SCHEDULES

C2C3 SCHEDULE 7F6RATIONALISATION OF SCHOOL PLACES IN WALES

Section 34.

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Sch. 7 modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

C3

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

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 F44local 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).

F71A

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 F9Assembly is of the opinion that the provision for primary or secondary education in maintained schools—

a

in the area of any F44local authorityF10in Wales, or

b

in any part of such an area,

is excessive.

2

For the purpose of remedying the excess, the F9Assembly may—

a

by an order under this paragraph direct the F44local 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.

F115

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Directions to bring forward proposals to remedy insufficient provision

3

1

This paragraph applies where the F13Assembly is of the opinion that the provision for primary or secondary education in maintained schools—

a

in the area of any F44local authorityF14in Wales, or

b

in any part of such an area,

is, or is likely to become, insufficient.

2

The F13Assembly may—

a

by an order under this paragraph direct the F44local 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.

F125

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Supplementary provisions

C44

F151

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F152

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F153

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F154

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F155

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F156

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7

Proposals made in pursuance of an order under paragraph 2(2) or 3(2) F16... may not be withdrawn without the consent of the F17Assembly and such consent may be given on such conditions (if any) as the F17Assembly 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 F44local 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

F18b

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

then, despite anything in Part III of Schedule 6, the F44local authority shall defray the cost of implementing the proposals.

Part IIIF8PROPOSALS BY NATIONAL ASSEMBLY FOR WALES

Annotations:
Amendments (Textual)
F8

Sch. 7 Pt. 3 heading substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(7); S.I. 2006/2129, art. 4

Publication of proposals

C55

1

Where—

a

the F19Assembly has, in relation to the area of any F44local authority or any part of such an area, made an order under paragraph 2(2) or 3(2) directing the F44local 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,

F20the 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.

F213

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4

F22The Assembly shall send a copy of the proposals—

a

to the F44local authority for the area, and

b

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

F5Part IV Procedure for dealing with proposals under paragraph 5: England

Annotations:
Amendments (Textual)

F5 Application of Part IV

F56

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F5 Objections

F57

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F5 Approval of proposals

F58

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F5 Local inquiry into proposals

F59

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F5 Implementation of proposals

F510

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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 F23Assembly; and

b

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

Local inquiry into proposals

13

1

This paragraph applies where in relation to the area of any F44local authorityF24the Assembly has made proposals under paragraph 5 (otherwise than in pursuance of paragraph 14(1)) which F24the 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, F25the Assembly shall cause a local inquiry to be held to consider F25the Assembly's proposals, any proposals F25the 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 F26Assembly (if they would not require such approval apart from this sub-paragraph).

4

Where the F27Assembly has a duty to cause a local inquiry to be held under this paragraph, F28the Assembly shall refer to the inquiry—

a

any other proposals published under paragraph 5 in relation to the area of the F44local 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), F1...

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), F2and

d

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

where those proposals are not determined before F29the Assembly causes the inquiry to be held and appear F30to the Assembly to be related to the proposals made under paragraph 5 in respect of which F31it is required under this paragraph to cause the inquiry to be held.

5

If, before the F32Assembly causes the inquiry to be held, F33the Assembly forms the opinion that any proposals ought to be implemented, sub-paragraph (4) does not require F34the 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,

F35the 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, F3. . .

b

any determination whether or not to implement the proposals under paragraph 9 of Schedule 6 F4and

c

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

Adoption of proposals

14

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 F44local 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 F44local 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

16

F421

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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—

  • F45“the 2010 Act” means the Equality Act 2010,

  • “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 F46section 85 of the 2010 Act, and

  • “transitional exemption order” has the same meaning as in F47paragraph 3 of Schedule 11 to the 2010 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 F48“paragraph 3 of Schedule 11 to the 2010 Act (single-sex establishments becoming co-educational).

Single-sex schools: Wales

C117

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.