PART 3SCHOOL ORGANISATION

CHAPTER 5PROPOSALS FOR RESTRUCTURING SIXTH FORM EDUCATION

Implementation of proposals for restructuring sixth form education

I174Form of implementation

1

This section applies to proposals which have been adopted by the Welsh Ministers under section 73.

2

The proposals must (subject to the following provisions of this section) be implemented in the form in which they were adopted.

3

At the request of a specified body, the Welsh Ministers—

a

may modify proposals adopted under section 73 after consulting the specified bodies, and

b

where the adoption of proposals was expressed to take effect subject to the occurrence of a specified event, may specify a later date by which that event must occur.

4

The Welsh Ministers may determine that subsection (2) does not apply to the proposals if they are satisfied, after consulting the specified bodies—

a

that implementation of the proposals would be unreasonably difficult, or

b

that circumstances have so altered since the proposals were adopted that implementation of the proposals would be inappropriate.

5

Each of the following is a “specified body” for the purposes of subsections (3) and (4)—

a

the governing body of the school to which the proposals relate;

b

in the case of a proposal to establish a new school, the temporary governing body constituted in accordance with arrangements made under section 34 of the Education Act 2002;

c

the local authority that maintains, or that it is proposed will maintain, the school to which the proposals relate;

d

where the school to which the proposals relate is a community special school each local authority which maintains F1a statement of special educational needs under Part 4 of the Education Act 1996F1an individual development plan under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 in respect of a registered pupil at the school.