SCHEDULES

SCHEDULE 7F1RATIONALISATION OF SCHOOL PLACES IN WALES

Section 34.

Part I Introductory

1

In this Schedule—

(a)

“powers to make proposals for the establishment, alteration or discontinuance of schools” means all or any of the powers of the local education authority to publish proposals under section 28, 29 or 31; and

(b)

“powers to make proposals for the alteration of their school”, in relation to the governing body of a foundation, voluntary or foundation special school, means their powers to publish proposals under section 28(2)(b) or 31(2)(a).

F21A

In this Schedule “the Assembly” means the National Assembly for Wales.

Part II Directions to bring forward proposals

Directions to bring forward proposals to remedy excessive provision

2

(1)

This paragraph applies where the F3Assembly is of the opinion that the provision for primary or secondary education in maintained schools—

(a)

in the area of any local education authority F4in Wales, or

(b)

in any part of such an area,

is excessive.

(2)

For the purpose of remedying the excess, the F3Assembly may—

(a)

by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

(b)

in the case of any foundation, voluntary or foundation special school maintained by the authority, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school.

(3)

An order under sub-paragraph (2) shall—

(a)

require the proposals to be published not later than such date as may be specified in the order, and

(b)

require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

(4)

An order under sub-paragraph (2)(a) may not require the proposals to relate to any named school.

F5(5)

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Directions to bring forward proposals to remedy insufficient provision

3

(1)

This paragraph applies where the F6Assembly is of the opinion that the provision for primary or secondary education in maintained schools—

(a)

in the area of any local education authority F7in Wales, or

(b)

in any part of such an area,

is, or is likely to become, insufficient.

(2)

The F6Assembly may—

(a)

by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

(b)

in the case of any foundation, voluntary or foundation special school maintained by the authority, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school,

with a view (in each case) to securing that provision is made for such additional number of pupils in the area, or in any such part of the area, as may be specified in the order.

(3)

An order under sub-paragraph (2) shall—

(a)

require the proposals to be published not later than such date as may be specified in the order, and

(b)

require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

(4)

An order under sub-paragraph (2)(a) may not require the proposals to relate to any named school.

F8(5)

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Supplementary provisions

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F9(1)

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F9(2)

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F9(3)

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F9(4)

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F9(5)

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F9(6)

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(7)

Proposals made in pursuance of an order under paragraph 2(2) or 3(2) F10... may not be withdrawn without the consent of the F11Assembly and such consent may be given on such conditions (if any) as the F11Assembly considers appropriate.

(8)

Where the governing body of a foundation, voluntary or foundation special school make any proposals in pursuance of any such order under paragraph 2(2) or 3(2), the local education authority shall reimburse any expenditure reasonably incurred by the governing body in making the proposals.

(9)

Where—

(a)

proposals made by the governing body of a foundation, voluntary or foundation special school in pursuance of any such order under paragraph 2(2) or 3(2) are approved or, as the case may be, determined to be implemented, or

F12(b)

proposals adopted under paragraph 14 have effect as mentioned in paragraph 15(b),

then, despite anything in Part III of Schedule 6, the local education authority shall defray the cost of implementing the proposals.

Part IIIF13PROPOSALS BY NATIONAL ASSEMBLY FOR WALES

Publication of proposals

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(1)

Where—

(a)

the F14Assembly has, in relation to the area of any local education authority or any part of such an area, made an order under paragraph 2(2) or 3(2) directing the local education authority or the governing body of a foundation, voluntary or foundation special school to make proposals for the establishment, alteration or discontinuance of schools or (as the case may be) for the alteration of their school, and

(b)

either—

(i)

any proposals have been published in pursuance of the order, or

(ii)

the time allowed under the order for the publication of the proposals has expired,

F15the Assembly may make any such proposals as might have been made in accordance with the order relating to that area or that part of that area by the body to whom the directions were given.

(2)

Proposals under this paragraph shall—

(a)

contain such information, and

(b)

be published in such manner,

as may be prescribed.

F16(3)

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(4)

F17The Assembly shall send a copy of the proposals—

(a)

to the local education authority for the area, and

(b)

to the governing body of each school to which the proposals relate.

F18Part IV Procedure for dealing with proposals under paragraph 5: England

F18 Application of Part IV

F186

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F18 Objections

F187

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F18 Approval of proposals

F188

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F18 Local inquiry into proposals

F189

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F18 Implementation of proposals

F1810

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Part V Procedure for dealing with proposals under paragraph 5: Wales

Application of Part V

11

This Part of this Schedule applies to proposals published under paragraph 5 which relate to an area in Wales.

Objections

12

(1)

Any person may make objections to any proposals published under paragraph 5.

