School Standards and Organisation (Wales) Act 2013

1. Introductory Text

2. PART 1 INTRODUCTION

   1. 1. Overview of this Act

3. PART 2 STANDARDS

   1. CHAPTER 1 INTERVENTION IN CONDUCT OF MAINTAINED SCHOOLS

      1. Grounds for intervention

         1. 2. Grounds for intervention

      2. Intervention by a local authority

         1. 3. Warning notice

         2. 4. Power to intervene

         3. 5. Power to require governing body to secure advice or collaborate

         4. 6. Power to appoint additional governors

         5. 7. Power of local authority to constitute governing body of interim executive members

         6. 8. Power of local authority to suspend right to delegated budget

         7. 9. General power to give directions and take steps

      3. Intervention by the Welsh Ministers

         1. 10. Warning notice

         2. 11. Power of the Welsh Ministers to intervene

         3. 12. Power to require governing body to secure advice or collaborate

         4. 13. Power of Welsh Ministers to appoint additional governors

         5. 14. Power of Welsh Ministers to constitute governing body of interim executive members

         6. 15. Power of Welsh Ministers to direct federation of schools

         7. 16. Power of Welsh Ministers to direct closure of school

         8. 17. General power to give directions and take steps

      4. Supplementary

         1. 18. Governing bodies consisting of interim executive members

         2. 19. Directions

         3. 20. Guidance

   2. CHAPTER 2 INTERVENTION IN LOCAL AUTHORITIES

      1. Grounds for intervention

         1. 21. Grounds for intervention

      2. Warning notice

         1. 22. Warning notice

      3. Powers of intervention

         1. 23. Power of Welsh Ministers to intervene

         2. 24. Power to require local authority to obtain advisory services

         3. 25. Power to require performance of functions by other persons on behalf of authority

         4. 26. Power to require performance of functions by Welsh Ministers or nominee

         5. 27. Power to direct exercise of other education functions

         6. 28. General power to give directions and take steps

      4. Supplementary

         1. 29. Directions

         2. 30. Duty to co-operate

         3. 31. Powers of entry and inspection

   3. CHAPTER 3 SCHOOL IMPROVEMENT GUIDANCE

      1. 32. Meaning of “school authority”

      2. 33. Power to issue school improvement guidance

      3. 34. Consultation and National Assembly for Wales procedures

      4. 35. Duty to follow school improvement guidance

      5. 36. Policy statements: requirements and ancillary powers

      6. 37. Directions

4. PART 3 SCHOOL ORGANISATION

   1. CHAPTER 1 SCHOOL ORGANISATION CODE

      1. 38. School Organisation Code

      2. 39. Making and approval of School Organisation Code

   2. CHAPTER 2 SCHOOL ORGANISATION PROPOSALS

      1. Establishment, alteration and discontinuance of maintained schools

         1. 40. Restriction on establishment, alteration and discontinuance of maintained schools

         2. 41. Proposals to establish mainstream schools

         3. 42. Proposals to alter mainstream schools

         4. 43. Proposals to discontinue mainstream schools

         5. 44. Proposals to establish, alter or discontinue community special schools

      2. Changes of category

         1. 45. Proposals to change a school's category

         2. 46. Restrictions on changing category of school

         3. 47. Effect of change of category

      3. Publication, consultation and objections

         1. 48. Publication and consultation

         2. 49. Objections

      4. Approval and determination of proposals

         1. 50. Approval by Welsh Ministers

         2. 51. Approval by local authority

         3. 52. Related proposals

         4. 53. Determination

         5. 54. Referral to the Welsh Ministers

         6. 55. Implementation

         7. 56. Interpretation of Chapter 2

   3. CHAPTER 3 RATIONALISATION OF SCHOOL PLACES

      1. Directions to make proposals for rationalisation of school places

         1. 57. Directions to make proposals to remedy excessive or insufficient provision

         2. 58. Further provision about proposals made after a direction under section 57(2)

      2. Proposals by Welsh Ministers to rationalise school places

         1. 59. Making and publication of proposals by Welsh Ministers

      3. Procedure for dealing with proposals under section 59

         1. 60. Objections

         2. 61. Local inquiry into proposals

         3. 62. Adoption of proposals

         4. 63. Implementation of proposals

   4. CHAPTER 4 REGIONAL PROVISION FOR ADDITIONAL LEARNING NEEDS

      1. 64. Meaning of “regional provision” and “ additional learning needs functions”

