School Standards and Organisation (Wales) Act 2013

(Introduced by section 55)

SCHEDULE 4 IMPLEMENTATION OF PROPOSALS TO CHANGE CATEGORY OF SCHOOL

PART 1 INTRODUCTORY

Interpretation

1 In this Schedule—

• “group” (“grwp”) has the meaning given by section 21(4)(b) of the School Standards and Framework Act 1998;

• “the implementation date” (“y dyddiad gweithredu”) means the date on which it is proposed that the change of category is to take place;

• “publicly funded land” (“tir wedi ei gyllido’n gyhoeddus”) means land which was acquired—

  (a)

  from a local authority under a transfer under section 201(1)(a) of the Education Act 1996,

  (b)

  wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996),

  (c)

  wholly by means of a grant made under regulations made under paragraph 4 of Schedule 32 to the School Standards and Framework Act 1998,

  (d)

  wholly by means of expenditure incurred for the purposes of the school and treated by the local authority as expenditure of a capital nature,

  (e)

  under a transfer under regulations made under paragraph 5 of Schedule 8 to the School Standards and Framework Act 1998,

  (f)

  wholly by means of financial assistance given under section 14 of the Education Act 2002,

  (g)

  under a transfer under this Schedule, or

  (h)

  wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (g);

• “transfer agreement” (“cytundeb trosglwyddo”), in relation to a school, means an agreement—

  (a)

  made between the local authority and the trustees or the foundation body or the governing body of the school, and

  (b)

  providing for land to be transferred to, and vest in, the local authority on the implementation date (whether or not in consideration of payment by the authority).

Implementation

2 On the implementation date the school is to change category in accordance with the proposals.

PART 2 TRANSFER OF STAFF

Change to voluntary aided school

3 (1) This paragraph applies where a community or voluntary controlled school changes category to become a voluntary aided school.

(2) The contract of employment between P and the local authority has effect from the implementation date as if originally made between P and the governing body.

(3) All the local authority’s rights, powers, duties and liabilities under or in connection with the contract of employment are transferred to the governing body on the implementation date.

(4) Anything done before that date by or in relation to the local authority in connection with that contract or P is to be treated from that date as having been done by or in relation to the governing body.

(5) In this paragraph, “P” is a person who—

(a) immediately before the implementation date is employed by the local authority to work solely at the school in question, or

(b) before the implementation date, is appointed by the local authority to work at the school as from the implementation date or a later date.

(6) But a reference to “P” does not include—

(a) a person whose contract of employment terminates on the day immediately preceding the implementation date, or

(b) a person employed by the local authority to work at the school solely in connection with the provision of meals.

(7) This paragraph does not affect any right of an employee to terminate the contract if (apart from the change of employer) a substantial change is made to the employee’s detriment in the employee’s working conditions.

Change to community or voluntary controlled school

4 (1) This paragraph applies where a foundation or voluntary aided school changes category to become a community or voluntary controlled school.

(2) The contract of employment between P and the governing body has effect from the implementation date as if originally made between P and the local authority.

(3) All the governing body’s rights, powers, duties and liabilities under or in connection with the contract of employment are transferred to the local authority on the implementation date.

(4) Anything done before that date by or in relation to the governing body in connection with that contract or P is to be treated from that date as having been done by or in relation to the local authority.

(5) In this paragraph, “P” is a person who—

(a) immediately before the implementation date is employed by the governing body to work at the school in question, or

(b) before the implementation date, is appointed by the governing body to work at the school as from the implementation date or a later date.

(6) But “P” does not include a person whose contract of employment terminates on the day immediately preceding the implementation date.

(7) This paragraph does not affect any right of an employee to terminate the contract if (apart from the change of employer) a substantial change is made to the employee’s detriment in the employee’s working conditions.

Change to voluntary aided school with a religious character

5 (1) This paragraph applies where a voluntary controlled school or a foundation school with a religious character changes category to become a voluntary aided school with a religious character.