(2)

Objections under this paragraph—

(a)

shall be sent to the F19Assembly; and

(b)

shall be so sent within such period as may be prescribed.

Local inquiry into proposals

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(1)

This paragraph applies where in relation to the area of any local education authority F20the Assembly has made proposals under paragraph 5 (otherwise than in pursuance of paragraph 14(1)) which F20the Assembly has not withdrawn.

(2)

If objections have been made under paragraph 12(1) within the period prescribed in accordance with paragraph 12(2)(b), then, unless all objections so made have been withdrawn in writing within that period, F21the Assembly shall cause a local inquiry to be held to consider F21the Assembly's proposals, any proposals F21the Assembly refers to the inquiry and any such objections.

(3)

Any proposals referred to a local inquiry under this paragraph require the approval of the F22Assembly (if they would not require such approval apart from this sub-paragraph).

(4)

Where the F23Assembly has a duty to cause a local inquiry to be held under this paragraph, F24the Assembly shall refer to the inquiry—

(a)

any other proposals published under paragraph 5 in relation to the area of the local education authority (and not withdrawn),

(b)

any proposals made by that authority in the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), F25...

(c)

any proposals made by the governing body of any foundation, voluntary or foundation special school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn), F26and

(d)

any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).

where those proposals are not determined before F27the Assembly causes the inquiry to be held and appear F28to the Assembly to be related to the proposals made under paragraph 5 in respect of which F29it is required under this paragraph to cause the inquiry to be held.

(5)

If, before the F30Assembly causes the inquiry to be held, F31the Assembly forms the opinion that any proposals ought to be implemented, sub-paragraph (4) does not require F32the Assembly to refer those proposals to the inquiry unless—

(a)

before the proceedings on the inquiry are concluded, or

(b)

(if earlier) the proposals are determined,

F33the Assembly subsequently forms a different opinion.

(6)

It shall not be open to the inquiry to question the principles specified in the order under paragraph 2(2) or 3(2).

(7)

References in this paragraph to the determination of any proposals are to—

(a)

any determination whether or not to approve or adopt the proposals under paragraph 8 of Schedule 6 or paragraph 14 below, F34. . .

(b)

any determination whether or not to implement the proposals under paragraph 9 of Schedule 6 F35and

(c)

any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.

Adoption of proposals

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(1)

Where the F36Assembly has published proposals under paragraph 5 in respect of which F37it is required to cause a local inquiry to be held, F37it may when F37it has considered the report of the person appointed to hold the inquiry do one or more of the following—

(a)

adopt, with or without modifications, or determine not to adopt the proposals or any other proposals made by F38the Assembly under that paragraph which F37it referred to the inquiry;

(b)

approve, with or without modifications, or reject any other proposals which F37it referred to the inquiry; and

(c)

make any such further proposals under paragraph 5 as might have been made in accordance with the order or orders relating to the area of the local education authority concerned by the body to whom the directions were given.

(2)

Where the F39Assembly has published proposals under paragraph 5 in respect of which F40it is not required to cause a local inquiry to be held and which F40it is not required to refer to such an inquiry, F40it may, after considering any objections made under paragraph 12(1) (and not withdrawn) within the period prescribed in accordance with paragraph 12(2)(b)—

(a)

adopt the proposals with or without modifications; or

(b)

determine not to adopt the proposals.

(3)

Any adoption of proposals under this paragraph may be expressed to take effect only if an event specified in the adoption occurs by a date so specified.

Implementation of proposals

15

Proposals adopted by the F41Assembly under paragraph 14 shall have effect as if they—

(a)

had been made by the local education authority under their powers to make proposals for the establishment, alteration or discontinuance of schools, or

(b)

in any case where the proposals are for the alteration of a foundation, voluntary or foundation special school, had been made by the governing body under their powers to make proposals for the alteration of their school,

and had been approved by the F41Assembly under paragraph 8 of Schedule 6.

Part VI Transitional exemption orders for purposes of Sex Discrimination Act 1975

Single-sex schools: England

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F42(1)

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(2)

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(3)

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(4)

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(5)

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(6)

In this paragraph and in paragraph 17—

“the 1975 Act” means the Sex Discrimination Act 1975,

“make”, in relation to a transitional exemption order, includes (so far as the context permits) vary or revoke,

“the responsible body” has the same meaning as in section 22 of the 1975 Act, and

“transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).

Single-sex schools: Wales

17

(1)

This paragraph applies to proposals for a school in Wales to cease to be an establishment which admits pupils of one sex only.

(2)

Where such proposals are made under paragraph 5 of this Schedule, the responsible body shall be treated as having made an application to the F43Assembly for the making of a transitional exemption order, and the F43Assembly may make such an order accordingly.