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The Change of Category of Maintained Schools (Wales) Regulations 2001

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  1. Introductory Text

  2. 1.Citation, commencement and application

  3. 2.Revocation and savings

  4. 3.Interpretation

  5. 4.Breach of prescribed time limits

  6. 5.Restrictions on changing category of school

  7. 6.Proposals

  8. 7.Application of section 28 of and Schedule 6 to the Act

  9. 8.Implementation of proposals

  10. 9.Transfer of staff

  11. 10.Instrument of government

  12. 11.(1) The new instrument of government for a school changing...

  13. 12.Schedule 12 to the Act in its application to new...

  14. 13.Reconstitution of governing body

  15. 14.Current governors continuing in office

  16. 15.Surplus governors

  17. 16.Land

  18. 17.Transitional provisions

  19. 18.Where a foundation or voluntary aided school changes category to...

  20. 19.Any period of consultation which takes place before the coming...

  21. Signature

    1. SCHEDULE 1

      1. PART I PROVISIONS OF SECTION 28 OF, AND SCHEDULE 6 TO THE ACT HAVING EFFECT IN RELATION TO PROPOSALS MENTIONED IN REGULATION 6

        1. 1.The subsections of section 28 of, and the paragraphs in...

        2. 2.The provisions of the Act specified in column 1 of...

        3. 3.The provisions of the Act specified in column 1 of...

        4. 4.The provisions of the Act referred to in column 1...

      2. PART II PROVISIONS OF SECTION 28 OF, AND PART II OF SCHEDULE 6 TO, THE ACT APPLIED BY PART I OF THIS SCHEDULE AS MODIFIED

        1. SECTION 28

          1. 3.Proposals under paragraph 2 or 3 of Schedule 8 shall—...

          2. 5.Before publishing any proposals under paragraph 2 or 3 of...

          3. 7.Where any proposals are published under paragraph 2 or 3...

          4. 8.Schedule 6 has effect in relation to the procedure for...

          5. 10.In this section ‘the relevant body’ means, in the case...

          6. 11.In this Part ‘area’ (without more) means a local education...

    2. SCHEDULE 6,

      1. PART II

        1. 6.This Part of this Schedule applies to proposals published under...

        2. 7.(1) Any person may make objections to any proposals published...

        3. 8.(1) Proposals published under paragraph 2 or 3 of Schedule...

        4. 10.(1) Where any proposals published under paragraph 2 or 3...

    3. SCHEDULE 2

      TRANSFER OF STAFF

      1. PART I

        1. 1.(1) Where— (a) a community or voluntary controlled school changes...

        2. 2.Without prejudice to paragraph 1— (a) all the local education...

        3. 3.Subject to paragraph 4, paragraph 1 shall apply to any...

        4. 4.Paragraph 1 shall not apply to— (a) any person whose...

        5. 5.A person who before the implementation date has been appointed...

        6. 6.Paragraphs 1 and 2 are without prejudice to any right...

      2. PART II

        1. 7.(1) Where— (a) a foundation or voluntary aided school changes...

        2. 8.Without prejudice to paragraph 7— (a) all the governing body’s...

        3. 9.Subject to paragraph 10, paragraph 7 shall apply to any...

        4. 10.Paragraph 7 shall not apply to any person whose contract...

        5. 11.A person who before the implementation date has been appointed...

        6. 12.Paragraphs 7 and 8 are without prejudice to any right...

      3. PART III

        1. 13.(1) This paragraph applies where a voluntary controlled school or...

    4. SCHEDULE 3

      INSTRUMENTS OF GOVERNMENT

      1. PART I Instrument of Government: Foundation Schools and Foundation Special Schools

        1. 1.The name of the school is

        2. 2.The category to which the school belongs is

        3. 3.The name of the governing body is

        4. 4.The governing body shall consist of: (a) x parent governors;...

        5. 5.Total number of governors (except at any time when the...

        6. 6.x co-opted governor[s] will be [a] governor[s] for whose appointment...

        7. 7.One co-opted governor will be governor for whose appointment nominations...

        8. 8.Subject to regulation 14 of the Change of Category of...

        9. 9.(a) The holder of the following office shall be a...

        10. 10.Set out procedure for eliminating any excess in the number...

        11. 11.If the school has a religious character, describe the ethos...

        12. 12.Subject to regulation 10(2) of the Change of Category of...

        13. 13.This instrument of government was made by order of Local...

      2. PART II Instrument of Government:Voluntary Aided Schools

        1. 1.The name of the school is

        2. 2.The school is a voluntary aided school.

        3. 3.The name of the governing body is

        4. 4.The governing body shall consist of: (a) x foundation governors...

        5. 5.Total number of governors (except at any time when the...

        6. 6.One co-opted governor will be a governor for whose appointment...

        7. 7.x co-opted governor[s] will be [a] governor[s] for whose appointment...

