Part IIE+W New framework for maintained schools

Chapter IIE+W Establishment, alteration or discontinuance of schools

Modifications etc. (not altering text)

Special schools maintained by [F1LEAs in Wales]E+W

Textual Amendments

31 Proposals for establishment, alteration or discontinuance of community or foundation special school [F2in Wales].E+W

(1)Where a local education authority [F3in Wales] intend—

(a)to establish a new community or foundation special school, or

(b)to make any prescribed alteration to such a school, or

(c)to discontinue such a school,

the authority shall publish their proposals under this section.

(2)Where the governing body of a foundation special school [F4in Wales] propose—

(a)to make any prescribed alteration to the school, or

(b)to discontinue the school,

the governing body shall publish their proposals under this section.

(3)Proposals under this section shall—

(a)contain such information, and

(b)be published in such manner,

as may be prescribed.

[F5(4A)Before publishing any proposals under this section to make any prescribed alteration to a school, or to discontinue a school, the relevant body shall consult—

(a)the registered parents of registered pupils at the school,

(b)any local education authority which maintain a statement under section 324 of the Education Act 1996 (statement of special educational needs) in respect of a registered pupil at the school, and

(c)such other persons as appear to the relevant body to be appropriate.

(4B)Before publishing any proposals under this section to establish a new school, the relevant body shall consult such persons as appear to them to be appropriate.

(4C)In discharging their duty under subsection (4A) or (4B) the relevant body shall have regard to any guidance given from time to time by the [F6Assembly].]

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F8... The relevant body shall send—

(a)a copy of [F9any proposals published under this section], and

(b)such information in connection with those proposals as may be prescribed,

to the [F10Assembly].

(7)The relevant body shall also send a copy of any proposals to which subsection F11... (6) applies to such other bodies or persons as may be prescribed.

(8)Schedule 6 has effect F12... in relation to the procedure for dealing with proposals under this section and their implementation.

(9)In this section “the relevant body” means the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).

Textual Amendments

F5S. 31(4A)-(4C) substituted for s. 31(4) (1.9.2006) by Education Act 2005 (c. 18), ss. 71, 125(4) (with s. 119); S.I. 2006/1338, art. 3, Sch. 1; S.I. 2006/2129, art. 5

Modifications etc. (not altering text)

C2S. 31 extended (10.3.1999) by S.I. 1999/362, reg. 6(4).

C3S. 31 modified (prosp.) by Education Act 2002 (c. 32), ss. 74(1)(a), 216 (with ss. 210(8), 214(4))

C4S. 31: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

C5S. 31 modified (1.6.2003 for E.) by Education Act 2002 (c. 32), ss. 74(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

C6S. 31(3) except paragraph (b) applied (with modifications) (1.9.1999) by S.I. 1999/1780, reg. 11, Sch.4.

S. 31(3) applied (with modifications) (1.9.1999) by S.I. 1999/2212, reg. 16, Sch.4.

C7S. 31(6) applied (with modifications) (1.9.1999) by S.I. 1999/1780, reg. 11, Sch.4.

C8S. 31(7) applied (with modifications) (1.9.1999) by S.I. 1999/1780, reg. 11, Sch.4.

S. 31(7) applied (with modifications) (1.9.1999) by S.I. 1999/2212, reg. 16, Sch.4.

C9S. 31(9) applied (with modifications) (1.9.1999) by S.I. 1999/1780, reg. 11, Sch.4.

S. 31(9) applied (with modifications) (1.9.1999) by S.I. 1999/2212, reg. 16, Sch.4.

Commencement Information

I1S. 31 wholly in force at 1.9.1999; s. 31 not in force at Royal Assent see s. 145(3); s. 31(4)(9) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); s. 31 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

32 Direction requiring discontinuance of community or foundation special school [F13in Wales].E+W

(1)The [F14Assembly] may, if [F15it] considers it expedient to do so in the interests of the health, safety or welfare of pupils at a community or foundation special school [F16in Wales], give a direction to the local education authority by whom the school is maintained requiring the school to be discontinued on a date specified in the direction.

(2)A direction under subsection (1) may require the local education authority to notify any persons or class of persons specified in the direction.

(3)Before giving a direction under subsection (1), the [F17Assembly] shall consult—

(a)the local education authority;

(b)any other local education authority who would in [F18its] opinion be affected by the discontinuance of the school;

(c)in the case of a foundation special school which has a foundation, the person who appoints the foundation governors; and

(d)such other persons as the [F17Assembly] considers appropriate.

(4)On giving a direction under subsection (1) the [F19Assembly] shall give notice in writing of the direction to the governing body of the school and its head teacher.

(5)Where a local education authority are given a direction under subsection (1), they shall discontinue the school in question on the date specified in the direction; and nothing in section 31 or 33 applies to any such discontinuance of the school under this section.

Textual Amendments