School Standards and Organisation (Wales) Act 2013

Yn ddilys o 01/10/2013

51 Approval by local authority E+W

(1) Proposals published under section 48 require approval under this section if—

(a) they do not require approval under section 50,

(b) they have been made by a proposer other than the relevant local authority, and

(c) an objection to the proposals has been made in accordance with section 49(2) and has not been withdrawn in writing before the end of 28 days beginning with the end of the objection period.

(2) Where proposals require approval under this section, the proposer must send a copy of the documents listed in subsection (3) to the relevant local authority before the end of 35 days beginning with the end of the objection period.

(3) The documents are—

(a) the report published under section 48(5),

(b) the published proposals,

(c) objections made in accordance with section 49(2) (and not withdrawn), and

(d) the response published under section 49(3).

(4) Where proposals require approval under this section, the relevant local authority may—

(a) reject the proposals,

(b) approve them without modification, or

(c) approve them with any of the modifications specified in subsection (5)—

(i) after obtaining the consent of the Welsh Ministers and the proposer to the modifications, and

(ii) (except where the governing body is the proposer) after consulting the governing body (if any) of the school to which the proposals relate.

(5) The relevant local authority may modify—

(a) the date or dates specified in the published proposals as the date or dates on which the proposals are planned to be implemented;

(b) the number of pupils specified in the published proposals as the number to be admitted to the school (in any age group and in any school year).

(6) An approval may be expressed to take effect only if an event specified in the approval occurs by a date so specified.

(7) The relevant local authority may, at the request of the proposer, specify a later date by which the event referred to in subsection (6) is to occur.

(8) The relevant local authority must make a determination under subsection (4) whether to reject or approve the proposals before the end of 16 weeks beginning with the end of the objection period.

(9) Subsection (1) does not prevent proposals from being withdrawn by notice in writing given by the proposer to the relevant local authority at any time before they are approved under this section.

(10) No approval is required under this section for proposals made under section 43 or 44 to discontinue a school which is a small school (see section 56).

(11) In this section “relevant local authority” means the local authority that maintains, or that it is proposed will maintain, the school to which the proposals relate.