- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (12/04/2010)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 05/05/2010
Point in time view as at 12/04/2010.
School Standards and Framework Act 1998,
Chapter II is up to date with all changes known to be in force on or before 06 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Modifications etc. (not altering text)
C1Pt. II Chapter II modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.
(1)Where a local education authority [F2in Wales] propose—
(a)to establish a new community or foundation school, or
[F3(aa)to establish a new maintained nursery school, or]
(b)to make any prescribed alteration to a community school, or
(c)to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school, [F4or
(d)F5... to make any prescribed alteration to a maintained nursery school]
the authority shall publish their proposals under this section.
F6(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where—
(a)any persons (referred to in this Part as “promoters”) propose to establish a new foundation or voluntary school [F7in Wales] F8..., or
(b)the governing body of a foundation or voluntary school [F9in Wales] F10... propose to make any prescribed alteration to the school,
those persons or (as the case may be) the governing body shall publish their proposals under this section.
F11(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Proposals under this section shall—
(a)contain such information, and
(b)be published in such manner,
as may be prescribed.
F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Before publishing any proposals under this section, the relevant body or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body or promoters shall have regard to any guidance given from time to time by the [F13Assembly].
F14(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)F15... The relevant body or promoters shall send—
(a)a copy of [F16any proposals published under this section], and
(b)such information in connection with those proposals as may be prescribed,
to the [F17Assembly].
(8)Schedule 6 has effect F18... in relation to—
(a)the procedure for dealing with proposals under this section and their implementation; and
(b)the provision of premises or other assistance in connection with their implementation.
(9)Where any proposals published under this section—
(a)are for the transfer of a school to a site in a different area, or
(b)relate to a school which is, or (in the case of a new school) is proposed to be, situated in an area other than that of the local education authority who maintain, or (as the case may be) who it is proposed should maintain, the school,
the provisions of F19... Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.
(10)In this section “the relevant body or promoters” means the local education authority, governing body or promoters mentioned in subsection (1) or (2) (as the case may be).
(11)In this Part—
(a)“alteration”, in the context of a prescribed alteration to a maintained school, means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—
(i)in the religious character of the school, or
(ii)whereby the school would acquire or lose a religious character; and
(b)“area” (without more) means a local education authority area.
(12)Any regulations made for the purposes of subsection (1)(b) or (2)(b) may be framed by reference to the opinion of the local education authority.
Textual Amendments
F1Words in s. 28 heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(10); S.I. 2007/935, art. 7(o)
F2Words in s. 28(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(2)(a); S.I. 2007/935, art. 7(o)
F3S. 28(1)(aa) inserted (1.6.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 154(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 4); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 6)
F4S. 28(1)(d) and word inserted (31.3.2004 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), ss. 154(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 6); S.I. 2006/2895, art. 2
F5Words in s. 28(1)(d) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(2)(b), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F6S. 28(1A) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(2), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)
F7Words in s. 28(2)(a) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(3)(a); S.I. 2007/935, art. 7(o)
F8Words in s. 28(2) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(2), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)
F9Words in s. 28(2)(b) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(3)(b)(i); S.I. 2007/935, art. 7(o)
F10Words in s. 28(2)(b) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(3)(b)(ii), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F11S. 28(2A)(2B) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(4), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F12S. 28(4) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(4), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)
F13Word in s. 28(5) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(5); S.I. 2007/935, art. 7(o)
F14S. 28(6) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(6), Sch. 18 Pt. 3 (with savings in The School Organisation (Transitional Provisions) (England) Regulations 2007 (S.I. 2007/1355), regs. 1(1), 3(5), 24(5)); S.I. 2007/935, art. 7(o)(q)
F15Words in s. 28(7) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(7)(a), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F16Words in s. 28(7)(a) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(7)(b); S.I. 2007/935, art. 7(o)
F17Word in s. 28(7) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(7)(c); S.I. 2007/935, art. 7(o)
F18Words in s. 28(8) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(8), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F19Words in s. 28(9) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 18(9), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
Modifications etc. (not altering text)
C2S. 28 amended (1.4.1999) by S.I. 1999/125, art. 2(3).
