SCHEDULES

F1SCHEDULE 7F1Sixth forms requiring significant improvementF2: Wales

Section 113.

F1 Part I Power to publish proposals

Secondary schools

1

(1)

Paragraphs 2 to 7 apply to a maintained school (within the meaning given by section 20(7) of the M1School Standards and Framework Act 1998) which—

(a)

provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b)

provides full-time education suitable to the requirements of pupils of compulsory school age.

F3(2)

For the purposes of those paragraphs a school requires significant improvement in relation to its sixth form if—

(a)

the school is failing to give its pupils over compulsory school age an acceptable standard of education, or

(b)

in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform.

F1F4 2

If a person who inspects a school—

(a)

states in his report an opinion, in accordance with section F5 ... 34(7) or 35 (2) or (5) of the Education Act 2005 (school no longer requiring special measures), that special measures are not required to be taken in relation to the school, but

(b)

is of the opinion that the school requires significant improvement in relation to its sixth form,

he shall state that opinion in his report.

3

F6(1)

This paragraph applies if in the course of an area inspection under F7F8... section 83 of this Act the Chief Inspector forms the opinion that a particular school F6requires significant improvement in relation to its sixth form .

(2)

The Chief Inspector shall make a report about the school stating his opinion.

F9(3)

The report shall be treated for all purposes of this Schedule and Part 1 of the Education Act 2005 (inspections) as if it were a report of an inspection of a school under section F10 ... 28 of that Act.

4

(1)

Parts II and III of this Schedule shall apply in relation to a school if—

F11(a)

an opinion that it F11requires significant improvement in relation to its sixth form is stated in a report in accordance with paragraph 2, and

F12(b)

F13... the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.

(2)

Parts II and III of this Schedule shall also apply in relation to a school if—

F14(a)

a report of an inspection under Chapter F15 ... 3 of Part 1 of the Education Act 2005 states the opinion that the school requires significant improvement in relation to its sixth form,

(b)

the next report of a kind mentioned in paragraph (a) also states that opinion,

F16(c)

F17...each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b), and

(d)

neither report states the opinion that special measures are required to be taken in relation to the school.

5

F18(1)

Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under F18Chapter F19... 3 of Part 1 of the Education Act 2005 or F20, F19... section 83 of this Act concludes—

(a)

that special measures are required to be taken in relation to the school, or

F21(b)

that the school does not F21require significant improvement in relation to its sixth form .

F22(2)

Where F23... the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.

(3)

Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 16 or 20.

6

F24(1)

This paragraph applies to a report of an inspection under Chapter F25 ...3 of Part 1 of the Education Act 2005 which—

(a)

states an opinion that a school requires significant improvement in relation to its sixth form, and

(b)

F26... is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a).

(2)

The person making a report to which this paragraph applies shall send a copy (together with a copy of the summary, if there is one)—

(a)

to F27... the National Assembly for Wales, and

F28(b)

if F29 ...

F29 (i)

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

F29 (ii)

... the person making the report is a member of the Inspectorate,

to the appropriate authority for the school.

F30(3)

The following provisions of the Education Act 2005 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies—

F31 (a)

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

F31 ...

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

F31 ...

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

F31 ...

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

F31 ...

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

(i)

section 38(2) (additional copies),

(ii)

section 38(4) (publication by appropriate authority),

(iii)

section 39 (action plan by appropriate authority), and

(iv)

where the F32local authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by F32local authority).

(4)

In the application of those provisions—

(a)

a reference to a report and summary shall be taken as a reference to a report and, if there is one, its summary, and

(b)

a reference to a summary alone shall be taken, in a case where there is no summary, as a reference to the report.

F1F33 7

(1)

Where a person who inspects a school is of the opinion that a school requires significant improvement in relation to its sixth form, the provisions specified in sub-paragraph (2) shall apply, with the necessary modifications, as they apply where he is of the opinion that special measures are required to be taken in relation to the school.

(2)

Those provisions are—

F34 (a)

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

(b)

F34 ... F35 section 34(1) to (6) of the Education Act 2005 (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate).

Institutions for 16-19 year olds

8

Paragraphs 9 to 14 apply to a maintained school (within the meaning given by section 20(7) of the M2School Standards and Framework Act 1998) F36in Wales which—

(a)

provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b)

does not provide full-time education suitable to the requirements of pupils of compulsory school age.

F37F19

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

10

(1)

This paragraph applies if in the course of an area inspection under F38F39... section 83 of this Act the Chief Inspector forms the opinion that—

(a)

special measures are required to be taken in relation to a particular school, or

F40(b)

that a particular school F40requires significant improvement in one or more areas of its activities.

(2)

The Chief Inspector shall make a report about the school stating his opinion.

F41F42(3)

The report shall be treated for all purposes of this Schedule and the F42Part 1 of the Education Act 2005 as if it were the report of an inspection of a school under F41section F43... 28 of that Act.

11

F44(1)

Parts 2 and 3 of this Schedule shall apply—

F45F45 ...

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

F45F45 ...

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

F45F45 ...

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

F45 ...

F45 ... if—

(i)

a report of an inspection of the school made under Chapter 3 of Part 1 of the Education Act 2005 states in accordance with section 34(7) or 35(5) an opinion that special measures are not required to be taken in relation to the school,

(ii)

the report also states in accordance with section 34(6) or 35(4) an opinion that the school requires significant improvement, and

(iii)

where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.

