Part II New framework for maintained schools

C12 Chapter II Establishment, alteration or discontinuance of schools

Annotations:
Modifications etc. (not altering text)
C12

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

Mainstream schools maintained by LEAs

I1C1C2C3C4C5C13C14C1928 Proposals for establishment or alteration of community, foundation or voluntary school F6in Wales.

1

Where a local education authority F7in Wales propose—

a

to establish a new community or foundation school, or

F1aa

to establish a new maintained nursery school, or

C18b

to make any prescribed alteration to a community school, or

c

to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school, F5or

d

F8... to make any prescribed alteration to a maintained nursery school

the authority shall publish their proposals under this section.

F21A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Where—

a

any persons (referred to in this Part as “promoters”) propose to establish a new foundation or voluntary school F9in WalesF3..., or

b

the governing body of a foundation or voluntary school F10in WalesF11... propose to make any prescribed alteration to the school,

those persons or (as the case may be) the governing body shall publish their proposals under this section.

F122A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F122B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C6C7C153

Proposals under this section shall—

a

contain such information, and

b

be published in such manner,

as may be prescribed.

F44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C8C9C165

Before publishing any proposals under this section, the relevant body or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body or promoters shall have regard to any guidance given from time to time by the F13Assembly.

F146

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C6C107

F15... The relevant body or promoters shall send—

a

a copy of F16any proposals published under this section, and

b

such information in connection with those proposals as may be prescribed,

to the F17Assembly.

C6C178

Schedule 6 has effect F18... in relation to—

a

the procedure for dealing with proposals under this section and their implementation; and

b

the provision of premises or other assistance in connection with their implementation.

9

Where any proposals published under this section—

a

are for the transfer of a school to a site in a different area, or

b

relate to a school which is, or (in the case of a new school) is proposed to be, situated in an area other than that of the local education authority who maintain, or (as the case may be) who it is proposed should maintain, the school,

the provisions of F19... Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.

C6C1110

In this section “the relevant body or promoters” means the local education authority, governing body or promoters mentioned in subsection (1) or (2) (as the case may be).

C611

In this Part—

a

“alteration”, in the context of a prescribed alteration to a maintained school, means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—

i

in the religious character of the school, or

ii

whereby the school would acquire or lose a religious character; and

b

“area” (without more) means a local education authority area.

12

Any regulations made for the purposes of subsection (1)(b) or (2)(b) may be framed by reference to the opinion of the local education authority.