The Change of Category of Maintained Schools (Wales) (Amendment) Regulations 2005

Regulation 10

SCHEDULE

“SCHEDULE 3 Provisions of the 2005 Regulations modified in relation to Instruments of Government as are mentioned in Regulations 10, 11 and 12 of the Principal Regulations

The regulations in the 2005 Regulations specified in the left hand column of the table below have effect in relation to instruments of government such as are mentioned in regulations 10, 11 and 12 with the modifications specified in the right hand column of the table.

Provision	Modification
Regulation 33(1)(b)	That sub-paragraph has effect as if the words “or will belong” were inserted after “the school belongs”.
Regulation 33(1)	That paragraph has effect as if the following were inserted after regulation 33(1)(g)— “(gg) where the school will become a foundation school or foundation special school, a voluntary aided school or a voluntary controlled school, subject to regulation 14 of the Change of Category of Maintained Schools (Wales) Regulations 2001, the name of any foundation body or person entitled to appoint foundation governors and, if there is more than one such person entitled to appoint, the basis upon which such appointments are made both on the change of category and thereafter when there are vacancies to be filled;”.
Regulation 33(2)	That paragraph has effect as if for the words “the school belongs” there were substituted the words “it is proposed the school should belong”.
Regulation 34 if—	That regulation has effect as if that regulation were omitted and the following substituted— “34.— (1) This regulation applies in connection with the making of an instrument of government for a school changing its category in accordance with Schedule 8 to the 1998 Act. (2) The governing body must prepare a draft of the new instrument of government and submit it to the local education authority. (3) Where the school has foundation governors or it is proposed that the school should have foundation governors, the governing body must not submit the draft to the local education authority unless it has been approved by— (a) the existing foundation governors; (b) if there are no existing foundation governors, the persons whom it is proposed will be entitled to appoint foundation governors; (c) any trustees of any trust relating to the school; (d) in the case of a Church in Wales school or Roman Catholic Church school, the appropriate diocesan authority; and (e) in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body. (4) On receiving the draft the local education authority must consider whether it complies with all applicable statutory provisions, and (a) it is content that the draft so complies, or (b) there is agreement between it, the governing body and (if the school has foundation governors or it is proposed that the school should have foundation governors) the persons mentioned in paragraph (3) that the draft should be revised to any extent and the revised draft complies with all the applicable statutory provisions, the instrument of government must be made by it in the form of the draft or (as the case may be) in the form of the revised draft. (5) If, in the case of a school which has foundation governors or it is proposed should have foundation governors, at any time the persons listed in paragraph (3) disagree with the draft, any of those persons may refer it to the National Assembly for Wales which must give such direction as it thinks fit having regard, in particular, to the category of school to which it is proposed the school should belong. (6) If neither of sub-paragraphs (a) and (b) of paragraph (4) applies in the case of a school which does not have foundation governors or it is not proposed should have foundation governors, the local education authority must— (a) inform the governing body of the reasons why it is not content with the draft instrument of government, and (b) give the governing body a reasonable opportunity to reach agreement with it on revising the draft; and the instrument of government must be made by it either in the form of a revised draft agreed between it and the governing body or (in the absence of such agreement) in such form as it thinks fit having regard, in particular, to the category of school to which it is proposed the school should belong. (7) When taking any decision as to the name of the school the governing body, the local education authority and (if the school has foundation governors or it is proposed should have foundation governors) the persons mentioned in paragraph (3), must have regard to any guidance given from time to time by the National Assembly for Wales.”.
Regulation 35(4)	That paragraph has effect as if for “regulation 34(2)” there were substituted “regulation 34(3) as modified”.
Regulation 35(5)(b)	That sub-paragraph has effect as if for “regulation 34(2)” there were substituted “regulation 34(3) as modified”.
Regulation 35(6)	That paragraph has effect as if for “regulation 34(2)” there were substituted “regulation 34(3) as modified” and as if for “the school belongs” there were substituted “it is proposed the school should belong”.
Regulation 35(7)	That paragraph has effect as if for “the school belongs” there were substituted “it is proposed the school should belong”.
Regulation 37	Regulation 37 is omitted.”