Part II New framework for maintained schools
C19 Chapter II Establishment, alteration or discontinuance of schools
Mainstream schools maintained by F77local authorities
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(3) (with Sch. 2 para. 10(4))
I1C1C2C3C4C5C20C22C2928 Proposals for establishment or alteration of community, foundation or voluntary school F17in Wales.
1
a
to establish a new community or foundation school, or
F2aa
to establish a new maintained nursery school, or
C27b
to make any prescribed alteration to a community school, or
c
to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school, F16or
d
F25... to make any prescribed alteration to a maintained nursery school
the authority shall publish their proposals under this section.
F71A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Where—
a
b
those persons or (as the case may be) the governing body shall publish their proposals under this section.
F292A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F292B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C6C7C243
Proposals under this section shall—
a
contain such information, and
b
be published in such manner,
as may be prescribed.
F94
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C8C9C255
Before publishing any proposals under this section, the relevant body or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body or promoters shall have regard to any guidance given from time to time by the F30Assembly.
F316
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C6C107
F32... The relevant body or promoters shall send—
a
a copy of F33any proposals published under this section, and
b
such information in connection with those proposals as may be prescribed,
to the F34Assembly.
C6C268
Schedule 6 has effect F35... in relation to—
a
the procedure for dealing with proposals under this section and their implementation; and
b
the provision of premises or other assistance in connection with their implementation.
9
Where any proposals published under this section—
a
are for the transfer of a school to a site in a different area, or
b
relate to a school which is, or (in the case of a new school) is proposed to be, situated in an area other than that of the F76local authority who maintain, or (as the case may be) who it is proposed should maintain, the school,
the provisions of F36... Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.
C6C1110
In this section “the relevant body or promoters” means the F76local authority, governing body or promoters mentioned in subsection (1) or (2) (as the case may be).
C611
In this Part—
a
“alteration”, in the context of a prescribed alteration to a maintained school, means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—
i
in the religious character of the school, or
ii
whereby the school would acquire or lose a religious character; and
b
“area” (without more) means a F76local authority area.
12
Any regulations made for the purposes of subsection (1)(b) or (2)(b) may be framed by reference to the opinion of the F76local authority.
F3728AProposals for establishment of community, foundation or voluntary school maintained by English LEA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I229Proposals for discontinuance of community, foundation, voluntary or maintained nursery school F18in Wales.
1
a
a community, foundation or voluntary school, or
b
a maintained nursery school,
the authority shall publish their proposals under this section.
2
Where the governing body of a foundation or voluntary school F39in Wales propose to discontinue the school, the governing body shall publish their proposals under this section.
3
Proposals under this section shall—
a
contain such information, and
b
be published in such manner,
as may be prescribed.
F104A
The matters to which the relevant body shall have regard in formulating any proposals under this section in relation to a rural primary school include—
a
the likely effect of the discontinuance of the school on the local community,
b
the availability, and likely cost to the F76local authority, of transport to other schools,
c
any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and
d
any alternatives to the discontinuance of the school;
and in considering these matters the relevant body shall have regard to any guidance given from time to time by the F40Assembly.
4B
Before publishing any proposals under this section which relate to a rural primary school, the relevant body shall consult—
a
the registered parents of registered pupils at the school,
b
where the relevant body are the governing body of the school, the F76local authority,
F41c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
any F42... community council for the area in which the school is situated, and
e
such other persons as appear to the relevant body to be appropriate.
4C
Before publishing any other proposals under this section the relevant body shall consult such persons as appear to them to be appropriate.
4D
In discharging their duty under subsection (4B) or (4C) the relevant body shall have regard to any guidance given from time to time by the F43Assembly.
F445
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C126
F45... The relevant body shall send—
a
a copy of F46any proposals published under this section, and
b
such information in connection with those proposals as may be prescribed,
to the F47Assembly.
7
Schedule 6 has effect F48... in relation to the procedure for dealing with proposals under this section and their implementation.
8
9
In this section “the relevant body” means the F76local authority or governing body mentioned in subsection (1) or (2) (as the case may be).