C3S. 28 extended (10.3.1999) by S.I. 1999/362, reg. 6(2)(3).
C4S. 28 applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(1), 10, Sch. 1.
S. 28 applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(2), 10, Sch. 2.
S. 28 applied (with modifications) (1.9.1999) (temp.) by S.I. 1999/2633, regs. 4, 5(1), Sch. 1.
S. 28 modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.
C5S. 28 modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.
C6S. 28; Power to modify conferred (prosp.) by Education Act 2002 (c. 32), ss. 74(2)(a) 216 (with ss. 210(8), 214(4))
C7S. 28: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
C8S. 28 modified (1.6.2003 for E.) by Education Act 2002 (c. 32), ss. 74(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3
C9S. 28(3)(5)(6)(8)(10)(11) applied (with modifications) (E.) (1.9.2000) by S.I. 2000/2195, art. 4(1), Sch. 1
C10S. 28(1)(b) excluded (temp. until 18.11.2007) (18.11.2005) by The Southwark London Borough Council (Prescribed Alteration) Order 2005 (S.I. 2005/2836), arts. 1(1), 2(a), 3
C11S. 28(3)(7)(8)(10)(11) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 3 (as amended (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 12)
C12S. 28(3) applied (with modifications) (1.9.1999) by S.I. 1999/2213, reg. 15, Sch.4.
s. 28(3): s. 28(3)(except para. (b)) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5
C13S. 28(3) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)
C14S. 28(5) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 1
C15S. 28(5) applied (with modifications) by S.I. 1999/2213, reg. 15, Sch.4
s. 28(5) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5
C16S. 28(5)(6) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)
C17S. 28(7) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5
C18S. 28(8) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)
C19S. 28(10) applied (with modifications) (1.9.1999) by S.I. 1999/2213, reg. 15, Sch.4.
s. 28(10) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5
Commencement Information
I1S. 28 wholly in force at 1.9.1999; s. 28 not in force at Royal Assent see s. 145(3); s. 28(9) in force at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; s. 28(5)(10) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); S. 28 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20S. 28A repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 19, Sch. 18 Pt. 3 (with savings in The School Organisation (Transitional Provisions) (England) Regulations 2007 (S.I. 2007/1355), regs. 1(1), 3(5)); S.I. 2007/935, art. 7(o)(q)
(1)Where a local education authority [F22in Wales] propose to discontinue—
(a)a community, foundation or voluntary school, or
(b)a maintained nursery school,
the authority shall publish their proposals under this section.
(2)Where the governing body of a foundation or voluntary school [F23in Wales] propose to discontinue the school, the governing body shall publish their proposals under this section.
(3)Proposals under this section shall—
(a)contain such information, and
(b)be published in such manner,
as may be prescribed.
[F24(4A)The matters to which the relevant body shall have regard in formulating any proposals under this section in relation to a rural primary school include—
(a)the likely effect of the discontinuance of the school on the local community,
(b)the availability, and likely cost to the local education authority, of transport to other schools,
(c)any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and
(d)any alternatives to the discontinuance of the school;
and in considering these matters the relevant body shall have regard to any guidance given from time to time by the [F25Assembly].
(4B)Before publishing any proposals under this section which relate to a rural primary school, the relevant body shall consult—
(a)the registered parents of registered pupils at the school,
(b)where the relevant body are the governing body of the school, the local education authority,
F26(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)any F27... community council for the area in which the school is situated, and
(e)such other persons as appear to the relevant body to be appropriate.
(4C)Before publishing any other proposals under this section the relevant body shall consult such persons as appear to them to be appropriate.
(4D)In discharging their duty under subsection (4B) or (4C) the relevant body shall have regard to any guidance given from time to time by the [F28Assembly].]
F29(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F30... The relevant body shall send—
(a)a copy of [F31any proposals published under this section], and
(b)such information in connection with those proposals as may be prescribed,
to the [F32Assembly].