(2) Sub-paragraph (3) applies if, immediately before the implementation date, a teacher at the voluntary controlled school or foundation school enjoys rights conferred by section 59(2) to (4) of the School Standards and Framework Act 1998 by virtue of section 60(2) of that Act.

(3) That teacher is to continue to enjoy those rights while employed as a teacher at the voluntary aided school.

PART 3 TRANSFER OF LAND

Effect of transfers

6 (1) Sub-paragraph (2) applies where—

(a) land is transferred to and vests in a body in accordance with this Schedule, and

(b) the transferor enjoys or incurs any rights or liabilities immediately before the implementation date in connection with that land.

(2) Those rights or liabilities are also transferred to, and by virtue of this Schedule, vest in, that body.

7 Any reference in this Part of this Schedule, in relation to a school, to land being transferred to, and vesting in, a foundation body is a reference to its being transferred to, and vesting in, that body for the purposes of the schools comprising the group for which that body acts.

8 Transfers of land under this Schedule do not affect the rights of the governing body in relation to the land under Schedule 13 to the School Standards and Framework Act 1998.

9 In its application to transfers under this Schedule, Schedule 10 to the Education Reform Act 1988 has effect as if references in it to the transfer date were references to the implementation date.

Change from community school to voluntary aided school

10 (1) Sub-paragraph (2) applies where—

(a) proposals for a community school to become a voluntary aided school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will not be a member of the group for which a foundation body acts.

(2) Any land other than playing fields which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the trustees of the school, to be held by them on trust for the purposes of the school.

11 (1) Sub-paragraph (2) applies where—

(a) proposals for a community school to become a voluntary aided school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will be a member of the group for which a foundation body acts.

(2) Any land other than playing fields or land held on trust which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the foundation body.

Change from community school to voluntary controlled school

12 (1) Sub-paragraph (2) applies where—

(a) proposals for a community school to become a voluntary controlled school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will not be a member of the group for which a foundation body acts.

(2) Any land other than playing fields which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the trustees of the school, to be held by them on trust for the purposes of the school.

13 (1) Sub-paragraph (2) applies where—

(a) proposals for a community school to become a voluntary controlled school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will be a member of the group for which a foundation body acts.

(2) Any land other than playing fields or land held on trust which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the foundation body.

Change from foundation school to community school

14 (1) Sub-paragraphs (2) and (3) apply where proposals for a foundation school which is not a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2).

(2) Any publicly funded land which, immediately before the implementation date, was held by the trustees of the school or the governing body for the purposes of the school is, on that date, to be transferred to, and vest in, the local authority.

(3) Any other land which, immediately before that date, was held by the trustees of the school or the governing body for the purposes of the school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement.

15 (1) Sub-paragraphs (2) and (3) apply where proposals for a foundation school which is a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2).

(2) Any publicly funded land which, immediately before the implementation date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the foundation school is, on that date, to be transferred to, and vest in, the local authority.

(3) Any other land which, immediately before that date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the foundation school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement.

Change from foundation school to voluntary aided or voluntary controlled school

16 (1) Sub-paragraph (2) applies where—

(a) proposals for a foundation school which is not a member of the group for which a foundation body acts to become a voluntary aided or voluntary controlled school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will not be a member of the group.

(2) Any land, other than land held on trust, which, immediately before the implementation date, was held by the governing body for the purposes of the foundation school is, on that date, to be transferred to, and vest in, the trustees of the school, to be held by them on trust for the purposes of the school.

17 (1) Sub-paragraph (2) applies where—

(a) proposals for a foundation school which is not a member of the group for which a foundation body acts to become a voluntary aided or voluntary controlled school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will be a member of the group.

(2) Any land, other than land held on trust, which, immediately before the implementation date, was held by the governing body for the purposes of the foundation school is, on that date, to be transferred to, and vest in, the foundation body.

