The Education (Maintained Special Schools) (Wales) Regulations 1999

PART I PRELIMINARY

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Education (Maintained Special Schools) (Wales) Regulations 1999 and shall come into force on 1st September 1999.

(2) These Regulations apply in relation to local education authorities and schools maintained by (or, in the case of new schools, proposed to be maintained by) local education authorities in Wales.

Interpretation

2.—(1) In these Regulations

“the Act” means the School Standards and Framework Act 1998;

“maintained special school” means a community or foundation special school;

“the Assembly” means the National Assembly for Wales or Cynulliad Cenedlaethol Cymru(1).

(2) Unless the context otherwise requires, a reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations so numbered and a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

PART II ESTABLISHMENT, ALTERATION AND DISCONTINUANCE OF MAINTAINED SPECIAL SCHOOLS

Alterations for which proposals must be published

3.  For the purposes of subsection (1)(b) and (2)(a) of section 31 of the Act the alterations specified in Schedule 1 are prescribed as alterations for which proposals must be published under that section.

Information to be contained in published proposals

4.—(1) This regulation prescribes for the purposes of section 31(3)(a) of, and paragraph 5(2)(a) of Schedule 7 to, the Act, the information which proposals published under section 31 of, and paragraph 5 of Schedule 7 to, the Act relating to maintained special schools (including new schools) must contain.

(2) Any such proposals must contain the information specified in Part I of Schedule 2 together with–

(a) the information specified in Part II of that Schedule where the proposals are to establish a new school, or

(b) the information specified in Part III of that Schedule where the proposals are to make a prescribed alteration to a school, or

(c) the information specified in Part IV of that Schedule where the proposals are to discontinue a school.

Manner of publication of proposals

5.—(1) This regulation prescribes for the purposes of section 31(3)(b) of, and paragraph 10(4) of Schedule 6 and paragraph 5(2)(b) of Schedule 7 to the Act the manner in which proposals relating to maintained special schools (including new schools) required to be published under section 31 of, or paragraph 10(4) of Schedule 6 or paragraph 5 of Schedule 7 to, the Act shall be published.

(2) Any proposals for the establishment of a school shall be published in at least one newspaper circulating in the area proposed to be served by the school.

(3) Any proposals for the making of a prescribed alteration to a school which would not alter the area to be served by the school or for the discontinuance of the school shall be published–

(a) in at least one newspaper circulating in the area served by the school; and

(b) by being posted at or near the main entrance to the school, or, if there is more than one main entrance, all of them.

(4) Any proposals for the making of a prescribed alteration to a school which would alter the area proposed to be served by the school, shall be published–

(a) in at least one newspaper circulating in the area served by the school and the area proposed to be served by the school; and

(b) by being posted at or near the main entrance to the school, or, if there is more than one main entrance, all of them.

(5) Any proposals that paragraph 10(1) of Schedule 6 to the Act (requirement to implement proposals) should cease to apply in relation to proposals published under section 31 of the Act shall be published–

(a) in at least one newspaper circulating in the same area or areas in which the newspaper or newspapers in which notice of the original proposals was published circulated; and

(b) where the proposals relate to an existing school, by being posted at or near the main entrance to the school, or, if there is more than one main entrance, all of them.

(6) In complying with their obligation under paragraph (2), (3)(a), (4)(a) or (5)(a) the relevant body shall ensure, insofar as is reasonably practicable, that the circulation areas of all the newspapers in which the proposals are published, taken together cover the whole of the area or areas referred to in paragraph (2), (3)(a), (4)(a) or (5)(a), as the case may be.

(7) For the purposes of paragraph (6), the circulation area is the area in which the newspaper circulates.

Information to be provided to the Assembly

6.—(1) This regulation prescribes for the purposes of section 31(6)(b) of the Act the information in connection with proposals published under section 31 of the Act which must be sent to the Assembly.

(2) Where proposals have been published under section 31 of the Act the relevant body shall send to the Assembly the information specified in Part II of Schedule 3 together with–

(a) such of the information specified in Part III of that Schedule as applies to the proposals, where the proposals are to establish a new school;

(b) such of the information specified in Part IV of that Schedule as applies to the proposals, where the proposals are to make a prescribed alteration to a school; and

(c) such of the information specified in Part V of that Schedule as applies to the proposals, where the proposals are to discontinue a school.

Other bodies to whom proposals should be sent

7.—(1) This regulations prescribes, for the purposes of section 31(7) of the Act, the bodies or persons to whom the relevant body shall also send a copy of any proposals to which section 31(6) of the Act applies.

(2) The bodies or persons referred to in paragraph (1) are–

(a) the Further Education Funding Council for Wales, if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992(2) applies;

(b) where the proposals are published by the governing body of a foundation special school, the local education authority who maintain the school;

(c) where the proposals are to make a prescribed alteration to, or discontinue, a school, each local education authority who maintain a statement under section 324 of the Education Act 1996(3) in respect of a registered pupil at the school;

(d) where the proposals are for the establishment of a new school–

(i) any local education authority whose area adjoins that of the authority whom it is proposed should maintain the school, and

(ii) where it is intended that the school should be situated in the area of a local education authority other than the authority whom it is proposed should maintain the school, the local education authority in whose area the school is proposed to be situated proposed to be situated and any local education authority not falling within paragraph (i) of this sub-paragraph whose area adjoins the area of that local education authority;

(e) where the proposals are for the transfer of a school to a new site in a different area–

(i) the local education authority in whose area the proposed new site is to be situated, and

(ii) any local education authority whose area adjoins the area in which the proposed new site is to be situated;

(f) where the proposals are to make a prescribed alteration to, or to discontinue, a school, the registered parents of every registered pupil at the school;

(g) any Local Health Authority which acts for any area which includes any part of the area of the local education authority who maintain or whom it is proposed should maintain the school; and

(h) any National Health Service trust who have responsibility for the ownership or management of any hospital or other establishment or facilities in the area of the local education authority who maintain or whom it is proposed should maintain the school.