F119A
In this section “rural primary school” means a primary school designated as such for the purposes of this section by an order made by the F50Assembly.
10
In this Part any reference to a F76local authority—
a
discontinuing a school, or
b
implementing proposals to discontinue a school (whether published by the authority or the governing body),
is to the authority ceasing to maintain the school.
C3030 Notice by governing body to discontinue foundation or voluntary school.
1
Subject to the following provisions of this section, the governing body of a foundation or voluntary school may discontinue the school by serving on the Secretary of State and the F76local authority at least two years’ notice of their intention to do so.
2
If expenditure has been incurred on the school premises (otherwise than in connection with repairs)—
a
by the Secretary of State,
b
by the Funding Agency for Schools,
c
by any F76local authority, or
d
by an authority which was a local education authority within the meaning of any enactment repealed by the M1Education Act 1944 or an earlier Act,
no such notice may be served without the consent of the Secretary of State.
3
If discontinuing the school would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall, before serving a notice under this section, F75consult—
a
if the school is in England—
i
the Young People’s Learning Agency for England, if it has secured the provision of education for any such persons at the school, and
ii
each local authority which has secured the provision of education for any such persons at the school;
b
if the school is in Wales, the Welsh Ministers.
4
If, while a notice under subsection (1) is in force in respect of a foundation or voluntary school, the governing body inform the F76local authority that they are unable or unwilling to carry on the school until the notice expires, the authority—
a
may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and
b
shall be entitled to use the school premises free of charge for that purpose.
5
While the school is being so conducted—
a
the authority shall keep the school premises in good repair, and
b
any interest in the premises which is held for the purposes of the school shall be deemed, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, to be vested in the authority.
6
Despite the provisions of subsection (5) the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if they had continued to carry on the school during the unexpired period of the notice.
7
A notice served under subsection (1) may not be withdrawn without the consent of the F76local authority.
8
If a foundation or voluntary school is discontinued under this section, the duty of the F76local authority to maintain the school as a foundation or voluntary school shall cease.
F519
Nothing in any of the following provisions applies in relation to the discontinuance under this section of a foundation or voluntary school—
a
sections 29 and 33 of this Act (which relate to Wales), and
b
sections 15 and 28 of the Education and Inspections Act 2006 (which relate to England).
10
Where—
a
land occupied by a foundation or voluntary school is held by any trustees for the purposes of the school, and
b
the termination of the school’s occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site,
then if the trustees (being entitled to do so) give any notice to the governing body which purports to terminate the school’s occupation of the land, any such notice shall not be effective to terminate its occupation of the land unless the requirements of subsection (11) are complied with in relation to the notice (without prejudice to any other statutory or other requirements falling to be so complied with).
11
The requirements of this subsection are—
a
that the period of notice must—
i
be reasonable having regard to the length of time that would be required to discontinue the school (if the governing body chose to do so), and
ii
in any event must not be less than two years; and
b
that a copy of the notice must be given to the Secretary of State and the F76local authority at the time when the notice is given to the governing body.
12
Where trustees give, at the same (or substantially the same) time, notices purporting to terminate a foundation or voluntary school’s occupation of two or more pieces of land held by the trustees for the purposes of the school, then for the purpose of determining whether subsection (10)(b) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the school’s occupation of both or all of them.
13
If a question arises as to whether the termination of a school’s occupation of any land would have the result mentioned in subsection (10)(b) (including a question as to whether subsection (12) applies in any particular circumstances), it shall be determined by the Secretary of State.
Special schools maintained by F19F77local authorities in Wales
Words in s. 31 cross-heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 22; S.I. 2007/935, art. 7(o)
I3C13C14C21C2331 Proposals for establishment, alteration or discontinuance of community or foundation special school F20in Wales.
1
a
to establish a new community or foundation special school, or
b
to make any prescribed alteration to such a school, or
c
to discontinue such a school,
the authority shall publish their proposals under this section.
2
Where the governing body of a foundation special school F53in Wales propose—
a
to make any prescribed alteration to the school, or
b
to discontinue the school,
the governing body shall publish their proposals under this section.