      2. 65. Direction to consider making regional provision

      3. 66. Directions to make proposals to secure regional provision

      4. 67. Further provision about proposals made after a direction under section 66

      5. 68. Proposals by Welsh Ministers

      6. 69. Objections

      7. 70. Adoption of proposals

   5. CHAPTER 5 PROPOSALS FOR RESTRUCTURING SIXTH FORM EDUCATION

      1. Making and determining proposals

         1. 71. Welsh Ministers' powers to restructure sixth form education

         2. 72. Consultation, publication and objections

         3. 73. Determination by Welsh Ministers

      2. Implementation of proposals for restructuring sixth form education

         1. 74. Form of implementation

         2. 75. Responsibility for implementation

         3. 76. Further provision as to implementation

      3. Supplementary

         1. 77. Consequential amendments to inspection reports on sixth form education

   6. CHAPTER 6 MISCELLANEOUS AND SUPPLEMENTAL

      1. 78. Federated schools

      2. 79. Prohibition on local authorities establishing schools in England

      3. 80. Notice by governing body to discontinue foundation or voluntary school

      4. 81. Direction requiring discontinuance of community special school

      5. 82. Transitional exemption orders for purposes of Equality Act 2010

      6. 83. Interpretation of Part 3

5. PART 4 WELSH IN EDUCATION STRATEGIC PLANS

   1. 84. Preparation of Welsh in education strategic plans

   2. 85. Approval, publication and implementation of Welsh in education strategic plans

   3. 86. Assessing demand for Welsh medium education

   4. 87. Regulations and guidance

6. PART 5 MISCELLANEOUS SCHOOLS FUNCTIONS

   1. Free breakfasts in primary schools

      1. 88. Duty to provide free breakfasts for pupils in primary schools

      2. 89. Transitional provision

      3. 90. Interpretation of sections 88 and 89

   2. Power to charge for meals

      1. 91. Amendment to power to charge for school meals etc

   3. School-based counselling

      1. 92. Independent counselling services for school pupils and other children

      2. 93. Information about independent counselling services

   4. Parents' meetings

      1. 94. Duty of governing body of maintained schools to hold meetings following petition by parents

      2. 95. Repeal of duty to hold annual parents' meeting

   5. Code of practice on local authority school relations

      1. 96. Repeal of provision for code of practice for local authority school relations

7. PART 6 GENERAL

   1. 97. Orders and regulations

   2. 98. General interpretation and index of defined expressions

   3. 99. Minor and consequential amendments

   4. 100. Commencement

   5. 101. Short title and inclusion as one of the Education Acts

8. 1. SCHEDULE 1

      GOVERNING BODIES CONSISTING OF INTERIM EXECUTIVE MEMBERS

      1. Interpretation of Schedule

         1. 1. (1) In this Schedule— “the appropriate authority” (“”) means— where...

      2. Governing body to consist of members appointed by appropriate authority

         1. 2. (1) The governing body of the school is to consist...

      3. Effect of notice under section 7 or 14

         1. 3. (1) On the date specified in the notice under section...

      4. Number of interim executive members

         1. 4. (1) The number of interim executive members must not be...

      5. Terms of appointment of interim executive members

         1. 5. (1) Every appointment of an interim executive member must be...

      6. Duty of appropriate authority to inform other persons

         1. 6. (1) The appropriate authority must give a copy of the...

      7. Power to specify duration of interim period

         1. 7. The appropriate authority may specify the duration of the interim...

      8. Chair

         1. 8. The appropriate authority may nominate one of the interim executive...

      9. Remuneration and allowances

         1. 9. The appropriate authority may pay to any interim executive member...

      10. Duty of interim executive board

          1. 10. (1) During the interim period, the interim executive board must...

      11. Proceedings of interim executive board

          1. 11. (1) The interim executive board may determine its own procedure....

      12. Effect on suspension of delegated budget

          1. 12. (1) If immediately before the date specified in a notice...

      13. Exclusion of certain statutory provisions

          1. 13. (1) Regulations made under section 19(2) or (3) of the...

      14. Closure of school

          1. 14. (1) At any time during the interim period, the interim...

      15. Notice of resumption of government by normally constituted governing body

          1. 15. (1) The following sub-paragraph applies if— (a) the notice under...

      16. Time when interim executive members cease to hold office

          1. 16. (1) The interim executive members are to vacate office—

      17. Establishment of normally constituted governing body

          1. 17. (1) Where interim executive members are to vacate office on...

