SCHEDULES

C1C2 SCHEDULE 7F5RATIONALISATION OF SCHOOL PLACES IN WALES

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C1

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

C2

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 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 F6Assembly; 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 local education authority F7the Assembly has made proposals under paragraph 5 (otherwise than in pursuance of paragraph 14(1)) which F7the Assembly has not withdrawn.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12(1) within the period prescribed in accordance with paragraph 12(2)(b), then, unless all objections so made have been withdrawn in writing within that period, F8the Assembly shall cause a local inquiry to be held to consider F8the Assembly's proposals, any proposals F8the Assembly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 F9Assembly (if they would not require such approval apart from this sub-paragraph).

4

Where the F10Assembly has a duty to cause a local inquiry to be held under this paragraph, F11the 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any other proposals published under paragraph 5 in relation to the area of the local education authority (and not withdrawn),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the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), F1...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school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn), F2and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any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).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 F12the Assembly causes the inquiry to be held and appear F13to the Assembly to be related to the proposals made under paragraph 5 in respect of which F14it is required under this paragraph to cause the inquiry to be held.

5

If, before the F15Assembly causes the inquiry to be held, F16the Assembly forms the opinion that any proposals ought to be implemented, sub-paragraph (4) does not require F17the 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,

F18the 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 F19Assembly has published proposals under paragraph 5 in respect of which F20it is required to cause a local inquiry to be held, F20it may when F20it 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 F21the Assembly under that paragraph which F20it referred to the inquiry;

b

approve, with or without modifications, or reject any other proposals which F20it 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 F22Assembly has published proposals under paragraph 5 in respect of which F23it is not required to cause a local inquiry to be held and which F23it is not required to refer to such an inquiry, F23it 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 F24Assembly 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 F24Assembly under paragraph 8 of Schedule 6.