed modification -

(a) must not significantly alter the proposal or so alter it that it would be substantially different from the proposal which had been consulted upon; and

(b) must not be inconsistent with or negate the purpose of the proposal.


If a proposed modification contravenes either (a) or (b) above, the proper thing for a member to do is to vote against the proposed modification.

10.2 The Chairman shall ask whether the proposed modification is seconded by another member;

10.3 The Committee may debate any proposed modifications that have been moved. No member shall be constrained in the debate by any decision his or her Group has previously taken (whether at previous meetings of the Committee or otherwise) in connection with the proposal under discussion.

10.4 Before the Committee can approve a proposal with a modification, the Committee must consult certain persons and bodies (as prescribed by regulations) about the proposed modification. Therefore, the Chairman shall put the matter of consultation to the vote, provided that -

(a) where more than one modification is seconded, the Committee shall vote in respect of each proposed modification in the order they were proposed;

(b) each Group shall have a single vote in favour or against consulting on the modification, or may abstain;

(c) each Convener shall declare his or her Group's abstention or cast his or her Group's single vote in accordance with his or her Group's wishes as determined under paragraph 8; and


(d) If there is unanimity of votes cast by the Groups in favour of consulting upon the proposed modification the following action shall be taken:

(i) the Chairman shall adjourn the final determination of the proposal(s); and

(ii) the Secretary shall notify the Proposer and any interested parties (as prescribed by regulations) of the proposed modification(s) and the time within which they must submit their representations.

10.6 After the adjournment (which may be at a later meeting), the Committee (having considered any representations received from the Proposer and other persons consulted) may by Group Voting decide to do any of the following -

(a) Reject the proposal;

(b) approve the proposal without modification or condition;

(c) approve the proposal with modification; or

(d) give conditional approval to the proposal (with or without modification) subject to the provisions set out in paragraph 11 below.


A decision of the Committee requires unanimity in the votes cast by the Groups (abstentions by any Group shall not be regarded as a vote against). Where the Committee fails to reach a unanimous decision, the Committee must refer the proposal to the Adjudicator.

11. Where a Condition is Proposed

11.1 The SOC Regulations specify the conditions that may be attached to the approval of a proposal. Therefore any proposed condition must comply with those Regulations.

11.2 Where a condition is proposed, the Chairman shall ask whether the proposed condition is seconded by another member.

11.3 The Committee may debate any proposed condition that has been seconded. Where more than one condition is seconded, they shall each be debated by the Committee. No member shall be constrained in the debate by any decision his or her Group has previously taken (whether at previous meetings of the Committee or otherwise) in connection with the proposal under discussion.

11.4 The Committee shall give the Proposer the opportunity of commenting on the proposed condition prior to the Committee voting on the proposal. In order to do this, it may be necessary for the Chairman to adjourn the final determination of the proposal to another meeting. Once the Proposer has been given an opportunity to comment on the proposed condition, the Committee shall adjourn for the Groups to consider how to cast their single votes on the proposal (in accordance with the procedure set out in paragraph 9.2 above).

12. Deputations

12.1 Unless the Chairman so determines, no person who is not a member of the Committee
shall be entitled to address the Committee unless he or she appears as a deputation in
respect of which proper notice has been given and which complies with the other
requirements of this paragraph 12.

12.2 A deputation may only address something that is the subject matter of an item on the
agenda for the relevant meeting.

12.3 Proper notice shall only be deemed to have been given if the person wishing to make the deputation has given written notice to the Secretary in a form approved by him or her explaining the subject of the deputation at least three working days prior to the date of the meeting he or she proposes to address. A person wishing to make a deputation is encouraged to provide a succinct summary of the content of the deputation in order to assist with the minuting of the meeting.

12.4 Unless the Chairman determines otherwise, subject to paragraphs 12.5 and 12.6 below, the Committee shall hear each deputation immediately before the relevant agenda item.

12.5 Unless the Chairman determines otherwise, no single deputation shall comprise more than three persons, all of whom may address the Committee. A single deputation shall not exceed 10 minutes in duration, such time to include any time taken by the deputation to read any petition or other document; the Chairman may require the person addressing the Committee to curtail their speech if they exceed the time allowed. Unless the Chairman consents otherwise, the total amount of time spent by the Committee hearing all deputations concerning all items on the agenda shall not exceed one hour subject to any rule of law to the contrary.

