School Standards and Organisation (Wales) Act 2013

Valid from 04/05/2013

Valid from 01/10/2013

(Introduced by section 55)

SCHEDULE 3 E+W IMPLEMENTATION OF STATUTORY PROPOSALS

PART 1 E+W RESPONSIBILITY FOR IMPLEMENTATION

Interpretation E+W

1 E+W In this Part of this Schedule—

(a) “proposals” means proposals falling to be implemented under section 55;

(b) a reference to a local authority in relation to a school or proposed school is a reference to the local authority that maintains, or that will maintain, that school.

Proposals relating to community or maintained nursery schools E+W

2 (1) This paragraph applies to proposals relating to a community or maintained nursery school or a proposed community or maintained nursery school. E+W

(2) Proposals made by a local authority under section 41, 42 or 43 must be implemented by the local authority.

Proposals relating to foundation or voluntary controlled schools E+W

3 (1) This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed voluntary controlled school. E+W

(2) Proposals made by a local authority under section 41(2) or 43(1)(a) must be implemented by the authority.

(3) Proposals made by a local authority under section 42(1)(b) or (c) must be implemented by both the authority and governing body to the extent (if any) that the proposals provide for each of them to do so.

(4) Proposals made under section 41(2) (other than by a local authority) must be implemented by the local authority and by the person who made the proposals to the extent (if any) that the proposals provide for each of them to do so.

(5) Proposals made by a governing body under section 42(2) must be implemented by the local authority and by the governing body to the extent (if any) that the proposals provide for each of them to do so.

(6) Proposals made by a governing body under section 43(2) must be implemented by both the governing body and the local authority.

Proposals relating to voluntary aided schools E+W

4 (1) This paragraph applies to proposals relating to a voluntary aided school or a proposed voluntary aided school. E+W

(2) Proposals made by a local authority under section 42(1)(b) or (c) must be implemented—

(a) so far as relating to the provision of relevant premises for the school, by the local authority, and

(b) otherwise by both the authority and the governing body to the extent (if any) that the proposals provide for each of them to do so.

(3) Proposals made under section 41(2) must be implemented—

(a) where the local authority is the proposer, by the local authority, and

(b) where the local authority is not the proposer—

(i) so far as relating to the provision of relevant premises for the school, by the local authority, and

(ii) otherwise by the person who made the proposals.

(4) Nothing in sub-paragraph (3)(b) requires a local authority to provide relevant premises where—

(a) the new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals, and

(b) those premises were part of the premises of any of the existing schools but were not provided by the authority.

(5) Proposals made by a governing body under section 42(2) must be implemented—

(a) so far as relating to the provision of relevant premises for the school, by the local authority, and

(b) otherwise by the governing body.

(6) “Relevant premises” means—

(a) playing fields, or

(b) buildings which are to form part of the school premises but are not to be school buildings.

(7) Proposals made by a local authority under section 43(1) must be implemented by the authority.

(8) Proposals made by the governing body under section 43(2) must be implemented by both the governing body and the local authority.

Proposals relating to community special schools E+W

5 (1) This paragraph applies to proposals relating to a community special school or a proposed community special school. E+W

(2) Proposals made by a local authority under section 44 must be implemented by the authority.

Change of category E+W

6 E+W If a school changes category from a community school after proposals have been published under section 48 but before they have been implemented, the proposals (to the extent that they have not been implemented) must be implemented by the local authority (despite paragraphs 3 and 4).

PART 2 E+W PROVISION OF PREMISES AND OTHER ASSISTANCE

Provision of site and buildings for foundation or voluntary controlled school E+W

7 (1) This paragraph applies where a local authority is required by virtue of paragraph 3(2), (3), (4) or (5) to provide a site for a foundation or voluntary controlled school or a proposed voluntary controlled school. E+W

(2) The authority must transfer its interest in the site and in any buildings on the site which are to form part of the school premises—

(a) to the school's trustees, to be held by them on trust for the purposes of the school, or

(b) if the school has no trustees, to the school's foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.

(3) If any doubt or dispute arises as to the persons to whom the authority is required to make the transfer, it must be made to such persons as the Welsh Ministers think proper.

(4) The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(5) Sub-paragraph (6) applies where—

(a) a transfer is made under this paragraph, and

(b) the transfer is made to persons (“the transferees”) who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school.

