The Education (School Organisation Proposals) (Wales) Regulations 1999

Regulation 6

SCHEDULE 4 INFORMATION TO BE PROVIDED TO THE ASSEMBLY

PART I INTERPRETATION

1.—(1) In this Schedule—

“the current school year” means the school year in which the proposals are published;

“GCE ‘A’ level examination” and “GCE ‘AS’ examinations” mean General Certificate of Education advanced level examinations and General Certificate of Education advanced supplementary examinations respectively;

“GCSE” means General Certificate of Secondary Education;

“GNVQ” means General National Vocational Qualification;

“nursery education” means education provided for children who are below compulsory school age;

“NVQ” means National Vocational Qualification; and

“sixth form education” means full-time education suitable to the requirements of pupils over compulsory school age.

(2) Any reference in this Schedule to the relevant radius is—

(a) where the school or proposed school the subject of the proposals is, or is to be, a primary school, a radius of 3.218688 kilometres (two miles); and

(b) where the school or proposed school the subject of the proposals is, or is to be, a secondary school, a radius of 4.828032 kilometres (3 miles).

(3) Any reference in this Schedule to proposals being approved or rejected (however framed) includes a reference to the body or promoters by whom they were published determining under paragraph 9 of Schedule 6 to the Act to implement or not to implement (as the case may be) the proposals.

PART II INFORMATION TO BE PROVIDED IN ALL CASES WHERE THE PROPOSALS ARE PUBLISHED UNDER SECTION 28 OR 29 OF THE ACT

2.  The objectives of the proposals.

3.  Evidence of the consultation carried out before the proposals were published including—

(a) copies of the consultation documents; and

(b) the views and responses from the persons consulted.

4.  A map showing the location of the school or proposed school the subject of the proposals and all other community, voluntary and foundation schools within the relevant radius of the school or proposed school.

5.  A list of all schools within the relevant radius of the school or proposed school the subject of the proposals, stating which of such schools are maintained by a different local education authority, together with the following information in respect of each such school for the current school year, and (except for the information specified in sub-paragraph (d)) the previous school year:

(a) the standard number for each relevant age group;

(b) the number of year groups;

(c) the capacity of the school; and

(d) the number of pupils at the school;

and a forecast of the matters specified in sub-paragraphs (b) to (d) for each of the subsequent five school years.

PART III ADDITIONAL INFORMATION TO BE PROVIDED WHERE THE PROPOSALS ARE TO ESTABLISH A NEW SCHOOL

6.  The following information relating to the proposed school—

(a) the standard number for each relevant age group;

(b) the number of year groups;

(c) the capacity of the proposed school; and

(d) where it is intended that the proposed school should provide nursery education—

(i) the number of pupils for which it is intended that such education is to be provided, and

(ii) the capacity of the accommodation to be provided for nursery education,

for the school year in which the first pupils will be admitted to the school and a forecast of the matters specified in sub-paragraphs (b) and (c) for the subsequent four school years.

7.  The following information relating to the proposed accommodation (including temporary accommodation)—

(a) the location of the accommodation;

(b) whether the proposed school is to occupy a single or split site;

(c) how accessible the accommodation will be;

(d) details of general and specialist accommodation (both teaching and non-teaching); and

(e) (where relevant) details of accommodation for nursery education.

8.  Where the proposed school is to be established in substitution for an independent school the information referred to in paragraph 7 relating to the accommodation at the independent school.

9.  A statement indicating how the proposal would contribute to enhancing the diversity and quality of education.

10.  A breakdown of the costs of the establishment of the proposed school.

11.—(1) Information as to whether the school will make provision which is recognised by the local education authority as reserved for children with special educational needs and, if so, the nature of such provision and the proposed number of pupils for whom such provision is to be made.

(2) Details of the proposed policy of the school relating to the education of pupils with special educational needs.