   2. SCHEDULE 2

      REGULATED ALTERATIONS

      1. PART 1 ALL MAINTAINED SCHOOLS

         1. 1. Paragraphs 2 and 3 describe regulated alterations in relation to...

         2. Site transfers

            1. 2. The transfer of a school to a new site or...

         3. Mixed sex and single-sex schools

            1. 3. (1) An alteration to a school so that—

      2. PART 2 ALL MAINTAINED SCHOOLS OTHER THAN MAINTAINED NURSERY SCHOOLS

         1. 4. Paragraphs 5 to 8 describe regulated alterations in relation to...

         2. Age range

            1. 5. (1) The alteration by a year or more of the...

         3. Sixth form provision

            1. 6. (1) The introduction of the provision of full-time education suitable...

         4. Language medium – primary education

            1. 7. (1) This paragraph applies to— (a) primary schools,

         5. Language medium - secondary education

            1. 8. (1) This paragraph applies to— (a) secondary schools,

      3. PART 3 COMMUNITY, FOUNDATION AND VOLUNTARY SCHOOLS

         1. 9. Paragraphs 10 to 17 describe regulated alterations in relation to...

         2. Alterations to premises

            1. 10. (1) An enlargement of the premises of the school which...

            2. 11. (1) An enlargement of the premises of the school which...

            3. 12. The making permanent of a temporary enlargement which at the...

            4. 13. An alteration of the premises of the school which would...

            5. 14. For the purposes of paragraphs 10 to 13—

         3. Additional learning needs

            1. 15. (1) The establishment or discontinuance of provision which is recognised...

         4. Admission arrangements

            1. 16. The introduction of admission arrangements to which section 101(1) of...

         5. Boarding provision

            1. 17. (1) The introduction or ending of provision for boarding accommodation....

      4. PART 4 SPECIAL SCHOOLS

         1. 18. Paragraphs 19 to 21 describe regulated alterations in relation to...

         2. Increase in pupils

            1. 19. (1) Except where the school is established in a hospital,...

         3. Boarding provision

            1. 20. The alteration of the provision of boarding accommodation so that...

         4. Additional learning needs provision

            1. 21. A change in the type of special educational additional learning...

      5. PART 5 MAINTAINED NURSERY SCHOOLS

         1. 22. Paragraphs 23 to 25 describe regulated alterations in relation to...

         2. Teaching space

            1. 23. (1) An enlargement of the teaching space, other than a...

         3. Additional learning needs

            1. 24. (1) The establishment or discontinuance of provision which is recognised...

         4. Language medium

            1. 25. (1) In the case of a school at which a...

      6. PART 6 SUPPLEMENTARY

         1. Power to amend

            1. 26. (1) The Welsh Ministers may by order amend any provision...

   3. SCHEDULE 3

      IMPLEMENTATION OF STATUTORY PROPOSALS

      1. PART 1 RESPONSIBILITY FOR IMPLEMENTATION

         1. Interpretation

            1. 1. In this Part of this Schedule— (a) “proposals” means proposals...

         2. Proposals relating to community or maintained nursery schools

            1. 2. (1) This paragraph applies to proposals relating to a community...

         3. Proposals relating to foundation or voluntary controlled schools

            1. 3. (1) This paragraph applies to proposals relating to a foundation...

         4. Proposals relating to voluntary aided schools

            1. 4. (1) This paragraph applies to proposals relating to a voluntary...

         5. Proposals relating to community special schools

            1. 5. (1) This paragraph applies to proposals relating to a community...

         6. Change of category

            1. 6. If a school changes category from a community school after...

      2. PART 2 PROVISION OF PREMISES AND OTHER ASSISTANCE

         1. Provision of site and buildings for foundation or voluntary controlled school

            1. 7. (1) This paragraph applies where a local authority is required...

         2. Grants in respect of certain expenditure relating to existing or proposed voluntary aided school

            1. 8. (1) This paragraph applies where— (a) the governing body of...

         3. Assistance in respect of maintenance and other obligations relating to voluntary aided school

            1. 9. A local authority may give to the governing body of...

         4. Assistance in respect of new voluntary aided school

            1. 10. A local authority may give to persons required by virtue...

         5. Duty to transfer interest in premises provided under paragraph 9 or 10

            1. 11. (1) Where assistance under paragraph 9 or 10 consists of...

      3. PART 3 TRANSITIONAL EXEMPTION ORDERS FOR PURPOSES OF THE EQUALITY ACT 2010

         1. Single-sex schools

            1. 12. (1) This paragraph applies to proposals to make a regulated...

