SCHEDULES

SCHEDULE 7RATIONALISATION OF SCHOOL PLACES IN WALES

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

Local inquiry into proposals

13

(1)

This paragraph applies where in relation to the area of any F1local authority F2the Assembly has made proposals under paragraph 5 (otherwise than in pursuance of paragraph 14(1)) which F2the Assembly has not withdrawn.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12(1) within the period prescribed in accordance with paragraph 12(2)(b), then, unless all objections so made have been withdrawn in writing within that period, F3the Assembly shall cause a local inquiry to be held to consider F3the Assembly's proposals, any proposals F3the Assembly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 F4Assembly (if they would not require such approval apart from this sub-paragraph).

(4)

Where the F5Assembly has a duty to cause a local inquiry to be held under this paragraph, F6the Assembly shall refer to the inquiry—

(a)

any other proposals published under paragraph 5 in relation to the area of the F1local authority (and not withdrawn),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the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), F7...

(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school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn), F8and

(d)

any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).

where those proposals are not determined before F9the Assembly causes the inquiry to be held and appear F10to the Assembly to be related to the proposals made under paragraph 5 in respect of which F11it is required under this paragraph to cause the inquiry to be held.

(5)

If, before the F12Assembly causes the inquiry to be held, F13the Assembly forms the opinion that any proposals ought to be implemented, sub-paragraph (4) does not require F14the 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,

F15the 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, F16. . .

(b)

any determination whether or not to implement the proposals under paragraph 9 of Schedule 6 F17and

(c)

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