Rheoliadau Addysg (Newid Categori Ysgolion a Gynhelir) (Cymru) 1999

Rheoliad 5

ATODLEN 1 DARPARIAETHAU ADRAN 28 O'R DDEDDF AC ATODLEN 6 IDDI SY'N CAEL EFFAITH MEWN PERTHYNAS Å'R CYNIGION A GRYBWYLLIR YN RHEOLIAD 4

1.   Bydd is-adrannau adran 28 o'r Ddeddf, a'r paragraffau yn Rhan II o Atodlen 6 iddi, y cyfeirir atynt yn ngholofn 1 o Dablau 1 i 3 isod yn cael effaith mewn perthynas â'r cynigion a grybwyllir yn rheoliad 4 gyda'r addasiadau a bennir yn yr Atodlen hon mewn perthynas â'r darpariaethau hynny.

2.   Bydd darpariaethau'r Ddeddf a bennir yng ngholofn 1 o Dabl 1 isod yn cael effaith fel pe rhoddid y geiriau yn ngholofn 3 o'r tabl hwnnw yn lle'r geiriau y cyfeirir atynt yn ngholofn 2 o'r tabl hwnnw.

Tabl/Table 1

colofn/column 1	colofn/column 2	colofn/column 3
adran/section 28(5)	“under this section”	“under paragraph 3 of Schedule 8”
adran/section 28(5)	“the relevant body or promoters”	“the governing body”
adran/section 28(5)	“the relevant body or promoters”	“the governing body”
Atodlen/Schedule 6 paragraff/paragraph 6	“section 28, 29 or 31”	“paragraph 3 of Schedule 8”
Atodlen/Schedule 6 paragraff/paragraph 7	“section 28,29 or 31”	“paragraph 3 of Schedule 8”
Atodlen/Schedule 6 paragraff/paragraph 8(2)(c)	“such persons or bodies as may be prescribed”	“the local education authority and the governing body”

3.   Bydd darpariaethau'r Ddeddf a bennir yng ngholofn 1 o Dabl 2 isod yn cael effaith fel petai'r geiriau neu'r ddarpariaeth y cyfeirir atynt yng ngholofn 2 o'r tabl hwnnw wedi'u hepgor.

Tabl/Table 2

colofn/column 1	colofn/column 2
adran/section 28(11)	is-baragraff/sub-paragraph (a)
Atodlen/Schedule 6 paragraff/paragraph 6	“or proposed school”
Atodlen/Schedule 6 paragraff/paragraph 7	is-baragraff/sub-paragraph (2)
Atodlen/Schedule 6 paragraff/paragraph 8(4)	“or (in the case of a new school) is proposed to be”
Atodlen/Schedule 6 paragraff/paragraph 10	is-baragraffau/sub-paragraphs (3) to (6)

4.   Bydd darpariaethau'r Ddeddf y cyfeirir atynt yng ngholofn 1 o Dabl 3 isod yn cael effaith fel pe rhoddid y geiriau y cyfeirir atynt yng ngholofn 2 o'r tabl hwnnw yn lle'r geiriau yn y ddarpariaeth honno.

Tabl/Table 3

colofn/column 1	colofn/column 2
adran/section 28(3)	“(3) Proposals under paragraph 3 of Schedule 8 shall— (a) contain the following information — (i) the name of the governing body publishing the proposals, (ii) the date on which it is proposed that the change of category should take place, (iii) a statement explaining the effect of paragraph 7 of Schedule 6 including the date by which objections should be sent to the National Assembly for Wales, (iv) a statement that it is proposed to change the category of the school from voluntary aided to voluntary controlled, (v) a statement that after the change of category has taken place, the local education authority will be the admission authority for the school; and (b) shall be published — (i) by being posted in a conspicuous place in the area served by the school, (ii) in at least one newspaper circulating in the area served by the school, and (iii) by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.”
adran/section 28(7)	“(7) Where any proposals published under paragraph 3 of Schedule 8 relate to a school in Wales, the governing body shall send — (a) a copy of the published proposals, and (b) the information specified in subsection (7A), to the National Assembly for Wales. (7A) The information referred to in subsection (7) is — (a) the objectives of the proposals; (b) evidence of consultation before the proposals were published including — (i) copies of the consultation documents, and (ii) the views and responses from the persons consulted; (c) a map showing the location of the school and all other community, voluntary and foundation schools within a radius of 3.218688 kilometres (2 miles), where the school is a primary school or 4.828032 kilometres (3 miles) where the school is a secondary school; (d) the following information relating to the school for the school year in which the proposals were published and (except for the information specified in sub-paragraph (iv)), the previous school year — (i) the standard number for each relevant age group, (ii) the number of year groups, (iii) the capacity of the school, and (iv) the number of pupils at the school; and a forecast of the matters specified in sub-paragraphs (ii) to (iv) for each of the subsequent five years; (e) a list of all the schools within the radius of the school mentioned in paragraph (c) above stating which schools are maintained by different local education authorities together with the information referred to in paragraph (d) in respect of each such school; (f) the following information relating to the accommodation at the school — (i) the location of the accommodation, (ii) whether the school occupies a single or split site, (iii) how accessible the accommodation is, (iv) details of the general and specialist accommodation (both teaching and non-teaching), and (v) (where relevant) details of accommodation for nursery education; (g) a breakdown of any costs involved in the change of category; (h) details of the policy of the school relating to the education of pupils with special educational needs; (i) a statement as to whether the school has been inspected under section 10 of the School Inspection Act 1996(1) during the period starting three years before the date of the notice of the proposals and, where the school has been inspected during that period, the date of the inspection and details of the outcome of the inspection; (j) details of the tenure (freehold or leasehold) on which the site of the school is held and, if the premises are held as a lease, details of the lease; and (k) details of the trusts on which the site of the school is held.”
Atodlen/Schedule 6 paragraff/paragraph 7(3)	“(3) Any objections under this paragraph shall be sent to the National Assembly for Wales — (a) within two months after the date of publication of the proposals, except where paragraph (b) of this sub-paragraph applies; and (b) within one month after the date of publication of the proposals, where the school is one to which section 15 applies.”
Atodlen/Schedule 6 paragraff/paragraph 8(1)	“(1) Proposals published under paragraph 3 of Schedule 8 require approval under this paragraph.”
Atodlen/Schedule 6 paragraff/paragraph 8(3)	“(3) An approval given under this paragraph may be expressed to take effect only if a scheme relating to any charity connected with the school is made by a date specified in the approval.”
Atodlen/Schedule 6paragraff/paragraph 8(5)	“(5) Proposals published under paragraph 3 of Schedule 8 may only be withdrawn with the consent in writing of the National Assembly for Wales.”
Atodlen/Schedule 6 paragraff/paragraph 10(1)	“(1) Where any proposals published under paragraph 3 of Schedule 8 have been approved under paragraph 8 then (subject to the following provisions of this paragraph) the proposals shall be implemented in the form in which they were so approved in accordance with regulations made under paragraph 5 of Schedule 8.”
Atodlen/Schedule 6 paragraff/paragraph 10(2)	“(2) At the request of the governing body or the local education authority, the National Assembly for Wales — (a) may modify the proposals after consulting that governing body and the local education authority; and (b) where any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the scheme in question must be made.”

(1)

1996 c. 57.