   4. SCHEDULE 4

      IMPLEMENTATION OF PROPOSALS TO CHANGE CATEGORY OF SCHOOL

      1. PART 1 INTRODUCTORY

         1. Interpretation

            1. 1. In this Schedule— “group” (“”) has the meaning given by...

         2. Implementation

            1. 2. On the implementation date the school is to change category...

      2. PART 2 TRANSFER OF STAFF

         1. Change to voluntary aided school

            1. 3. (1) This paragraph applies where a community or voluntary controlled...

         2. Change to community or voluntary controlled school

            1. 4. (1) This paragraph applies where a foundation or voluntary aided...

         3. Change to voluntary aided school with a religious character

            1. 5. (1) This paragraph applies where a voluntary controlled school or...

      3. PART 3 TRANSFER OF LAND

         1. Effect of transfers

            1. 6. (1) Sub-paragraph (2) applies where— (a) land is transferred to...

            2. 7. Any reference in this Part of this Schedule, in relation...

            3. 8. Transfers of land under this Schedule do not affect the...

            4. 9. In its application to transfers under this Schedule, Schedule 10...

         2. Change from community school to voluntary aided school

            1. 10. (1) Sub-paragraph (2) applies where— (a) proposals for a community...

            2. 11. (1) Sub-paragraph (2) applies where— (a) proposals for a community...

         3. Change from community school to voluntary controlled school

            1. 12. (1) Sub-paragraph (2) applies where— (a) proposals for a community...

            2. 13. (1) Sub-paragraph (2) applies where— (a) proposals for a community...

         4. Change from foundation school to community school

            1. 14. (1) Sub-paragraphs (2) and (3) apply where proposals for a...

            2. 15. (1) Sub-paragraphs (2) and (3) apply where proposals for a...

         5. Change from foundation school to voluntary aided or voluntary controlled school

            1. 16. (1) Sub-paragraph (2) applies where— (a) proposals for a foundation...

            2. 17. (1) Sub-paragraph (2) applies where— (a) proposals for a foundation...

            3. 18. (1) Sub-paragraph (2) applies where— (a) proposals for a foundation...

         6. Change from voluntary aided school to community school

            1. 19. (1) Sub-paragraphs (2) and (3) apply where proposals for a...

            2. 20. (1) Sub-paragraphs (2) and (3) apply where proposals for a...

         7. Change from voluntary aided or voluntary controlled school to voluntary controlled or voluntary aided school

            1. 21. (1) Sub-paragraph (2) applies where— (a) proposals for a voluntary...

            2. 22. (1) Sub-paragraph (2) applies where— (a) proposals for a voluntary...

         8. Change from foundation, voluntary aided or voluntary controlled school to voluntary controlled or voluntary aided school

            1. 23. (1) Sub-paragraph (2) applies where— (a) proposals for a foundation,...

         9. Change from voluntary controlled school to community school

            1. 24. (1) Sub-paragraphs (2) and (3) apply where proposals for a...

            2. 25. (1) Sub-paragraphs (2) and (3) apply where proposals for a...

         10. Outstanding transfers

             1. 26. (1) Sub-paragraph (2) applies where immediately before the implementation date...

         11. Transfer of right to use land

             1. 27. (1) Sub-paragraph (2) applies if— (a) paragraph 10, 11, 12...

             2. 28. (1) Sub-paragraph (2) applies if— (a) paragraph 14, 15, 19,...

             3. 29. (1) Sub-paragraph (2) applies if— (a) paragraph 14, 15, 19,...

         12. Exclusions from transfer

             1. 30. Nothing in paragraphs 10 to 25 has the effect of...

             2. 31. (1) Sub-paragraph (2) applies if before the implementation date in...

             3. 32. (1) Sub-paragraph (2) applies if in the absence of agreement...

             4. 33. (1) An agreement under paragraph 31 may provide for the...

             5. 34. In paragraphs 31 and 32— “the prospective transferee” (“”), in...

         13. Restrictions on disposal or use of land

             1. 35. (1) For the purposes of paragraphs 36 and 37 the...

             2. 36. (1) While the procedure for becoming a school of another...

             3. 37. (1) While the procedure for becoming a school of another...

      4. PART 4 SUPPLEMENTAL

         1. School government

            1. 38. (1) The Welsh Ministers may by regulations make provision in...

         2. Transitional provisions - admissions

            1. 39. (1) Where a community or voluntary controlled school becomes a...

