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School Standards and Organisation (Wales) Act 2013
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School Standards and Organisation (Wales) Act 2013, Section 40 is up to date with all changes known to be in force on or before 01 November 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.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 3 Ch. 3A inserted by 2022 asc 1 Sch. 4 para. 29(7)
- s. 1(9A) inserted by 2022 asc 1 Sch. 4 para. 29(2)(a)
- s. 38(2)(ca) inserted by 2022 asc 1 Sch. 4 para. 29(3)(a)
- s. 38(5)(ca) inserted by 2022 asc 1 Sch. 4 para. 29(3)(b)
- s. 39(1)(ca) inserted by 2022 asc 1 Sch. 4 para. 29(4)
- Sch. 2 para. 19(2)(c)(i) word inserted by 2022 asc 1 Sch. 4 para. 29(12)(b)
40Restriction on establishment, alteration and discontinuance of maintained schoolsE+W
This section has no associated Explanatory Notes
(1)A new community school, voluntary school or community special school may be established in Wales only in accordance with this Part.
(2)No new foundation school or foundation special school may be established in Wales.
(3)A maintained school may be discontinued only in accordance with this Part.
(4)An alteration which is a regulated alteration in relation to the type of school in question may be made to a maintained school only in accordance with this Part.
(5)No alteration may be made to a maintained school that changes the religious character of the school or causes a school to acquire or lose a religious character.
(6)Subsection (3) has effect subject to section 16(5) (power of Welsh Ministers to direct closure of school).
(7)Schedule 2 (which describes regulated alterations) has effect.
Commencement Information
I1S. 40 in force at 1.10.2013 by S.I. 2013/1800, art. 3(a) (with art. 4)
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