C153
Proposals under this section shall—
a
contain such information, and
b
be published in such manner,
as may be prescribed.
F124A
Before publishing any proposals under this section to make any prescribed alteration to a school, or to discontinue a school, the relevant body shall consult—
a
the registered parents of registered pupils at the school,
b
any F76local authority which maintain a statement under section 324 of the Education Act 1996 (statement of special educational needs) in respect of a registered pupil at the school, and
c
such other persons as appear to the relevant body to be appropriate.
4B
Before publishing any proposals under this section to establish a new school, the relevant body shall consult such persons as appear to them to be appropriate.
4C
In discharging their duty under subsection (4A) or (4B) the relevant body shall have regard to any guidance given from time to time by the F54Assembly.
F555
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C166
F56... The relevant body shall send—
a
a copy of F57any proposals published under this section, and
b
such information in connection with those proposals as may be prescribed,
to the F58Assembly.
C177
The relevant body shall also send a copy of any proposals to which subsection F59... (6) applies to such other bodies or persons as may be prescribed.
8
Schedule 6 has effect F60... in relation to the procedure for dealing with proposals under this section and their implementation.
C189
In this section “the relevant body” means the F76local authority or governing body mentioned in subsection (1) or (2) (as the case may be).
32 Direction requiring discontinuance of community or foundation special school F21in Wales.
1
The F61Assembly may, if F62it considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school F63in Wales, give a direction to the F76local authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.
2
A direction under subsection (1) may require the F76local authority to notify any persons or class of persons specified in the direction.
3
Before giving a direction under subsection (1), the F64Assembly shall consult—
a
the F76local authority;
b
c
in the case of a foundation special school which has a foundation, the person who appoints the foundation governors; and
d
such other persons as the F64Assembly considers appropriate.
4
On giving a direction under subsection (1) the F66Assembly shall give notice in writing of the direction to the governing body of the school and its head teacher.
5
Where a F76local authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in section 31 or 33 applies to any such discontinuance of the school under this section.
Further provisions relating to establishment, alteration or discontinuance of schools
I433 Further provisions relating to establishment, alteration or discontinuance of schools F22in Wales.
1
Except in pursuance of proposals falling to be implemented under F1any enactment—
a
no maintained school F67in Wales shall be established or discontinued;
d
no prescribed alteration shall be made to any maintained nursery school which is maintained by a F76local authority in Wales.
2
No alteration falling within section 28(11)(a)(i) or (ii) shall be made to any maintained school F69in Wales.
3
Subsection (1) has effect subject to sections 19(4), 30(9) and 32(5).
4
Regulations may, in relation to proposals published under section 28, F70... 29 or 31, require any of the following, namely—
a
the body or promoters who published the proposals,
b
the school organisation committee, and
c
the adjudicator,
to provide such information relating to the proposals to such persons, and at such times, as may be prescribed.
F65
For the purposes of this Part proposals for the establishment of a maintained school F71in Wales shall be taken to be implemented on the school opening date.
6
In this Part “school opening date”, in relation to a new maintained school F72in Wales, means the date when the school first admits pupils.
Rationalisation of school places
34 Rationalisation of school places.
Schedule 7 (which provides for the F13National Assembly for Wales to give directions to F77local authoritiesF14in Wales and governing bodies of maintained schools in Wales to bring forward proposals for the rationalisation of school places, and for such proposals to be made by F15the Assembly) shall have effect.
Change of category of school
35 School F23in Wales changing from one category to another.
1
Schedule 8 makes provision for and in connection with—
a
enabling a maintained school F73in Wales within one of the categories set out in section 20(1) to become a school within another of those categories, and
b
in certain circumstances, requiring proposals to be published for a voluntary aided school F74in Wales to become a school within another of those categories;
and a maintained school F73in Wales may not so change its category otherwise than in accordance with that Schedule.
2
Except in relation to a change of category from voluntary aided to voluntary controlled school for which proposals are required to be published by virtue of paragraph 3 of Schedule 8, that Schedule does not apply at any time before the end of such period as may be prescribed.
Pt. II Chapter II modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.