(7)Schedule 6 has effect F33... in relation to the procedure for dealing with proposals under this section and their implementation.
(8)Where any proposals published under this section relate to a school which is situated in an area other than that of the local education authority who maintain it, the provisions of F34... Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.
(9)In this section “the relevant body” means the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).
[F35(9A)In this section “rural primary school” means a primary school designated as such for the purposes of this section by an order made by the [F36Assembly].]
(10)In this Part any reference to a local education authority—
(a)discontinuing a school, or
(b)implementing proposals to discontinue a school (whether published by the authority or the governing body),
is to the authority ceasing to maintain the school.
Textual Amendments
F21Words in s. 29 heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(12); S.I. 2007/935, art. 7(o)
F22Words in s. 29(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(2); S.I. 2007/935, art. 7(o)
F23Words in s. 29(2) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(3); S.I. 2007/935, art. 7(o)
F24S. 29(4A)-(4D) substituted for s. 29(4) (1.9.2006 for E.) by Education Act 2005 (c. 18), ss. 70(2), 125(4) (with s. 119); S.I. 2006/2129, art. 5
F25Word in s. 29(4A) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(4); S.I. 2007/935, art. 7(o)
F26S. 29(4B)(c) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(5)(a), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F27Words in s. 29(4B)(d) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(5)(b), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F28Word in s. 29(4D) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(6); S.I. 2007/935, art. 7(o)
F29S. 29(5) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(7), Sch. 18 Pt. 3 (with savings in The School Organisation (Transitional Provisions) (England) Regulations 2007 (S.I. 2007/1355), regs. 1(1), 3(5)); S.I. 2007/935, art. 7(o)(q)
F30Words in s. 29(6) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(8)(a), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F31Words in s. 29(6)(a) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(8)(b); S.I. 2007/935, art. 7(o)
F32Word in s. 29(6) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(8)(c); S.I. 2007/935, art. 7(o)
F33Words in s. 29(7) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(9), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F34Words in s. 29(8) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(10), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F35S. 29(9A) inserted (1.9.2006 for E.) by Education Act 2005 (c. 18), ss. 70(3), 125(4) (with s. 119); S.I. 2006/2129, art. 5
F36Word in s. 29(9A) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 20(11); S.I. 2007/935, art. 7(o)
Modifications etc. (not altering text)
C20S. 29(5) modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.
Commencement Information
I2S. 29 wholly in force at 1.9.1999; s. 29 not in force at Royal Assent see s. 145(3); s. 29(8) in force at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; s. 29(4)(9) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); s. 29 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
(1)Subject to the following provisions of this section, the governing body of a foundation or voluntary school may discontinue the school by serving on the Secretary of State and the local education authority at least two years’ notice of their intention to do so.
(2)If expenditure has been incurred on the school premises (otherwise than in connection with repairs)—
(a)by the Secretary of State,
(b)by the Funding Agency for Schools,
(c)by any local education authority, or
(d)by an authority which was a local education authority within the meaning of any enactment repealed by the M1Education Act 1944 or an earlier Act,
no such notice may be served without the consent of the Secretary of State.
(3)If discontinuing the school would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall, before serving a notice under this section, [F37consult—
(a)if the school is in England—
(i)the Young People’s Learning Agency for England, if it has secured the provision of education for any such persons at the school, and
(ii)each local authority which has secured the provision of education for any such persons at the school;
(b)if the school is in Wales, the Welsh Ministers.]
(4)If, while a notice under subsection (1) is in force in respect of a foundation or voluntary school, the governing body inform the local education authority that they are unable or unwilling to carry on the school until the notice expires, the authority—
(a)may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and
(b)shall be entitled to use the school premises free of charge for that purpose.
(5)While the school is being so conducted—
(a)the authority shall keep the school premises in good repair, and
(b)any interest in the premises which is held for the purposes of the school shall be deemed, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, to be vested in the authority.
(6)Despite the provisions of subsection (5) the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if they had continued to carry on the school during the unexpired period of the notice.
(7)A notice served under subsection (1) may not be withdrawn without the consent of the local education authority.