(6) The transferees must notify the local authority that sub-paragraph (5)(b) applies to them and they or their successors must pay to the local authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Welsh Ministers.

(7) In sub-paragraph (5)(b) the reference to proceeds of the sale of other premises includes a reference to—

(a) consideration for the creation or disposition of any kind of interest in other premises, including rent, and

(b) interest which has accrued in respect of any such consideration.

(8) Any sum paid under sub-paragraph (6) is to be treated for the purposes of section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

(9) A determination may be made under sub-paragraph (6) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—

(a) the determination is made by the Welsh Ministers, and

(b) they are satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

(10) Sub-paragraph (6) applies for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs 1 to 3 of Schedule 22 to the School Standards and Framework Act 1998 (disposals of land - foundation, voluntary and foundation special schools) to that sum.

(11) In this paragraph—

• “the relevant purposes” (“y dibenion perthnasol”) means—

  (a)

  in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts, or

  (b)

  in relation to a transfer to a school's governing body, the purposes of the school;

• “site” (“safle”) does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

Grants in respect of certain expenditure relating to existing or proposed voluntary aided school E+W

8 (1) This paragraph applies where— E+W

(a) the governing body of a voluntary aided school is required by virtue of paragraph 4(5) to implement proposals to make a regulated alteration to the school, or

(b) a person is required by virtue of paragraph 4(3)(b) to implement proposals to establish a new voluntary aided school.

(2) Paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants to voluntary aided schools in respect of expenditure on premises or equipment)—

(a) applies in relation to the school mentioned in sub-paragraph (1)(a), and

(b) applies in relation to the new school mentioned in sub-paragraph (1)(b) as it applies in relation to an existing voluntary aided school.

(3) In the application of that paragraph in relation to a new voluntary aided school—

(a) the references to the governing body, in relation to any time before the governing body is constituted, are to the person who made the proposals under section 41(2), and

(b) where requirements are imposed in relation to grant paid by virtue of this paragraph to the person who made the proposals, the requirements must be complied with by the governing body, when it is constituted, as well as by that person.

Assistance in respect of maintenance and other obligations relating to voluntary aided school E+W

9 E+W A local authority may give to the governing body of a voluntary aided school such assistance as the authority thinks fit in relation to the carrying out by the governing body of any obligation arising by virtue of paragraph 4(5) in relation to proposals made by it under section 42(2).

Assistance in respect of new voluntary aided school E+W

10 E+W A local authority may give to persons required by virtue of paragraph 4(3)(b) to implement proposals to establish a voluntary aided school such assistance as it thinks fit in relation to the carrying out by those persons of any obligation arising by virtue of that paragraph.

Duty to transfer interest in premises provided under paragraph 9 or 10 E+W

11 (1) Where assistance under paragraph 9 or 10 consists of the provision of any premises for use for the purposes of a school, the local authority must transfer its interest in the premises— E+W

(a) to the trustees of the school to be held on trust for the purposes of the school, or

(b) if the school has no trustees, to the school's foundation body, to be held by that body for the purposes of the schools comprising the group for which that body acts.

(2) If any doubt or dispute arises as to the persons to whom the authority is required to make the transfer it must be made to such persons as the Welsh Ministers think proper.

(3) The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

PART 3 E+W TRANSITIONAL EXEMPTION ORDERS FOR PURPOSES OF THE EQUALITY ACT 2010

Single-sex schools E+W

12 (1) This paragraph applies to proposals to make a regulated alteration described in paragraph 3(1)(a) of Schedule 2 (school to cease to be one which admits pupils of one sex only). E+W

(2) Sub-paragraph (3) applies where such proposals are made under section 42 or 44 and, in accordance with section 48(4), the proposer sends a copy of the published proposals to the Welsh Ministers.

(3) The sending of the published proposals to the Welsh Ministers is to be treated as an application by the proposer for a transitional exemption order under the Equality Act 2010, and the Welsh Ministers may make such an order accordingly.

(4) In this paragraph—

• “make” (“gwneud”), in relation to a transitional exemption order, includes vary or revoke;

• “transitional exemption order” (“gorchymyn esemptio trosiannol”) has the same meaning as in paragraph 3 of Schedule 11 to the Equality Act 2010.