SCHEDULES

C3C4C6 SCHEDULE 6F8Statutory Proposals concerning schools in Wales: Procedure and implementation

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C3

Sch. 6 modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

Sch. 6 continued (1.9.2001) by S.I. 2001/2678, reg. 2(2)

C4

Schs. 6, 7: 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

C2C5C6 Part III Manner of implementation of statutory proposals

Annotations:
Modifications etc. (not altering text)
C2

Sch. 6 Pt. 3 excluded (19.12.2002) by Education Act 2002 (c. 32), ss. 193(6), 216 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

Introductory

11

In this Part of this Schedule “proposals” means proposals falling to be implemented under paragraph F9... 10.

Proposals relating to community or maintained nursery schools

C112

1

This paragraph applies to proposals relating to a community or F6maintained nursery school or a proposed such school.

2

The proposals shall be implemented by the F15local authority by whom they were published under section 28(1) F10... or 29(1) F14or, in the case of proposals published by the governing body of a community school under section 28(2)(b), by the F15local authority who maintain the school.

Proposals relating to foundation or voluntary controlled schools

13

1

This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed F16suchF16voluntary controlled school.

2

Where the proposals were published by a F15local authority under section 28(1) F11... or 29(1), they shall be implemented by the authority.

F73

Where the proposals were published—

a

under section 28(2) F12..., by promoters, or

b

under section 28(2), by the governing body,

they shall be implemented by the F15local authority and by the promoters or (as the case may be) the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.

4

Where the proposals were published by the governing body under section 29(2), they shall be implemented—

a

by the governing body; and

b

by the F15local authority as well.

Proposals relating to voluntary aided schools

E114

1

This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.

2

Where the proposals were published by the governing body under section 28(2) or 29(2), they shall be implemented—

a

in the case of proposals published under section 28(2) so far as relating to the provision of any F1playing fields for the school, by the F15local authority;

b

in the case of proposals published under section 29(2), by the governing body and the authority; and

c

otherwise by the governing body.

3

Where the proposals were published under section 28(2) F13... by promoters, they shall be implemented—

a

so far as relating to the provision of any F2playing fields for the school (but subject to sub-paragraph (5)), by the F15local authority; and

b

otherwise by the promoters.

4

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Nothing in sub-paragraph (3) requires a F15local authority to provide any F4such playing fields where—

a

the new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals; and

b

F5those playing fields—

i

were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school); and

ii

(if it was a foundation or voluntary school) were not provided by the authority.

6

Where the proposals were published by a F15local authority under section 29(1), they shall be implemented by the authority.

E214

1

This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.

2

Where the proposals were published by the governing body under section 28(2) or 29(2), they shall be implemented—

a

in the case of proposals published under section 28(2) so far as relating to the provision of any relevant premises for the school, by the F15local authority;

b

in the case of proposals published under section 29(2), by the governing body and the authority; and

c

otherwise by the governing body.

3

Where the proposals were published under section 28(2) F13... by promoters, they shall be implemented—

a

so far as relating to the provision of any relevant premises for the school (but subject to sub-paragraph (5)), by the F15local authority; and

b

otherwise by the promoters.

4

In sub-paragraph (2) or (3) “relevant premises” means—

a

playing fields, or

b

buildings which are to form part of the school premises but are not to be school buildings.

5

Nothing in sub-paragraph (3) requires a F15local authority to provide any such premises where—

a

the new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals; and

b

those premises—

i

were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school); and

ii

(if it was a foundation or voluntary school) were not provided by the authority.

6

Where the proposals were published by a F15local authority under section 29(1), they shall be implemented by the authority.

Annotations:
Extent Information
E2

This version of this provision extends to Wales only; a separate version has been created for England.

Proposals relating to community or foundation special schools

15

1

This paragraph applies to proposals relating to—

a

a community or foundation special school; or

b

a proposed such school.

2

Where the proposals were published by a F15local authority under section 31(1), they shall be implemented by the authority.

3

Where the proposals were published by the governing body under section 31(2)(a), they shall be implemented by the F15local authority and by the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.

4

Where the proposals were published by the governing body under section 31(2)(b), they shall be implemented—

a

by the governing body; and

b

by the F15local authority as well.