(8)If a foundation or voluntary school is discontinued under this section, the duty of the local education authority to maintain the school as a foundation or voluntary school shall cease.
[F38(9)Nothing in any of the following provisions applies in relation to the discontinuance under this section of a foundation or voluntary school—
(a)sections 29 and 33 of this Act (which relate to Wales), and
(b)sections 15 and 28 of the Education and Inspections Act 2006 (which relate to England).]
(10)Where—
(a)land occupied by a foundation or voluntary school is held by any trustees for the purposes of the school, and
(b)the termination of the school’s occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site,
then if the trustees (being entitled to do so) give any notice to the governing body which purports to terminate the school’s occupation of the land, any such notice shall not be effective to terminate its occupation of the land unless the requirements of subsection (11) are complied with in relation to the notice (without prejudice to any other statutory or other requirements falling to be so complied with).
(11)The requirements of this subsection are—
(a)that the period of notice must—
(i)be reasonable having regard to the length of time that would be required to discontinue the school (if the governing body chose to do so), and
(ii)in any event must not be less than two years; and
(b)that a copy of the notice must be given to the Secretary of State and the local education authority at the time when the notice is given to the governing body.
(12)Where trustees give, at the same (or substantially the same) time, notices purporting to terminate a foundation or voluntary school’s occupation of two or more pieces of land held by the trustees for the purposes of the school, then for the purpose of determining whether subsection (10)(b) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the school’s occupation of both or all of them.
(13)If a question arises as to whether the termination of a school’s occupation of any land would have the result mentioned in subsection (10)(b) (including a question as to whether subsection (12) applies in any particular circumstances), it shall be determined by the Secretary of State.
Textual Amendments
F37Words in s. 30(3) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 35 (with art. 2(3))
F38S. 30(9) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 21; S.I. 2007/935, art. 7(o)
Modifications etc. (not altering text)
C21S. 30 excluded (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 68(4), 188(3); S.I. 2007/935, art. 5(j)
Marginal Citations
Textual Amendments
F39Words in s. 31 cross-heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 22; S.I. 2007/935, art. 7(o)
(1)Where a local education authority [F41in Wales] intend—
(a)to establish a new community or foundation special school, or
(b)to make any prescribed alteration to such a school, or
(c)to discontinue such a school,
the authority shall publish their proposals under this section.
(2)Where the governing body of a foundation special school [F42in Wales] propose—
(a)to make any prescribed alteration to the school, or
(b)to discontinue the school,
the governing body shall publish their proposals under this section.
(3)Proposals under this section shall—
(a)contain such information, and
(b)be published in such manner,
as may be prescribed.
[F43(4A)Before publishing any proposals under this section to make any prescribed alteration to a school, or to discontinue a school, the relevant body shall consult—
(a)the registered parents of registered pupils at the school,
(b)any local education authority which maintain a statement under section 324 of the Education Act 1996 (statement of special educational needs) in respect of a registered pupil at the school, and
(c)such other persons as appear to the relevant body to be appropriate.
(4B)Before publishing any proposals under this section to establish a new school, the relevant body shall consult such persons as appear to them to be appropriate.
(4C)In discharging their duty under subsection (4A) or (4B) the relevant body shall have regard to any guidance given from time to time by the [F44Assembly].]
F45(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F46... The relevant body shall send—
(a)a copy of [F47any proposals published under this section], and
(b)such information in connection with those proposals as may be prescribed,
to the [F48Assembly].
(7)The relevant body shall also send a copy of any proposals to which subsection F49... (6) applies to such other bodies or persons as may be prescribed.
(8)Schedule 6 has effect F50... in relation to the procedure for dealing with proposals under this section and their implementation.
(9)In this section “the relevant body” means the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).
