School Standards and Organisation (Wales) Act 2013

PART 5 E+W MAINTAINED NURSERY SCHOOLS

22 E+W Paragraphs 23 to 25 describe regulated alterations in relation to maintained nursery schools.

Commencement Information

I1 Sch. 2 para. 22 in force at 1.10.2013 by S.I. 2013/1800, art. 3(f)

Teaching space E+W

23 (1) An enlargement of the teaching space, other than a temporary enlargement, by 50% or more. E+W

(2) The making permanent of a temporary enlargement of the teaching space by 50% or more.

(3) In this paragraph—

• “teaching space” (“man addysgu”) means any area used wholly or mainly for the provision of nursery education excluding—

  (a)

  any area used wholly or mainly for the education of pupils whose educational needs are being [F1 assessed under section 323 of the Education Act 1996 and pupils with statements of special educational needs maintained under section 324 of that Act] [F1 determined under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 and pupils with individual development plans maintained under that Act];

  (b)

  any area constructed, adapted or equipped so as to be unsuitable for general teaching purposes;

  (c)

  any area constructed, adapted or equipped primarily for the storage of apparatus, equipment or materials used in teaching;

  (d)

  any part of an area which is required for the movement of pupils through that area and which is used wholly or mainly for that purpose;

• a “temporary enlargement” (“ehangu dros dro”) is an enlargement of the teaching space which it is anticipated, at the time of its making, will be in place for fewer than three years.

Textual Amendments

F1 Words in Sch. 2 para. 23(3)(a) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 22(6)(c); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Commencement Information

I2 Sch. 2 para. 23 in force at 1.10.2013 by S.I. 2013/1800, art. 3(f)

[F2 Special educational] [F2 Additional learning] needs E+W

Textual Amendments

F2 Words in Sch. 2 para. 24 heading heading substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 22(6)(d)(i); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

24 (1) The establishment or discontinuance of provision which is recognised by the local authority as reserved for children with [F3 special educational] [F3 additional learning] needs. E+W

(2) Where there is provision which is recognised by the local authority as reserved for children with [F4 special educational] [F4 additional learning] needs, a change in the type of such provision.

Textual Amendments

F3 Words in Sch. 2 para. 24(1) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 22(6)(d)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F4 Words in Sch. 2 para. 24(2) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 22(6)(d)(iii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Commencement Information

I3 Sch. 2 para. 24 in force at 1.10.2013 by S.I. 2013/1800, art. 3(f)

Language medium E+W

25 (1) In the case of a school at which a group of pupils is taught wholly or mainly through the medium of Welsh, an alteration to the school so that all pupils would be taught wholly or mainly through the medium of English. E+W

(2) In the case of a school at which a group of pupils is taught wholly or mainly through the medium of English, an alteration to the school so that all pupils would be taught wholly or mainly through the medium of Welsh.

Commencement Information

I4 Sch. 2 para. 25 in force at 1.10.2013 by S.I. 2013/1800, art. 3(f)