Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 21: Proposals under section 19: procedure
102.This section provides that regulations may make provision about the publication and determination of proposals under section 19. Subsection (2) gives examples of specific provision that may be made, and in particular provides that regulations may make provision about the referral of proposals to the adjudicator in prescribed cases. Subsection (3) provides that regulations may confer functions on local education authorities, governing bodies and the adjudicator.
103.Subsection (4) provides that regulations may enable the Secretary of State to require proposals to be referred to the adjudicator.
104.Subsection (5) enables the local education authority or the adjudicator to make a transitional exemption order allowing the full requirements of the Sex Discrimination Act 1975 in respect of co-educational schools to be phased in if a single-sex school becomes co-educational. (This re-enacts the provisions of paragraph 21 of Schedule 6 to the 1998 Act.)
105.Subsection (6) provides that regulations may require any persons exercising functions under the regulations to have regard to guidance issued by the Secretary of State.