Textual Amendments
F40Words in s. 31 heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 23(9); S.I. 2007/935, art. 7(o)
F41Words in s. 31(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 23(2); S.I. 2007/935, art. 7(o)
F42Words in s. 31(2) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 23(3); S.I. 2007/935, art. 7(o)
F43S. 31(4A)-(4C) substituted for s. 31(4) (1.9.2006) by Education Act 2005 (c. 18), ss. 71, 125(4) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1; S.I. 2006/2129, art. 5
F44Word in s. 31(4C) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 23(4); S.I. 2007/935, art. 7(o)
F45S. 31(5) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 23(5), Sch. 18 Pt. 3 (with savings in The School Organisation (Transitional Provisions) (England) Regulations 2007 (S.I. 2007/1355), regs. 1(1), 3(5), 24(5)); S.I. 2007/935, art. 7(o)(q)
F46Words in s. 31(6) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 23(6)(a), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F47Words in s. 31(6)(a) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 23(6)(b); S.I. 2007/935, art. 7(o)
F48Word in s. 31(6) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 23(6)(c); S.I. 2007/935, art. 7(o)
F49Words in s. 31(7) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 23(7), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F50Words in s. 31(8) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 23(8), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
Modifications etc. (not altering text)
C22S. 31 extended (10.3.1999) by S.I. 1999/362, reg. 6(4).
C23S. 31 modified (prosp.) by Education Act 2002 (c. 32), ss. 74(1)(a), 216 (with ss. 210(8), 214(4))
C24S. 31: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
C25S. 31 modified (1.6.2003 for E.) by Education Act 2002 (c. 32), ss. 74(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3
C26S. 31(3) except paragraph (b) applied (with modifications) (1.9.1999) by S.I. 1999/1780, reg. 11, Sch.4.
S. 31(3) applied (with modifications) (1.9.1999) by S.I. 1999/2212, reg. 16, Sch.4.
C27S. 31(6) applied (with modifications) (1.9.1999) by S.I. 1999/1780, reg. 11, Sch.4.
C28S. 31(7) applied (with modifications) (1.9.1999) by S.I. 1999/1780, reg. 11, Sch.4.
S. 31(7) applied (with modifications) (1.9.1999) by S.I. 1999/2212, reg. 16, Sch.4.
C29S. 31(9) applied (with modifications) (1.9.1999) by S.I. 1999/1780, reg. 11, Sch.4.
S. 31(9) applied (with modifications) (1.9.1999) by S.I. 1999/2212, reg. 16, Sch.4.
Commencement Information
I3S. 31 wholly in force at 1.9.1999; s. 31 not in force at Royal Assent see s. 145(3); s. 31(4)(9) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); s. 31 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
(1)The [F52Assembly] may, if [F53it] considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school [F54in Wales], give a direction to the local education authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.
(2)A direction under subsection (1) may require the local education authority to notify any persons or class of persons specified in the direction.
(3)Before giving a direction under subsection (1), the [F55Assembly] shall consult—
(a)the local education authority;
(b)any other local education authority who would in [F56its] opinion be affected by the discontinuance of the school;
(c)in the case of a foundation special school which has a foundation, the person who appoints the foundation governors; and
(d)such other persons as the [F55Assembly] considers appropriate.
(4)On giving a direction under subsection (1) the [F57Assembly] shall give notice in writing of the direction to the governing body of the school and its head teacher.
(5)Where a local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in section 31 or 33 applies to any such discontinuance of the school under this section.
Textual Amendments
F51Words in s. 32 heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 24(5); S.I. 2007/935, art. 7(o)
F52Word in s. 32(1) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 24(2)(a); S.I. 2007/935, art. 7(o)
F53Word in s. 32(1) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 24(2)(b); S.I. 2007/935, art. 7(o)
F54Words in s. 32(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 24(2)(c); S.I. 2007/935, art. 7(o)
F55Word in s. 32(3) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 24(3)(a); S.I. 2007/935, art. 7(o)
F56Word in s. 32(3)(b) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 24(3)(b); S.I. 2007/935, art. 7(o)
F57Word in s. 32(4) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 24(4); S.I. 2007/935, art. 7(o)
(1)Except in pursuance of proposals falling to be implemented under [F59any enactment]—
(a)no maintained school [F60in Wales] shall be established or discontinued;
(b)no prescribed alteration shall be made to any such school; [F61and]
(c)no maintained nursery school [F62in Wales] shall be [F63established or] discontinued.[F64; and
(d)no prescribed alteration shall be made to any maintained nursery school which is maintained by a local education authority in Wales.]
