SCHEDULES
C3C4C6 SCHEDULE 6F8Statutory Proposals concerning schools in Wales: Procedure and implementation
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)
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
Sch. 6 applied (1.9.2006) by 1996 c. 56, s. 529(2) (as amended by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 2; S.I. 2006/2129, art. 4)
C2C5C6 Part III Manner of implementation of statutory proposals
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
Sch. 6 Pt. 3 excluded (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 11 para. 6(4); S.I. 2006/2129, art. 4
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
Proposals relating to foundation or voluntary controlled schools
13
1
2
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
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
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.
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.
Sch. 6 heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(2); S.I. 2007/935, art. 7(o)