SCHEDULES
C3C4C5 SCHEDULE 6F4Statutory Proposals concerning schools in Wales: Procedure and implementation
Sch. 6 modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.
Sch. 6 continued (1.9.2001) by S.I. 2001/2678, reg. 2(2)
Schs. 6, 7: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
Sch. 6 applied (1.9.2006) by 1996 c. 56, s. 529(2) (as amended by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 2; S.I. 2006/2129, art. 4)
C2C4C5 Part IIF5procedure for dealing with statutory proposals
Sch. 6 Pt. 2 heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(4); S.I. 2007/935, art. 7(o)
Sch. 6 Pt. II applied (with modifications) (1.9.1999) (temp.) by S.I. 1999/2633, regs. 4, 5(1), Sch. 1.
Sch. 6 Pt. II modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.
Requirement to implement proposals
C1I1C610
1
Where—
a
any proposals published under section 28, 29 or 31 have been approved under paragraph 8, or
b
the body or promoters by whom such proposals were published have determined under paragraph 9 to implement the proposals,
then (subject to the following provisions of this paragraph) the proposals shall be implemented, in the form in which they were so approved or determined, in accordance with Part III of this Schedule.
2
At the request of any prescribed body or persons, the F6Assembly—
a
may modify the proposals after consulting such persons or bodies as may be prescribed; and
b
where any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the event in question must occur.
3
If the F6Assembly is satisfied—
a
that implementation of the proposals would be unreasonably difficult, or
b
that circumstances have so altered since approval was given under paragraph 8 that implementation of the proposals would be inappropriate,
F7it may determine that sub-paragraph (1) shall cease to apply to the proposals.
4
The F6Assembly may only make a determination under sub-paragraph (3) where proposals that F8it should do so have been published, in accordance with regulations, by the body or promoters who published the proposals referred to in that sub-paragraph; and regulations so made may provide for any of the provisions of sections 28, 29 and 31 and this Part of this Schedule to have effect in relation to any such further proposals with or without modifications.
5
Where—
a
any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, and
b
the event specified under that sub-paragraph does not occur by the date in question (whether as specified under that sub-paragraph or as specified under sub-paragraph (2)(b) above),
sub-paragraph (1) above shall cease to apply to the proposals.
6
Where, by virtue of sub-paragraph (3) F1..., sub-paragraph (1) ceases to apply to any proposals, those proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 8.
Sch. 6 heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(2); S.I. 2007/935, art. 7(o)