12.  Details of the proposed staffing of, and the balance of specialisms at, the proposed school.

13.  Details of how the proposed curriculum at the school will meet the requirements of the basic curriculum (within the meaning of section 352 of the 1996 Act(1)) and any provision which will be in addition to the basic curriculum.

14.  Details of the proposed admission arrangements for the proposed school.

15.  Where the proposed school is to be a voluntary aided school—

(a) details of the tenure (freehold or leasehold) on which the site of the proposed school will be held, and if the site is to be held on a lease, details of the proposed lease;

(b) details of the trusts on which the site is to be held together with details of any arrangements to secure that, if the proposed school is discontinued or transfers to a new site, the proceeds of sale of the site will be available for use in connection with another maintained school;

(c) the estimated purchase price of the site (and any existing buildings to be used);

(d) the amount of grant under paragraph 5 or 6 of Schedule 3 to the Act in respect of the acquisition of the site for which it is intended that an application should be made;

(e) a breakdown of costs between—

(i) the costs to be borne by the governing body together with the level of grant under paragraph 5 or 6 of Schedule 3 to the Act in respect of those costs for which it is intended that an application shall be made, and

(ii) the costs to be borne by the local education authority,

profiled over the expected life of the buildings of the proposed school;

(f) a statement as to whether, as a result of the proposals, premises used for the purposes of another school will no longer be required and if so—

(i) a statement as to whether those premises will be sold, and if so, the estimated sale proceeds, and

(ii) if those premises are not to be sold, a statement as to the proposed use of the premises;

(g) a statement that the governing body will be able and willing to carry out their obligations under Schedule 3 to the Act;

(h) a statement as to whether the freehold interest in the proposed site is to be held by the trustees of the school and if it is not, details of the ownership of the freehold interest in the site;

(i) a statement as to whether the Secretary of State has indicated that in principle grant will be paid under paragraph 5 or 6 of Schedule 3 to the Act; and

(j) a statement as to whether the proceeds of sale of other premises will be available to the trustees.

16.  Where the proposed school is to be a foundation school a statement as to whether the school—

(a) will have a foundation established otherwise than under the Act;

(b) will belong to a group of schools for which a foundation body acts under section 20 of the Act; or

(c) will not fall within sub-paragraph (a) or (b).

17.  Where the proposed school is to be a foundation or voluntary school which it is proposed should have a religious character an estimate of the demand in the area for religious education in accordance with the tenets of the religion or religious denomination in question.

18.  Where the proposed school is to be a voluntary or foundation school established in substitution for an independent school—

(a) a statement as to the likely future of the independent school if the proposals were rejected; and

(b) copies of accounts for the independent school for the previous two years.

19.  Where the establishment of the new school involves development for the purpose of the Town and Country Planning Act 1990(2) a statement as to whether planning permission has been obtained and, if it has not been obtained, details of the reason (if known) why such permission has not been obtained.

PART IV ADDITIONAL INFORMATION TO BE PROVIDED WHERE THE PROPOSALS ARE TO MAKE A PRESCRIBED ALTERATION TO A SCHOOL

20.  The following information relating to the school for the current school year and (except for the information specified in sub-paragraph (d)), the previous school year—

(a) the standard number for each relevant age group;

(b) the number of year groups;

(c) the capacity of the school; and

(d) the number of pupils at the school,

and a forecast of the matters specified in sub-paragraphs (b) to (d) for each of the subsequent five years on the assumption that the proposals are approved.

21.—(1) A statement as to whether the school has been inspected under section 10 of the School Inspections Act 1996(3) during the period starting three years before the date of publication of the proposals.

(2) Where the school has been inspected during that period the date of the inspection and details of the outcome of the inspection.

22.  Except where the proposals are such as are mentioned in paragraph 29(e) below, details of how the curriculum at the school meets the requirements of the basic curriculum (within the meaning of section 352 of the 1996 Act) and any provision which will be in addition to the basic curriculum.

