School Standards and Framework Act 1998

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

Application of Part V E+W

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

Objections E+W

12 (1) Any person may make objections to any proposals published under paragraph 5. E+W

(2) Objections under this paragraph—

(a) shall be sent to the [F1 Assembly]; and

(b) shall be so sent within such period as may be prescribed.

Textual Amendments

F1 Word in Sch. 7 para. 12(2)(a) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(10); S.I. 2006/2129, art. 4

Local inquiry into proposals E+W

13 (1) This paragraph applies where in relation to the area of any [F2 local authority] [F3 the Assembly] has made proposals under paragraph 5 (otherwise than in pursuance of paragraph 14(1)) which [F3 the Assembly] has not withdrawn. E+W

(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12(1) within the period prescribed in accordance with paragraph 12(2)(b), then, unless all objections so made have been withdrawn in writing within that period, [F4 the Assembly] shall cause a local inquiry to be held to consider [F4 the Assembly's] proposals, any proposals [F4 the 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 [F5 Assembly] (if they would not require such approval apart from this sub-paragraph).

(4) Where the [F6 Assembly] has a duty to cause a local inquiry to be held under this paragraph, [F7 the Assembly shall refer] to the inquiry—

(a) any other proposals published under paragraph 5 in relation to the area of the [F2 local authority] (and not withdrawn),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the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), F8 ...

(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school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn), [F9 and

(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).]

where those proposals are not determined before [F10 the Assembly causes] the inquiry to be held and appear [F11 to the Assembly] to be related to the proposals made under paragraph 5 in respect of which [F12 it is required] under this paragraph to cause the inquiry to be held.

(5) If, before the [F13 Assembly] causes the inquiry to be held, [F14 the Assembly forms] the opinion that any proposals ought to be implemented, sub-paragraph (4) does not require [F15 the 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,

[F16 the 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, F17 . . .

(b) any determination whether or not to implement the proposals under paragraph 9 of Schedule 6 [F18 and

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

Textual Amendments

F2 Words 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))

F3 Words in Sch. 7 para. 13(1) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(a); S.I. 2006/2129, art. 4

F4 Words in Sch. 7 para. 13(2) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(b); S.I. 2006/2129, art. 4

F5 Word in Sch. 7 para. 13(3) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(c); S.I. 2006/2129, art. 4

F6 Word in Sch. 7 para. 13(4) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(d)(i); S.I. 2006/2129, art. 4

F7 Words in Sch. 7 para. 13(4) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(d)(ii); S.I. 2006/2129, art. 4

F8 Word after Sch. 7 Pt. V para. 13(4)(b) repealed (28.7.2000 for specified purposes, 1.4.2001 for E. and 1.4.2002 for W.) by 2000 c. 21, s. 153, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3); S.I. 2001/2705, art. 2, Sch. Pt. I

F9 Sch. 7 Pt. V para. 13(4)(d) and the word preceding it inserted (28.7.2000 for specified purposes, 1.4.2001 for E. and 1.4.2002 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 90(5) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3); S.I. 2001/2705, art. 2, Sch. Pt. I

F10 Words in Sch. 7 para. 13(4) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(d)(iii); S.I. 2006/2129, art. 4

F11 Words in Sch. 7 para. 13(4) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(d)(iv); S.I. 2006/2129, art. 4

F12 Words in Sch. 7 para. 13(4) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(d)(v); S.I. 2006/2129, art. 4

F13 Word in Sch. 7 para. 13(5) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(e)(i); S.I. 2006/2129, art. 4

F14 Words in Sch. 7 para. 13(5) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(e)(ii); S.I. 2006/2129, art. 4

F15 Words in Sch. 7 para. 13(5) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(e)(iii); S.I. 2006/2129, art. 4

F16 Words in Sch. 7 para. 13(5) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(11)(e)(iv); S.I. 2006/2129, art. 4

F17 Word after Sch. 7 Pt. V para. 13(7)(a) repealed (28.7.2000 for specified purposes, 1.4.2001 for E. and 1.4.2002 for W.) by 2000 c. 21, s. 153, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3); S.I. 2001/2705, art. 2, Sch. Pt. I

F18 Sch. 7 Pt. V para. 13(7)(c) inserted (28.7.2000 for specified purposes, 1.4.2001 for E. and 1.4.2002 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 90(6) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3); S.I. 2001/2705, art. 2, Sch. Pt. I

Adoption of proposals E+W

14 (1) Where the [F19 Assembly] has published proposals under paragraph 5 in respect of which [F20 it] is required to cause a local inquiry to be held, [F20 it] may when [F20 it] has considered the report of the person appointed to hold the inquiry do one or more of the following— E+W

(a) adopt, with or without modifications, or determine not to adopt the proposals or any other proposals made by [F21 the Assembly] under that paragraph which [F20 it] referred to the inquiry;

(b) approve, with or without modifications, or reject any other proposals which [F20 it] 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 [F2 local authority] concerned by the body to whom the directions were given.

(2) Where the [F22 Assembly] has published proposals under paragraph 5 in respect of which [F23 it] is not required to cause a local inquiry to be held and which [F23 it] is not required to refer to such an inquiry, [F23 it] 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.

Textual Amendments

F2 Words 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))

F19 Word in Sch. 7 para. 14(1) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(12)(a)(i); S.I. 2006/2129, art. 4

F20 Word in Sch. 7 para. 14(1) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(12)(a)(ii); S.I. 2006/2129, art. 4

F21 Words in Sch. 7 para. 14(1)(a) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(12)(a)(iii); S.I. 2006/2129, art. 4

F22 Word in Sch. 7 para. 14(2) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(12)(b)(i); S.I. 2006/2129, art. 4

F23 Word in Sch. 7 para. 14(2) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(12)(b)(ii); S.I. 2006/2129, art. 4

Implementation of proposals E+W

15 E+W Proposals adopted by the [F24 Assembly] under paragraph 14 shall have effect as if they—

(a) had been made by the [F2 local 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 [F24 Assembly] under paragraph 8 of Schedule 6.

Textual Amendments

F2 Words 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))

F24 Word in Sch. 7 para. 15 substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(13); S.I. 2006/2129, art. 4