   5. SCHEDULE 5

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. PART 1 AMENDMENTS RELATING TO PART 2 (STANDARDS)

         1. Education Reform Act 1988

            1. 1. (1) Section 219 of the Education Reform Act 1988 (powers...

         2. Education Act 1996

            1. 2. (1) The Education Act 1996 is amended as follows.

         3. Teaching and Higher Education Act 1998

            1. 3. In section 19 of the Teaching and Higher Education Act...

         4. School Standards and Framework Act 1998

            1. 4. (1) The School Standards and Framework Act 1998 is amended...

         5. Local Government Act 2000

            1. 5. (1) Schedule 1 to the Local Government Act 2000 (executive...

         6. Education Act 2002

            1. 6. (1) The Education Act 2002 is amended as follows.

         7. Children Act 2004

            1. 7. (1) The Children Act 2004 is amended as follows.

         8. Education Act 2005

            1. 8. (1) The Education Act 2005 is amended as follows.

         9. Education and Inspections Act 2006

            1. 9. (1) The Education and Inspections Act 2006 is amended as...

         10. Childcare Act 2006

             1. 10. For section 29 of the Childcare Act 2006 (powers of...

         11. Equality Act 2010

             1. 11. (1) Section 87 of the Equality Act 2010 (application of...

         12. Apprenticeships, Skills, Children and Learning Act 2009

             1. 12. In the Apprenticeships, Skills, Children and Learning Act 2009 omit...

         13. Education (Wales) Measure 2011

             1. 13. (1) The Education (Wales) Measure 2011 is amended as follows....

      2. PART 2 AMENDMENTS RELATING TO PART 3 (SCHOOL ORGANISATION)

         1. Education Reform Act 1988

            1. 14. (1) The Education Reform Act 1988 is amended as follows....

         2. ...

            1. 15. (1) The Diocesan Boards of Education Measure 1991 is amended...

         3. Further and Higher Education Act 1992

            1. 16. (1) The Further and Higher Education Act 1992 is amended...

         4. Education Act 1996

            1. 17. (1) The Education Act 1996 is amended as follows.

         5. Education Act 1997

            1. 18. (1) The Education Act 1997 is amended as follows.

         6. School Standards and Framework Act 1998

            1. 19. (1) The School Standards and Framework Act 1998 is amended...

         7. Learning and Skills Act 2000

            1. 20. (1) The Learning and Skills Act 2000 is amended as...

         8. Education Act 2002

            1. 21. (1) The Education Act 2002 is amended as follows.

         9. Education Act 2005

            1. 22. (1) The Education Act 2005 is amended as follows.

         10. Education and Inspections Act 2006

             1. 23. (1) The Education and Inspections Act 2006 is amended as...

         11. National Health Service (Wales) Act 2006

             1. 24. (1) The National Health Service (Wales) Act 2006 is amended...

         12. Learner Travel (Wales) Measure 2008

             1. 25. (1) The Learner Travel (Wales) Measure 2008 is amended as...

         13. Learning and Skills (Wales) Measure 2009

             1. 26. (1) The Learning and Skills (Wales) Measure 2009 is amended...

         14. Healthy Eating in Schools (Wales) Measure 2009

             1. 27. (1) The Healthy Eating in Schools (Wales) Measure 2009 is...

         15. Equality Act 2010

             1. 28. (1) The Equality Act 2010 is amended as follows.

         16. Education (Wales) Measure 2011

             1. 29. (1) The Education (Wales) Measure 2011 is amended as follows....

         17. Welsh Language (Wales) Measure 2011

             1. 30. (1) The Welsh Language (Wales) Measure 2011 is amended as...

      3. PART 3 AMENDMENTS RELATING TO PART 5 (MISCELLANEOUS SCHOOLS DUTIES)

         1. Education Act 1996 and orders made under it

            1. 31. (1) In section 512A(6) of the Education Act 1996 (transfer...

         2. Education Act 2002

            1. 32. In Schedule 21 to the Education Act 2002 (minor and...

         3. Education Act 2005

            1. 33. In section 103 of the Education Act 2005 (annual parents'...

         4. Education and Inspections Act 2006

            1. 34. (1) The Education and Inspections Act 2006 is amended as...

         5. Healthy Eating in Schools (Wales) Measure 2009

            1. 35. In section 8(2)(b) of the Healthy Eating in Schools (Wales)...

         6. Education Act 2011

            1. 36. In section 35 of the Education Act 2011 (duties in...