PART 3SCHOOL ORGANISATION

CHAPTER 5PROPOSALS FOR RESTRUCTURING SIXTH FORM EDUCATION

Making and determining proposals

I171Welsh Ministers' powers to restructure sixth form education

1

The Welsh Ministers may make proposals under this section for—

a

the establishment by a local authority of one or more new community or community special schools to provide secondary education suitable to the requirements of sixth formers (and no other secondary education);

b

an alteration described in paragraph 6 of Schedule 2 to one or more maintained schools;

c

the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of sixth formers (and no other secondary education).

2

A “sixth former” is a person who is above compulsory school age but below the age of 19.

I272Consultation, publication and objections

1

Before publishing proposals made under section 71, the Welsh Ministers must consult on the proposals in accordance with the code issued under section 38(1) for the time being in force.

2

The Welsh Ministers must publish proposals made under section 71 in accordance with the code issued under section 38(1) for the time being in force.

3

Any person may object to the proposals.

4

Objections must be sent in writing to the Welsh Ministers before the end of 28 days beginning with the day on which the proposals were published.

I373Determination by Welsh Ministers

1

After the end of the 28 days referred to in section 72(4), the Welsh Ministers must determine whether to—

a

adopt the proposals, with or without modifications, or

b

withdraw the proposals.

2

In making a determination under subsection (1), the Welsh Ministers must have regard to any objections made in accordance with section 72(4) and not withdrawn.

3

Before adopting proposals subject to modifications, the Welsh Ministers must consult such persons as they consider appropriate.

4

The adoption of proposals may be expressed to take effect only if an event specified in the adoption occurs by a date so specified.

5

If the event does not occur by the specified date the Welsh Ministers must reconsider their determination under subsection (1).

6

The Welsh Ministers may withdraw their proposals at any time before they make a determination under subsection (1).