18 (1) Sub-paragraph (2) applies where—

(a) proposals for a foundation school which is a member of the group for which a foundation body acts to become a voluntary aided or voluntary controlled school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will not be a member of the group.

(2) Any land which, immediately before the implementation date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the foundation school is, on that date, to be transferred to, and vest in, the trustees of the school, to be held by them on trust for the purposes of the school.

Change from voluntary aided school to community school

19 (1) Sub-paragraphs (2) and (3) apply where proposals for a voluntary aided school which is not a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2).

(2) Any publicly funded land which, immediately before the implementation date, was held by the trustees of the school or the governing body for the purposes of the school is, on that date, to be transferred to, and vest in, the local authority.

(3) Any other land which, immediately before that date, was held by the trustees of the school or the governing body for the purposes of the school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement.

20 (1) Sub-paragraphs (2) and (3) apply where proposals for a voluntary aided school which is a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2).

(2) Any publicly funded land which, immediately before the implementation date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the voluntary aided school is, on that date, to be transferred to, and vest in, the local authority.

(3) Any other land which, immediately before that date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the voluntary aided school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement.

Change from voluntary aided or voluntary controlled school to voluntary controlled or voluntary aided school

21 (1) Sub-paragraph (2) applies where—

(a) proposals for a voluntary aided school or a voluntary controlled school which is not a member of the group for which a foundation body acts to become a voluntary controlled school or a voluntary aided school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will be a member of such a group.

(2) Any land, other than land held on trust, which, immediately before the implementation date, was held by the governing body for the purposes of the school is, on that date, to be transferred to, and vest in, the foundation body.

22 (1) Sub-paragraph (2) applies where—

(a) proposals for a voluntary aided school or a voluntary controlled school which is a member of the group for which a foundation body acts to become a voluntary controlled school or a voluntary aided school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will not be a member of the group.

(2) Any land which, immediately before the implementation date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the school is, on that date, to be transferred to, and vest in, the trustees of the school to be held by them on trust for the purposes of the school.

Change from foundation, voluntary aided or voluntary controlled school to voluntary controlled or voluntary aided school

23 (1) Sub-paragraph (2) applies where—

(a) proposals for a foundation, voluntary aided or voluntary controlled school which is a member of the group for which a foundation body acts to become a voluntary controlled or voluntary aided school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will be a member of the group for which another foundation body acts.

(2) Any land which, immediately before the implementation date, was held by the foundation body mentioned in sub-paragraph (1)(a) for the purposes of the schools in the group and used for the purposes of the school is, on that date, to be transferred to, and vest in, the foundation body mentioned in sub-paragraph (1)(b).

Change from voluntary controlled school to community school

24 (1) Sub-paragraphs (2) and (3) apply where proposals for a voluntary controlled school which is not a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2).

(2) Any publicly funded land which, immediately before the implementation date, was held by the trustees of the school or the governing body for the purposes of the school is, on that date, to be transferred to, and vest in, the local authority.

(3) Any other land which, immediately before that date, was held by the trustees of the school or the governing body for the purposes of the school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement.

25 (1) Sub-paragraphs (2) and (3) apply where proposals for a voluntary controlled school which is a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2).

(2) Any publicly funded land which, immediately before the implementation date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the voluntary controlled school is, on that date, to be transferred to, and vest in, the local authority.

(3) Any other land which, immediately before that date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the voluntary controlled school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement.

Outstanding transfers

26 (1) Sub-paragraph (2) applies where immediately before the implementation date in relation to any change of category occurring in respect of a school—

(a) any land vested in a local authority is by virtue of any statutory provision required to be transferred to the governing body or any trustees of the school, but

(b) the land has not yet been so transferred.

(2) Paragraphs 10 to 25 of this Schedule apply to the school as if the land had been so transferred by that time.