23.  Where the proposals relate to a voluntary school—

(a) a statement as to whether any new or additional site will be required for the school if the proposals are implemented and if so—

(i) details of the tenure (freehold or leasehold) on which the site will be held, and if the premises are to be held on a lease, details of the proposed lease;

(ii) details of the trusts on which the site is to be held together with details of any arrangements to secure that if the school is discontinued or transfers to a new site the proceeds of sale of the site will be available for use in connection with another maintained school;

(iii) the estimated purchase price of the site (and any existing buildings to be used); and

(iv) the amount of grant under paragraph 5 and 6 of Schedule 3 to the Act in respect of the acquisition of the site for which it is intended that an application should be made;

(b) a breakdown of any costs involved in the implementation of the proposals between—

(i) the costs to be borne by the governing body together with the level of grant under paragraph 5 or 6 of Schedule 3 to the Act in respect of those costs for which it is intended that an application should be made; and

(ii) the costs to be borne by the local education authority,

profiled over the expected life of the buildings of the school; and

(c) a statement as to whether, as a result of the proposals, premises used for the purposes of the school will no longer be required and if so—

(i) a statement as to whether those premises will be sold, and, if so, the estimated sale proceeds; and

(ii) if the premises are not be to sold a statement as to the proposed use of the premises.

24.  Where the proposals are to make an enlargement of the premises of the school—

(a) details of how it is intended to fund the implementation of the proposals;

(b) an estimate of any recurrent savings to—

(i) the individual schools' budget for the local education authority, or

(ii) transport and other recurrent costs incurred by the local education authority,

which would occur if the proposals were implemented.

25.  Where the proposals are to alter the upper age limit of the school so that the school provides sixth form education or additional sixth form education—

(a) the proposed numbers of pupils over compulsory school age in the school year in which the proposals are intended to be implemented and the subsequent school year if the proposals are approved;

(b) details of any full-time sixth form education currently provided;

(c) details of the number of pupils over compulsory school age in each year group leaving the school and transferring to other institutions providing full-time education together with the names of the institutions in question for the most recent school year ending before that in which the proposals were published;

(d) the number of pupils referred to in sub-paragraph (c) in each year group as a proportion of the total number of pupils in that year group;

(e) details of the following examination results, for the two school years before the current school year, at the school the subject of the proposals and at each maintained school, city technology college and institution within the further education sector named in accordance within sub-paragraph (c)—

(i) results of GCSE examinations, limited in the case of schools other than the school the subject of the proposals and institutions in the further education sector, to the results of GCSE examinations taken by pupils over compulsory school age,

(ii) results of GCE ‘A’ level and ‘AS’ examinations,

(iii) NVQs, GNVQs and other vocational qualifications attained by pupils over compulsory school age;

(f) a development plan of the school setting out the long term effect of the proposals;

(g) details of the courses to be offered (if the proposals are approved) leading to GCE ‘A’ level and ‘AS’ examinations and advanced vocational qualifications and the forecast demand for each such course, including details of how the requirement for religious education of pupils over compulsory school age will be met;

(h) the proposed number of pupils who will be provided with sixth form education if the proposals are approved;

(i) the capacity of the proposed accommodation for pupils who will be provided with sixth form education if the proposals are approved;

(j) the number of places available at institutions named in accordance with sub-paragraph (c) which are schools;

(k) details of any recurrent costs following implementation of the proposals and any savings in expenditure as a result of implementation of the proposals; and

(l) details of—

(i) any additional specialist resources to support the proposed provision,

(ii) arrangements to inform pupils and parents about the opportunities for education suitable to the requirements of pupils over compulsory school age in the area, and

(iii) the present and proposed arrangements for co-operation and the exchange of information between the school the subject of the proposals, other maintained schools and institutions within the further education sector.