12.6 If in the view of the Chairman the deputation is duplicatory or overlaps with other deputation(s) to be considered at the same meeting, the Chairman may direct that the deputations are consolidated and the time limit for the deputation is varied accordingly.

12.7 The Chairman may refuse to accept an application for a deputation, and may curtail a speech where, in his or her view, the content of the deputation (indicated or actual) is different from the notice submitted under paragraph 12.3 above, or may contravene any rule of law or legal requirement relating to the determination of the item to which it relates, or is potentially defamatory or is inaccurate or misleading.

12 Exclusion of Press and/or Public

12.1 Except for the deliberations of the constituent Groups which shall be conducted in private, meetings of the Committee will normally be open to the press and public.

12.2 Whenever he or she considers it necessary, the Chairman may exclude the press and/or public from the whole or part of a Committee meeting. Alternatively, where there is reasonable cause to do so, the Chairman may adjourn the meeting.

13 Notice of Meetings

13.1 A meeting of the Committee shall be convened by the Secretary, but he or she shall comply with any direction in the matter -

(a) given by the Committee at a previous meeting, or contained in this Constitution;
or

(b) given by the Chairman or, in his or her absence, the Vice-Chairman in so
far as such direction is not inconsistent with a direction given as mentioned in
sub-paragraph (a).

13.2 Every member of the Committee shall be given, at least seven working days before the date of the meeting -

(a) written notice thereof, signed by the Secretary; and

(b) a copy of the agenda for the meeting.

13.3 For the purpose of this paragraph, written notice of a meeting and a copy of the agenda for the meeting shall be deemed to have been duly given by leaving it at, or sending it by post to, a member's usual place of residence.

13.4 When an agenda is despatched it may indicate that copies of individual reports will be sent to members separately. Items of new business may only be added to the agenda after it has been despatched (i.e. within the seven working days referred to in paragraph 12.2 above) if the Chairman is satisfied that the matter is urgent.

13.5 At the time when the agenda is provided to the members, the Secretary will provide notification of the forthcoming meeting to the people who made objections or comments during the representations period.

14 Secretary to the Committee

The Committee shall appoint as Secretary to the Committee a person nominated by the
Council who is not a member of the Committee. The Secretary shall be responsible for
ensuring that a record is kept of each meeting in a form which could be passed to the
Adjudicator, together with complete copies of relevant papers, if necessary. Within the
record of the meeting there shall be:

(a) a record of the vote of each Group and any abstentions; and

(b) a record of the Committee's final decision, together with any proposed
amendments that have been put to the vote and lost.

15 Amendments to Constitution

15.1 Subject to any relevant requirement or rule of law to the contrary, the Committee may
suspend or vary or revoke or add to any provision of this Constitution.

15.2 A decision under paragraph 16.1 shall only be carried if a majority of Groups (each
casting a single vote) vote in favour of the proposal.

PART III: MISCELLANEOUS MATTERS

16 Members' Allowances

16.1 The Council shall determine and pay members of the Committee a financial loss
allowance in accordance with Section 173(4) of the Local Government Act 1972 as if a
member of the Committee was a member of a parish or community council;

16.2 The Committee shall be included in the bodies to which Section 174 of that Act
(travelling and subsistence allowances) applies.

17 Financial and Other Assistance by the Council

17.1 The Council shall -

(a) defray the expenses of the Committee in accordance with sub- paragraphs 18.2 to
18.5 below; and


(b) make arrangements for them to be provided with accommodation and with such
services as the Council considers appropriate.

17.2 Before the beginning of each financial year the Committee shall submit to the Council a
statement of the estimated expenses of the Committee in respect of that year (including
estimates of any allowances payable to their members by virtue of paragraph 18.3
below).

17.3 Where they have received such a statement the Council shall approve it, either without
modification or with such modifications as it may specify.

17.4 Once it has approved the statement under sub-paragraph 18.3 above the Council shall
(subject to sub-paragraph 18.5 below) defray the expenses of the Committee, in respect
of the financial year in question, up to the total amount of the expenses set out in the
statement as so approved.