(2)

Parts II and III of this Schedule shall also apply in relation to a school if—

F46(a)

a report of an inspection under Chapter F45 ... 3 of Part 1 of the Education Act 2005 states that special measures are required to be taken in relation to the school or that the school requires significant improvement,

(b)

the next report of a kind mentioned in paragraph (a) also states an opinion of a kind mentioned in that paragraph, and

F47(c)

F48... each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b).

12

F49(1)

Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under F49Chapter F50... 3 of Part 1 of the Education Act 2005 or F51, F50... section 83 of this Act states—

(a)

that special measures are not required to be taken in relation to the school, or

F52(b)

that the school does not F52require significant improvement in one or more areas of its activities.

F53(2)

Where F54... the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.

(3)

Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph F55... 28.

F5613

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

F57F114

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

Part II Publication of proposals

Closure of sixth form: England

F5815

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

F5816

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

F5817

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

F5818

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

Closure of sixth form: Wales

19

Paragraphs 20 and 21 apply to a school which is maintained by a F32local authority in Wales and which—

(a)

provides full-time education suitable to the requirements of pupils who are over compulsory school age, and

(b)

provides full-time education suitable to the requirements of pupils of compulsory school age.

20

(1)

The F59National Assembly for Walesmay publish proposals for an alteration of the school as a result of which it will no longer provide education suitable to the requirements of pupils who are over compulsory school age.

(2)

The proposals shall contain such information and be published in such manner as may be prescribed.

(3)

Before publishing proposals the F60National Assembly for Wales shallF61...consult such persons as they consider appropriate.

21

F62(1)

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

F63(2)

In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.

22

In paragraphs 20 and 21 “prescribed” means prescribed by regulations made by the National Assembly for Wales.

Closure of institution for 16-19 year olds: England

F6423

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

F6424

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

F6425

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

F6426

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

Closure of institution for 16-19 year olds: Wales

27

Paragraphs 28 and 29 apply to a school which—

(a)

is maintained by a F32local authority in Wales,

(b)

provides full-time education suitable to the requirements of pupils over compulsory school age, and

(c)

does not provide full-time education suitable to the requirements of pupils of compulsory school age.

28

(1)

The F65National Assembly for Wales may publish proposals to discontinue the school.

(2)

The proposals shall contain such information and be published in such manner as may be prescribed.

(3)

Before publishing proposals the F66National Assembly for Wales shallF67... consult such persons as they consider appropriate.

29

F68(1)

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

F69(2)

In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.

30

In paragraphs 28 and 29 “prescribed” means prescribed by regulations made by the National Assembly for Wales.

Schools maintained by LEA outside its area

31

(1)

This paragraph applies to a school which—

(a)

is a community, voluntary or foundation school, and

(b)

is situated in an area other than that of the F32local authority who maintain it.

(2)

This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—

F70(a)

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

(b)

F70... by regulations made by the National Assembly for Wales.

F1Part III Implementation of proposals

England

F7132

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

F7133

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

F7134

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

F7135

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

F7136

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

F7137

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

F7138

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

Wales

39

(1)

Paragraphs 40 to 44 apply to schools F72maintained by a F32local authority in Wales in respect of which proposals are published under this Schedule.

(2)

In those paragraphs—

“the National Assembly” means the National Assembly for Wales,

F73...

“prescribed” means prescribed by or determined in accordance with regulations, and

“regulations” means regulations made by the National Assembly.

40

Regulations may require F74the National Assembly to provide prescribed information to prescribed persons at prescribed times—

F75(a)

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

F75(b)

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

41

Any person may send objections to the proposals to the National Assembly within such period as may be prescribed.

42

F76(1)

After the expiry of the period mentioned in paragraph 41, the National Assembly shall determine whether to—

(a)

withdraw the proposals;

(b)

confirm them without modification; or

(c)

confirm them subject to modifications.

(2)

In making a determination under sub-paragraph (1), the National Assembly shall have regard to any objections made in accordance with paragraph 41 and not withdrawn.

(3)

Before F77confirming proposals subject to modifications the National Assembly shall consult such persons as they consider appropriate.

(4)

F78A confirmation under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time, F79the National Assembly shall reconsider its determination under sub-paragraph (1) .

F80(5)

The National Assembly may withdraw its proposals at any time before a determination is made under this paragraph.

43

(1)

Where proposals are F81confirmed under paragraph 42 they shall be implemented.

(2)

But the National Assembly—

(a)

may modify the proposals, after consulting such persons as they consider appropriate;

(b)

where the proposals were F82confirmed subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;

(c)

may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were F82confirmed.

F83F83...

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

(4)

A determination may be made under sub-paragraph (2)(c) only in response to a proposal of F84the National Assembly for Wales which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to the proposals they shall be treated as rejected.

44

(1)

The duty to implement proposals to alter a school—

(a)

in the case of a community or community special school, shall be a duty of the F32local authority, and

(b)

in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.

(2)

The duty to implement proposals to discontinue a school—

(a)

in the case of a community or community special school, shall be a duty of the F32local authority, and

(b)

in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the F32local authority.

(3)

For the purpose of sub-paragraph (2)(a) or (b), a F32local authority’s duty to discontinue a school is a duty to cease maintaining it.

Schools maintained by LEA outside its area

45

(1)

This paragraph applies to a school which—

(a)

is a community, voluntary or foundation school, and

(b)

is situated in an area other than that of the F32local authority who maintain it.

(2)

This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—

F85(a)

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

(b)

F85...by regulations made by the National Assembly for Wales.