        8. 8.One co-opted governor will be governor for whose appointment nominations...

        9. 9.Subject to regulation 14 of the Change of Category of...

        10. 10.(a) The holder of the following office shall be a...

        11. 11.Set out procedure for eliminating any excess in the number...

        12. 12.If the school has a religious character, describe the ethos...

        13. 13.Subject to regulation 10(2) of the Change of Category of...

        14. 14.This instrument of government was made by order of Local...

      3. PART III Instrument of Government: Voluntary Controlled Schools

        1. 1.The name of the school is

        2. 2.The school is a voluntary controlled school.

        3. 3.The name of the governing body is

        4. 4.The governing body shall consist of: (a) x parent governors;...

        5. 5.Total number of governors (except at any time when the...

        6. 6.One co-opted governor will be a governor for whose appointment...

        7. 7.x co-opted governor[s] will be [a] governor[s] for whose appointment...

        8. 8.One co-opted governor will be a governor for whose appointment...

        9. 9.Subject to regulation 14 of the Change of Category of...

        10. 10.(a) The holder of the following office shall be a...

        11. 11.Set out the procedure for eliminating any excess in the...

        12. 12.If the school has a religious character describe the ethos...

        13. 13.Subject to regulation 10(2) of the Change of Category of...

        14. 14.This instrument of government was made by order of Local...

      4. PART IV Instrument of Government: Community Schools

        1. 1.The name of the school is

        2. 2.The school is a community school.

        3. 3.The name of the governing body is

        4. 4.The governing body shall consist of: (a) x parent governors;...

        5. 5.Total number of governors (except at any time when the...

        6. 6.One co-opted governor will be a governor for whose appointment...

        7. 7.x co-opted governor[s] will be [a] governor[s] for whose appointment...

        8. 8.One co-opted governor will be governor for whose appointment nominations...

        9. 9.Subject to regulation 10(2) of the Change of Category of...

        10. 10.This instrument was made by order of Local Education Authority...

      5. PART V Instrument of Government: Community Special Schools

        1. 1.The name of the school is

        2. 2.The school is a community special school.

        3. 3.The name of the governing body is

        4. 4.The governing body shall consist of: (a) x parent governors;...

        5. 5.Total number of governors (except at any time when the...

        6. 6.x co-opted governor[s] will be [a] governor[s] for whose appointment...

        7. 7.One co-opted governor will be governor for whose appointment nominations...

        8. 8.Subject to regulation 10(2) of the Change of Category of...

        9. 9.This instrument of government was made by order of Local...

      6. PART VI Sub-paragraphs substituted for sub-paragraphs (2) to (6) of paragraph 3 of Schedule 12 to the Act

        1. (2) Where the school has, or it is proposed that...

    5. SCHEDULE 4

      Transfer of land

      1. Part I Effects of transfers under this Schedule

        1. 1.(1) Where any land is transferred to and vests in...

        2. 2.In its application to transfers under this Schedule, references in...

      2. Part II Rules relating to transfers

        1. 3.(1) Sub-paragraph (2) applies where— (a) any proposals that a...

        2. 4.(1) Sub-paragraph (2) applies where— (a) any proposals that a...

        3. 5.(1) Sub-paragraph (2) applies where— (a) any proposals that a...

        4. 6.(1) Sub-paragraph (2) applies where any proposals that a foundation...

        5. 7.(1) Sub-paragraph (2) applies where— (a) any proposals that a...

        6. 8.(1) Sub-paragraph (2) applies where— (a) any proposals that a...

        7. 9.(1) Sub-paragraph (2) applies where any proposals that a voluntary...

        8. 10.(1) Sub-paragraph (2) applies where— (a) any proposals that a...

        9. 11.(1) Sub-paragraph (2) applies where— (a) any proposals that a...

        10. 12.(1) Sub-paragraph (2) applies where any proposals that a voluntary...

        11. 13.(1) Sub-paragraph (2) applies where— (a) any proposals that a...

        12. 14.(1) Sub-paragraph (2) applies where any proposals that a community...

        13. 15.(1) Sub-paragraph (2) applies where any proposals that a foundation...

        14. 16.(1) Sub-paragraph (2) applies where— (a) any proposals that a...

      3. Part III Outstanding transfers

        1. 17.Where immediately before the implementation date in relation to any...

      4. Part IV Transfer of rights to use land

        1. 18.(1) Where paragraph 3, 4, 5 or 14 applies to...

      5. Part V Land excluded from transfer and restrictions on disposal of land when proposals are pending

        1. 19.(1) Nothing in Part II of this Schedule has the...

        2. 20.(1) For the purposes of Part V of this Schedule...

        3. 21.(1) During any period when the procedure for becoming a...

        4. 22.(1) During any period when the procedure for becoming a...

  23. Explanatory Note

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