17.5 The Council is not required by sub-paragraph 18.4 above to defray any expenses of the
Committee which do not relate to an activity of the Committee mentioned in the
statement.

18 Indemnity to Members

The Council indemnifies the members of the Committee against any reasonable legal
costs and expenses reasonably incurred by those members in connection with any
decision or action taken by them in good faith in pursuance of their functions as
members of the Committee.

SCHEDULE

List of matters where Group Voting is required

A. The approval of the School Organisation Plan

B. Proposals in relation to Schools

New Schools

1. The opening of a new community, foundation, voluntary or maintained nursery school.

Closure of Schools

2. The closure of an existing maintained school.

Enlargement of School Premises

3. The enlargement of the premises of a school where this would:

(a) increase the capacity (including temporary accommodation) of the school by more than 30 pupils; and


(b) taken together with any previous enlargement from the "appropriate date", represent an increase in the capacity (including temporary accommodation) of the school by 25% or 200 pupils (whichever is the lesser) unless the school is expected to revert to its existing physical capacity within three years.

3.1 The "appropriate date" is whichever is the latest of:

(a) a date falling five years before the Council or Governing Body makes a decision to propose the enlargement;

(b) the date on which the school opened; or


(c) the latest date when any previous statutory proposals to enlarge the premises of the school were implemented.

Increase in Intake

4. An increase (other than a temporary increase) in the number of pupils in any relevant age group by 27 or more pupils. No increase shall arise unless the school's admission number, which includes the additional pupils, exceeds its highest admission number during the 3 school years immediately preceding the year in which the increase is to take effect. Any year in which there was a temporary increase should be disregarded. The provision does not apply to any relevant age group where the majority of pupil are over compulsory school age.

Change in age range

5. A change in:

(a) the upper age range of a school by a year or more, including the addition or removal of a sixth form. However, excluded is the introduction or discontinuing of part-time or full-time Further Education or providing or removing provision for pupils over compulsory school age who are repeating a course of education completed before they reached compulsory school age; or

(b) the lower age range of a school which, taken together with previous changes in the lower age limit since the "appropriate date", amount to one year. The "appropriate date" is whichever is the latest date of:

(i) a date falling five years before the Council or Governing Body makes a decision to propose to lower the age range;

(ii) the date on which the school opened; or

(iii) the latest date when any previous statutory proposals to lower the age were implemented.

Variation in SEN provision

6. The addition or removal of provision which is recognised by the LEA as reserved for pupils with special educational needs.

Permitted banding

7. The introduction of banding arrangements for the admission of pupils under Section 101 of the School Standards and Framework Act 1998 ("the 1998 Act").

Ending of selection at grammar schools

8. Proposals by the governing body of a designated grammar school to end selection under Section 109 of the 1998 Act.

Change to or from a single sex school

9. The change of a school from single sex to mixed or vice versa. (A school is treated as admitting pupils of one sex only if the admission of pupils of the other sex is limited to pupils over compulsory school age, and does not exceed 25% of the age group in question.)

Boarding

10. The introduction or ending of boarding, or an increase or decrease in boarding provision by 50 pupils or 50% of capacity, whichever is the greater.

Transfer to new school site

11. The transfer of a school to a new school site, except where:

(a) the transfer is to the school's former playing fields;

(b) where, in the opinion of the Council, (i) it is not reasonably practicable for the existing premises to be brought up to the prescribed standards (currently the School Premises Regulations 1999), or (ii) it is not reasonably practicable to enlarge the teaching accommodation to the required size; or

(c) where the transfer has been authorised by an order made before 1st September 1999 under Section 47 of the Education Act 1996;

and, in the case of a transfer such as is described in sub-paragraph (a) or (b), where the main entrance of the new site will be within 3.218688 kilometres (2 miles) of the main entrance of the existing site.

Change in school's category

12. A change of category of a school (i.e. from a community, foundation, voluntary aided or voluntary controlled) to another category under Schedule 8 of the 1998 Act.

Change in Special Schools

13. Any alteration for which proposals must be published in accordance with the Education (Maintained Special Schools) (England) Regulations 1999
Schedule 1.