26.  Where the proposals are to alter the upper age limit of the school so that the school ceases to provide sixth form education—

(a) details of the number of pupils over compulsory school age in each year group remaining at the school the subject of the proposals in the two school years before the current school year;

(b) details of the number of pupils over compulsory school age who have transferred from the school the subject of the proposals to another institution providing full-time or part-time education during the period referred to in sub-paragraph (a);

(c) the names of the institutions to which the pupils referred to in sub-paragraph (b) transferred indicating how many pupils went to each such institution;

(d) the number of pupils referred to in respectively, sub-paragraph (a) and (b) in each year group as a proportion of the total number of pupils in that year group;

(e) the following details of the sixth form education currently provided—

(i) courses leading to GCE ‘A’ level and ‘AS’ examinations,

(ii) courses leading to advanced GNVQs and other advanced vocational qualifications,

(iii) other courses, and

(iv) the number of pupils attending each course;

(f) details of transitional arrangements which will apply to pupils currently receiving sixth form education if the proposals are approved;

(g) details of the following examination results, for the two school years before the current school year, at the school the subject of the proposals and at each maintained school, city technology college and institution within the further education sector named in accordance with sub-paragraph (c)—

(i) results of GCSE examinations, limited in the case of schools other than the school the subject of the proposals and institutions in the further education sector, to the results of GCSE examinations taken by pupils over compulsory school age;

(ii) results of GCE ‘A’ level and ‘AS’ examinations;

(iii) NVQs, GNVQs and other vocational qualifications attained by pupils over compulsory school age;

(h) a development plan of the school setting out the long-term effect of the proposals;

(i) the number of places available at institutions named in accordance with sub-paragraph (c);

(j) details of any recurrent costs following implementation of the proposals and any savings in expenditure as a result of implementation of the proposals.

27.  Where the proposals are to establish provision such as is mentioned in paragraph 3 of Schedule 2—

(a) a description of the types of learning difficulties in respect of which education would be provided;

(b) details of any additional specialist features to be provided;

(c) the proposed numbers of pupils for which the provision is to be made;

(d) details of how the provision would be funded;

(e) a statement as to whether the education will be provided for children with special educational needs who are not registered pupils at the school to which the proposals relate;

(f) a statement as to whether the expenses of the provision would be met from the school’s delegated budget; and

(g) the location of the provision if it is not to be established on the existing site of the school.

28.  Where the proposals are to discontinue provision such as is mentioned in paragraph 3 of Schedule 2—

(a) details of alternative provision for pupils for whom such provision is currently made;

(b) details of the number of pupils for whom such provision was made during each of the four school years preceding the current school year;

(c) proposals for amendment of the statements of special educational needs of the pupils for whom provision is currently made; and

(d) details of provision made outside the area of the local education authority for pupils whose needs will not be able to be met in the area of that authority as a result of the discontinuance of the provision.

29.  Where the proposals are to alter the upper or lower age limits of the school (other than proposals such as are described in paragraph 25 or 26)—

(a) the current age range of the school;

(b) the proposed age range of the school if the proposals are approved;

(c) any changes to the accommodation of the school which will be necessary if the proposals are approved;

(d) the proposed admission arrangements;

(e) where the proposals are to alter the lower age limit of the school such that the school provides nursery education or additional nursery education—

(i) details of how the education resulting from the proposals (if implemented) will be organised, including the number of full-time and part-time pupils and the number of sessions in each week,

(ii) the extent to which the proposals, if approved, will integrate the education provided with child care services or are consistent with the integration of nursery education and child care,

(iii) evidence of demand for additional provision of nursery education including the numbers of pupils receiving such education at schools maintained by the local education authority within a radius of 3.218688 kilometres (two miles),

(iv) a statement of the reasons as to why any school which has unused capacity to accommodate children under compulsory school age cannot make provision for any forecast increase in the numbers of such children,

(v) an estimate of the proportion of children under compulsory school age in the area of the local education authority who are educated at schools maintained by the local education authority,

(vi) an estimate of the proportion of such children in the area of the local education authority who are educated at schools not maintained by the local education authority,

(vii) an estimate of the proportion of children referred to in paragraph (v) of this sub-paragraph who are educated at schools maintained by the local education other than in reception classes (within the meaning of section 579(1) of the Education Act 1996),

(viii) an estimate of the extent of deprivation in the area served by the school, and

(ix) whether child care will be provided outside school hours if the proposals are approved; and

(f) details of any recurrent costs following implementation of the proposals and any savings in expenditure as a result of implementation of the proposals.