(2)No alteration falling within section 28(11)(a)(i) or (ii) shall be made to any maintained school [F65in Wales].
(3)Subsection (1) has effect subject to sections 19(4), 30(9) and 32(5).
(4)Regulations may, in relation to proposals published under section 28, F66... 29 or 31, require any of the following, namely—
(a)the body or promoters who published the proposals,
(b)the school organisation committee, and
(c)the adjudicator,
to provide such information relating to the proposals to such persons, and at such times, as may be prescribed.
[F67(5)For the purposes of this Part proposals for the establishment of a maintained school [F68in Wales] shall be taken to be implemented on the school opening date.
(6)In this Part “school opening date”, in relation to a new maintained school [F69in Wales], means the date when the school first admits pupils.]
Textual Amendments
F58Words in s. 33 heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 25(6); S.I. 2007/935, art. 7(o)
F59Words in s. 33(1) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 98(2)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F60Words in s. 33(1)(a) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 25(2); S.I. 2007/935, art. 7(o)
F61Word in s. 33(1)(b) repealed (31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2004/912, art. 4, Sch. Pt. 1
F62Words in s. 33(1)(c) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 25(2); S.I. 2007/935, art. 7(o)
F63Words in s. 33(1)(c) inserted (1.6.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 98(2)(b) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1
F64S. 33(1)(d) and word inserted (31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 98(2)(c) (with ss. 210(8), 214(4)); S.I. 2004/912, art. 4, Sch. Pt. 1
F65Words in s. 33(2) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 25(3); S.I. 2007/935, art. 7(o)
F66Word in s. 33(4) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 25(4), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F67S. 33(5)(6) inserted (1.4.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 98(3) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.
F68Words in s. 33(5) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 25(5); S.I. 2007/935, art. 7(o)
F69Words in s. 33(6) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 25(5); S.I. 2007/935, art. 7(o)
Modifications etc. (not altering text)
C30S. 33(1)(b) excluded (temp. until 18.11.2007) (18.11.2005) by The Southwark London Borough Council (Prescribed Alteration) Order 2005 (S.I. 2005/2836), arts. 1(1), 2(b), 3
Commencement Information
I4S. 33 wholly in force at 1.9.1999; s. 33 not in force at Royal Assent see s. 145(3); s. 33(4) in force at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; s. 33 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
Schedule 7 (which provides for the [F70National Assembly for Wales] to give directions to local education authorities [F71in Wales and governing bodies of maintained schools in Wales] to bring forward proposals for the rationalisation of school places, and for such proposals to be made by [F72the Assembly]) shall have effect.
Textual Amendments
F70Words in s. 34 substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 8(a); S.I. 2006/2129, art. 4
F71Words in s. 34 substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 8(b); S.I. 2006/2129, art. 4
F72Words in s. 34 substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 8(c); S.I. 2006/2129, art. 4
(1)Schedule 8 makes provision for and in connection with—
(a)enabling a maintained school [F74in Wales] within one of the categories set out in section 20(1) to become a school within another of those categories, and
(b)in certain circumstances, requiring proposals to be published for a voluntary aided school [F75in Wales] to become a school within another of those categories;
and a maintained school [F74in Wales] may not so change its category otherwise than in accordance with that Schedule.
(2)Except in relation to a change of category from voluntary aided to voluntary controlled school for which proposals are required to be published by virtue of paragraph 3 of Schedule 8, that Schedule does not apply at any time before the end of such period as may be prescribed.
Textual Amendments
F73Words in s. 35 heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 26(3); S.I. 2007/935, art. 7(o)
F74Words in s. 35(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 26(2)(a); S.I. 2007/935, art. 7(o)
F75Words in s. 35(1)(b) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 26(2)(b); S.I. 2007/935, art. 7(o)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys