Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 26: Proposals under section 25: procedure
128.This section provides for regulations to make provision about the publication and determination of proposals under section 25.
129.Subsection (2) lists the provision that may be made in regulations. In particular, it includes provision enabling proposals to be treated as being approved if a specified proportion of the governing body other than a majority approves them, in prescribed circumstances.
130.Subsection (3) provides for regulations to require the governing body to ensure that any matters related to the transfer of land or compensation which might be payable under subsections (3) or (4) of section 27, if proposals published under section 25 were approved, are resolved before proposals are published. It also provides for regulations to enable or require such matters to be referred to the adjudicator for determination.
131.Subsection (4) provides that regulations may require any prescribed person to have regard to guidance by the Secretary of State when exercising functions under this section.