Objections to proposals

8.—(1) This regulation–

(a) prescribes for the purposes of paragraph 7(2)(a) and (3) of Schedule 6 and paragraph 12(2) of Schedule 7 to the Act the period within which objections to proposals mentioned in those paragraphs relating to maintained special schools may be sent; and

(b) prescribes for the purposes of paragraph 7(2)(b) of Schedule 6 to the Act the period within which a local education authority must send to the Assembly copies of objections to proposals relating to such schools.

(2) Objections to proposals published under section 31 of, or paragraph 5 of Schedule 7 to, the Act shall be sent to the local education authority or the Assembly (as the case may be)–

(a) within the period of two months after the date of publication of the proposals, except where sub-paragraph (b) applies; and

(b) within the period of one month after the date of publication of the proposals, where–

(i) the proposals are published under section 31 of the Act to make a prescribed alteration to or to discontinue a school to which section 15 of the Act applies, or

(ii) the proposals are published under section 31 of the Act to establish a new school on the same site as a school to which section 15 of the Act applies and which it is proposed to discontinue.

(3) The local education authority shall send copies of objections made (and not withdrawn in writing) within the objection period, together with the authority’s observations thereon, to the Assembly in accordance with paragraph 7(2)(b) of Schedule 6 to the Act within–

(a) the period of one month after the end of the objection period except where the proposals fall within paragraph (2)(b); or

(b) the period of two weeks after the end of the objection period where the proposals fall within paragraph (2)(b).

Approval of proposals with modifications after consultation

9.—(1) This regulation prescribes, for the purposes of paragraph 8(2)(c) of Schedule 6 to the Act, the persons or bodies with whom the Assembly must consult before approving, with modifications, proposals published under section 31 of the Act.

(2) The persons or bodies prescribed are the persons or body who published the proposals, and–

(a) where the proposals were published by the governing body of a foundation special school, the local education authority who maintain the school; or

(b) where the proposals were published by the local education authority to make a prescribed alteration to or to discontinue a foundation special school, the governing body of the school.

Modification of approved proposals

10.—(1) This regulation prescribes, for the purposes of paragraph 10(2) of Schedule 6 to the Act, the persons or body–

(a) at whose request the Assembly may modify approved proposals relating to a maintained special school;

(b) whom the Assembly must consult before modifying such approved proposals; and

(c) at whose request the Assembly may, where approval of proposals in respect of a maintained special school was given in accordance with paragraph 8(3) of that Schedule (approval expressed to take effect only if an event specified in the approval occurs by a date so specified), specify a later date by which the event in question must occur.

(2) The Assembly may modify approved proposals or specify a later date at the request of the persons or body who published the proposals.

(3) Before modifying approved proposals, the Assembly shall consult–

(a) in the case of approved proposals published by the governing body of a foundation special school, the local education authority who maintain the school;

(b) in the case of approved proposals published by the local education authority to make a prescribed alteration to or to discontinue a foundation special school, the governing body of the school; and

(c) (in every case), the persons or body who published the proposals.

(4) In this regulation references to approved proposals include references to proposals which the body or promoters by whom they were published have determined to implement under paragraph 9 of Schedule 6 to the Act.

Application of and modification of provisions of the Act in special cases

11.  Schedule 4 has effect for the purpose of applying with modifications (where specified) provisions of section 31 of, and Part II of Schedule 6 to, the Act in relation to proposals published under paragraph 10(4) of Schedule 6 to the Act relating to maintained special schools.

PART III MISCELLANEOUS

Religious Education

12.  Arrangements shall be made to secure that, so far as practicable, every pupil attending a maintained special school will attend daily collective worship and receive religious education, or will be withdrawn from attendance at such worship or from receiving such education in accordance with the wishes of his parent.

Admission to Maintained Special Schools

13.—(1) Subject to paragraph (2) below no child shall be admitted to a maintained special school unless–

(a) a statement of special educational needs is maintained for him under Part IV of the Education Act 1996(4);

(b) he is admitted for the purposes of an assessment of his special educational needs in accordance with section 323 of the Education Act 1996 and his admission to the school is with the agreement of the local education authority, the school’s governing body, the child’s parent and any person whose advice is to be sought in accordance with regulation 6 of the Education (Special Educational Needs) Regulations 1994(5); or

(c) he is admitted following a change in his circumstances, with the agreement of the local education authority, the school’s governing body, and the child’s parent.

(2) A child may be admitted to a special school established in a hospital provided that he requires hospital treatment.

(3) The admission of a child to a maintained special school in accordance with paragraph 1(c) shall be reviewed at the end of every term.

Signed by authority of the Secretary of State for Wales

Jon Owen Jones

Parliamentary Under Secretary of State, Welsh Office

22nd June 1999