Transfer of right to use land

27 (1) Sub-paragraph (2) applies if—

(a) paragraph 10, 11, 12 or 13 applies to a school,

(b) any land held by a person or body other than a local authority was, immediately before the implementation date, used for the purposes of the school, and

(c) the local authority enjoyed or incurred any rights or liabilities immediately before the implementation date in connection with the use of the land.

(2) Those rights and liabilities are, on the implementation date, to be transferred to, and vest in, the trustees of the school or, if there are no trustees, the governing body.

28 (1) Sub-paragraph (2) applies if—

(a) paragraph 14, 15, 19, 20, 24 or 25 applies to a school,

(b) any land held by a person or body other than the governing body of the school was, immediately before the implementation date, used for the purposes of the school, and

(c) the governing body enjoyed or incurred any rights and liabilities immediately before the implementation date in connection with the use of the land.

(2) Those rights and liabilities are, on the implementation date, to be transferred to, and vest in, the local authority.

29 (1) Sub-paragraph (2) applies if—

(a) paragraph 14, 15, 19, 20, 24 or 25 applies to a school,

(b) any land held by a person or body other than any trustees or foundation body who hold any land for the purposes of the school was, immediately before the implementation date, used for the purposes of the school, and

(c) the trustees or foundation body enjoyed or incurred any rights or liabilities immediately before the implementation date in connection with the use of the land.

(2) Those rights and liabilities are, on the implementation date, to be transferred to, and vest in, the local authority in accordance with a transfer of rights and liabilities agreement.

(3) A “transfer of rights and liabilities agreement” means an agreement—

(a) made for the purposes of sub-paragraph (2) between the local authority and the trustees or foundation body, and

(b) providing for the rights or liabilities in question to be transferred to, and vest in, the authority on the implementation date, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Exclusions from transfer

30 Nothing in paragraphs 10 to 25 has the effect of transferring to, or vesting in, any body—

(a) any land, rights or liabilities excluded under paragraph 31 or 32,

(b) any rights or liabilities under a contract of employment,

(c) any liability of a local authority, governing body or trustees in respect of the principal of, or any interest on, any loan, or

(d) any liability in tort.

31 (1) Sub-paragraph (2) applies if before the implementation date in relation to any change of category—

(a) the prospective transferee and transferor have agreed in writing that any land should be excluded from the operation of paragraphs 10 to 25, and

(b) the Welsh Ministers have given their written approval of the agreement.

(2) The land (and any rights or liabilities relating to it) is to be so excluded.

32 (1) Sub-paragraph (2) applies if in the absence of agreement under paragraph 31—

(a) the prospective transferee or transferor has applied to the Welsh Ministers to exclude any land from the operation of paragraphs 10 to 25, and

(b) the Welsh Ministers have directed its exclusion.

(2) The land (and any rights or liabilities relating to it) is to be excluded.

33 (1) An agreement under paragraph 31 may provide for the land to be used or held for the purposes of the school on such terms as may be specified in or determined in accordance with the agreement.

(2) Directions under paragraph 32—

(a) may confer any rights or impose any liabilities that could have been conferred or imposed by an agreement under paragraph 31, and

(b) have effect as if contained in such an agreement.

34 In paragraphs 31 and 32—

• “the prospective transferee” (“y trosglwyddai arfaethedig”), in relation to any land, means the body to which (apart from paragraphs 31 and 32) the land would fall to be transferred under paragraphs 10 to 25, and

• “the prospective transferor” (“y trosglwyddwr arfaethedig”) is to be construed accordingly.

Restrictions on disposal or use of land

35 (1) For the purposes of paragraphs 36 and 37 the procedure for becoming a school of another category is pending in relation to a school when it has been started by the governing body in relation to the school and not terminated.

(2) That procedure is to be regarded as started in relation to a school on receipt by the local authority of notice of a meeting of the governing body at which a motion for a resolution to consult about proposals to change category is to be considered.

(3) That procedure is to be regarded as terminated—

(a) if the meeting is not held,

(b) if the meeting is held but the motion is not moved or, though the motion is moved, the resolution is not passed,

(c) if consultation is not carried out in accordance with section 48,

(d) if the proposals in respect of which consultation was carried out are not published in accordance with section 48,

(e) if the proposals are rejected by the Welsh Ministers under section 50 or by a local authority under section 51 or are withdrawn or if the governing body has determined not to implement them under section 53, or

(f) on the date of implementation of the proposals.

36 (1) While the procedure for becoming a school of another category is pending in relation to a school, a local authority may not, without the consent of the Welsh Ministers—

(a) dispose of any land used wholly or partly for the purposes of the school, or

(b) enter into a contract to dispose of such land.

(2) Sub-paragraph (1) does not apply in relation to a disposal which is made in accordance with a contract entered into, or an option granted, before the procedure for becoming a school of another category was started in relation to the school.

(3) Sub-paragraph (4) applies if—

(a) proposals for becoming a school of another category are approved or the governing body has determined to implement them, and

(b) agreement is required to be reached under paragraph 2(1) of Schedule 10 to the Education Reform Act 1988 (identification of property, etc.) on any matter relating to any land to be transferred.

(4) The procedure for becoming a school of another category is not to be treated as terminated for the purposes of this paragraph in relation to that land until the date on which that matter is finally determined.

(5) A disposal or contract is not invalid or void by reason only that it has been made or entered into in breach of this paragraph and a person acquiring land, or entering into a contract to acquire land, from a local authority is not to be concerned to enquire whether any consent required by this paragraph has been given.

(6) This paragraph has effect despite anything in section 123 of the Local Government Act 1972 (general power to dispose of land) or in any other enactment; and the consent required by this paragraph is in addition to any consent required by subsection (2) of that section or by any other enactment.

(7) In this paragraph—

(a) references to disposing of land include granting or disposing of any interest in land, and

(b) references to entering into a contract to dispose of land include granting an option to acquire land or such an interest.

37 (1) While the procedure for becoming a school of another category is pending in relation to a school, a local authority may not, without the consent of the Welsh Ministers, take any action in relation to any land of the authority used or held for the purposes of the school by which the land ceases to any extent to be so used or held.

(2) Sub-paragraph (3) applies if in the case of any school—

(a) proposals that a school become a school of another category are approved or the governing body have determined to implement them, and

(b) a local authority has, in relation to any land, taken action in breach of sub­paragraph (1).

(3) The transfer of property provisions have effect as if, immediately before the implementation date, the property were used or held by the authority for the purposes for which it was used or held when the procedure for becoming a school of another category was started.

(4) In this paragraph—

(a) “the transfer of property provisions” means this Schedule and section 198 of, and Schedule 10 to, the Education Reform Act 1988, and

(b) the references to taking action include appropriating property for any purpose.

PART 4 SUPPLEMENTAL

School government

38 (1) The Welsh Ministers may by regulations make provision in connection with the implementation of proposals to change a school’s category with respect to the government of the school.

(2) Those regulations may (amongst other things) make provision—

(a) about the revision and replacement of the school’s instrument of government,

(b) about the reconstitution of its governing body,

(c) applying, with or without modifications, provision made by or under Chapter 1 of Part 3 of the Education Act 2002 (government of maintained schools), and

(d) about transitional matters.

Transitional provisions - admissions

39 (1) Where a community or voluntary controlled school becomes a voluntary aided school anything done before the implementation date by the local authority as admission authority under any provision in Chapter 1 of Part 3 of the School Standards and Framework Act 1998 (admission arrangements) has effect, from the implementation date, as if done by the governing body.

(2) Where a foundation or voluntary aided school becomes a community or voluntary controlled school anything done before the implementation date by the governing body as admission authority under any provision in Chapter 1 of Part 3 of the School Standards and Framework Act 1998 has effect, from the implementation date, as if done by the local authority.