Part II New framework for maintained schools

C2 Chapter II Establishment, alteration or discontinuance of schools

Annotations:
Modifications etc. (not altering text)
C2

Pt. II Chapter II modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

Mainstream schools maintained by F18local authorities

Annotations:

I129Proposals for discontinuance of community, foundation, voluntary or maintained nursery school F3in Wales.

1

Where a F17local authorityF4in Wales propose to discontinue—

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 F5in 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.

F14A

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 F17local 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 F6Assembly.

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 F17local authority,

F7c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

any F8... 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 F9Assembly.

F105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C16

F11... The relevant body shall send—

a

a copy of F12any proposals published under this section, and

b

such information in connection with those proposals as may be prescribed,

to the F13Assembly.

7

Schedule 6 has effect F14... in relation to the procedure for dealing with proposals under this section and their implementation.

8

Where any proposals published under this section relate to a school which is situated in an area other than that of the F17local authority who maintain it, the provisions of F15... Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.

9

In this section “the relevant body” means the F17local authority or governing body mentioned in subsection (1) or (2) (as the case may be).

F29A

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 F16Assembly.

10

In this Part any reference to a F17local 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.