SCHEDULES

SCHEDULE 6E+W [F1Statutory Proposals concerning schools in Wales: Procedure and implementation]

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 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)

C2Schs. 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

Part IIIE+W Manner of implementation of statutory proposals

Modifications etc. (not altering text)

IntroductoryE+W

11E+WIn this Part of this Schedule “proposals” means proposals falling to be implemented under paragraph F2... 10.

Textual Amendments

Proposals relating to community or maintained nursery schoolsE+W

12(1)This paragraph applies to proposals relating to a community or [F3maintained nursery school or a proposed such school].E+W

(2)The proposals shall be implemented by the [F4local authority] by whom they were published under section 28(1) F5... or 29(1) [F6or, in the case of proposals published by the governing body of a community school under section 28(2)(b), by the [F4local authority] who maintain the school].

Textual Amendments

F3Words in Sch. 6 para. 12(1) substituted (1.6.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 115(5)(a) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

Modifications etc. (not altering text)

C6Sch. 6 para. 12 applied (with modifications) (1.9.1999) by S.I. 1999/2103, reg. 3.

Proposals relating to foundation or voluntary controlled schoolsE+W

13(1)This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed [F7such] [F7voluntary controlled] school.E+W

(2)Where the proposals were published by a [F4local authority] under section 28(1) F8... or 29(1), they shall be implemented by the authority.

[F9(3)Where the proposals were published—

(a)under section 28(2) F10..., by promoters, or

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

they shall be implemented by the [F4local 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 [F4local authority] as well.

Textual Amendments

F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F7Words in Sch. 6 para. 13(1) substituted (W.) (10.7.2011) by Education (Wales) Measure 2011 (nawm 7), ss. 26(3), 33(1)(a) (with s. 28)

Proposals relating to voluntary aided schoolsE+W

14(1)This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.E

(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 [F11playing fields] for the school, by the [F4local 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) F12... by promoters, they shall be implemented—

(a)so far as relating to the provision of any [F13playing fields] for the school (but subject to sub-paragraph (5)), by the [F4local authority]; and

(b)otherwise by the promoters.

(4)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Nothing in sub-paragraph (3) requires a [F4local authority] to provide any [F15such 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)[F16those 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 [F4local authority] under section 29(1), they shall be implemented by the authority.

Extent Information

E1This version of this provision extends to England only; a separate version has been created for Wales.

Textual Amendments

F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

14(1)This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.W

(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 [F4local 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) F12... 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 [F4local 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 [F4local 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 [F4local authority] under section 29(1), they shall be implemented by the authority.

Extent Information

E2This version of this provision extends to Wales only; a separate version has been created for England.

Textual Amendments

F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

Proposals relating to community or foundation special schoolsE+W

15(1)This paragraph applies to proposals relating to—E+W

(a)a community or foundation special school; or

(b)a proposed such school.

(2)Where the proposals were published by a [F4local 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 [F4local 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 [F4local authority] as well.

Textual Amendments

F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))