Part V Miscellaneous and general

Sixth-form education

F1 113A Restructuring of sixth-form education

F2 (1)

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(2)

The F3National Assembly for Wales may make proposals under this section—

(a)

with a view to meeting recommendations made in the report of an area inspection under section 83,

(b)

with a view to promoting one or more of the relevant objectives, or

(c)

if—

(i)

they are made in addition to proposals relating to education or training other than in schools, and

(ii)

the combined proposals are made with a view to promoting one or more of the relevant objectives.

(3)

For the purposes of this section, the following are “ relevant objectives ”—

(a)

an improvement in the educational or training achievements of persons who are above compulsory school age but below the age of 19;

(b)

an increase in the number of such persons who participate in education or training suitable to the requirements of such persons;

(c)

an expansion of the range of educational or training opportunities suitable to the requirements of such persons.

(4)

Proposals under this section are proposals for one or more of the following—

(a)

the establishment by a F4local authority F5 in Wales of one or more new community, foundation, community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);

F6 (aa)

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(b)

an alteration to one or more maintained schools which relates to the provision of secondary education suitable to the requirements of such persons and is of a description prescribed by regulations;

(c)

the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of such persons (and no other secondary education).

F7(4A)

Proposals under this section are to be published.

F8(5)

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F9(5A)

In respect of proposals under subsection (2), the relevant authority shall, in accordance with regulations made under subsection (9), determine whether to—

(a)

confirm them, with or without modification or subject to the occurrence of any event; or

(b)

withdraw them.

(6)

Schedule 7A (implementation of proposals) has effect.

F10(7)

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F11(8)

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(9)

Regulations may make provision about proposals under this section and may in particular make provision about—

(a)

the information to be included in, or provided in relation to, the proposals;

(b)

publication of the proposals;

(c)

consultation on the proposals (before or after publication);

(d)

the making of objections to or comments on the proposals;

(e)

withdrawal or modification of the proposals;

F12(f)

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F13(g)

confirmation of proposals under subsection (2) by the relevant authority

(10)

For the purposes of sections 496 and 497 of the Education Act 1996 (c. 56) (powers to prevent unreasonable exercise of functions and general default powers), the provisions of this section and Schedule 7A shall be treated as if they were provisions of that Act.

(11)

For the purposes of this section and Schedule 7A—

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

(a)

in the religious character of the school, or

(b)

whereby the school would acquire or lose a religious character;

F14“local authority” and “local authority in Wales” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

“ maintained school ” means a community, foundation or voluntary school or a community or foundation special school;

“ regulations ” means—

(a)

F15 ...

(b)

in relation to proposals by the F16National Assembly for Wales, regulations made by the National Assembly for Wales;

“ relevant authority ” means—

(a)

F17 ...

(b)

in relation to the F18National Assembly for Wales, the National Assembly for Wales;

“ secondary education ” has the same meaning as in section 2 of the Education Act 1996.