30.  Where the proposals are for the introduction of admission arrangements to which section 101 of the Act applies, details of the admission arrangements for the school and of the admission arrangements which are proposed for the school if the proposals are approved.

31.  Where the proposals are to make an alteration to a school to provide that a school which was an establishment which admitted pupils of one sex only becomes an establishment which admits pupils of both sexes—

(a) details of the likely effect which the alteration will have on the balance of the provision of education for boys and girls in the area; and

(b) details of any transitional period which the body making the proposals wishes specified in a transitional exemption order (within the meaning of section 27 of the Sex Discrimination Act 1975)(4).

32.  Where the proposals are to make an alteration to a school to provide that a school which was an establishment which admitted pupils of both sexes becomes an establishment which admits pupils of one sex only, details of the likely effect which the alteration will have on the balance of the provision for boys and girls in the area.

33.  Where the proposals are for a change in the language medium of teaching at the school falling within any of the descriptions of such changes referred to in paragraph 6 of Schedule 2—

(a) evidence as to the level of demand (or projected demand) by parents living in the area served by the school to which the proposals relate with children of the year group or year groups concerned, for those children to be provided with education through, respectively, the medium of English and the medium of Welsh; evidence as to the extent to which existing provision by the authority of such education for that area exceeds, or falls short of, such demand (or projected demand); and evidence as to the extent to which the proposed change would remedy any such excess or shortfall; or

(b) any other reasons for the proposed change.

34.  Where the proposals are proposals for the introduction or ending of boarding provision, or the alteration of boarding provision such as is mentioned in paragraph 7(2) of Schedule 2—

(a) the current number of pupils for whom boarding provision can be made;

(b) the number of pupils for whom it is intended that boarding provision shall be made if the proposals are approved;

(c) except where the proposals are to introduce boarding provision, a description of the boarding provision;

(d) where the proposals are to end or reduce boarding provision a statement as to the use to which the former boarding accommodation will be put if the proposals are approved; and

(e) except where the proposals are to end boarding provision, arrangements for safeguarding the welfare of children at the school.

35.  Where the proposals are to transfer a school to a new site—

(a) the map such as is referred to in paragraph 4 showing the location of the school at the proposed new site (as well as the existing site);

(b) the information referred to in paragraph 5 relating to schools within the relevant radius of the school at its proposed new site (as well as its existing site);

(c) the following information relating to the accommodation both at the old site and at the proposed new site—

(i) the location of the accommodation and proposed accommodation,

(ii) whether the school occupies or it is proposed that it should occupy a single or split site,

(iii) how accessible the accommodation is and the proposed accommodation will be,

(iv) details of the general and specialist accommodation or proposed accommodation (both teaching and non-teaching), and

(v) (where relevant) details of accommodation or proposed accommodation for nursery provision;

(d) whether it is anticipated that there will be a shortage of school places at the schools within the relevant radius of the school at its existing site;

(e) if any of the schools within the relevant radius of the proposed new site has unused capacity, a statement of the reasons why such school cannot make provision for any forecast increase in the numbers of children who might otherwise attend that school; and

(f) details of any recurrent costs following implementation of the proposals, and any savings in expenditure as a result of implementation of the proposals.

36.  Where the implementation of the proposals will involve development for the purposes of the Town and Country Planning Act 1990(5) a statement as to whether planning permission has been obtained, and, if it has not been obtained, details of the reason (if known) why such permission has not been obtained.

37.  Where the school is a voluntary or foundation school which has a religious character, except where the proposals are to transfer the school to a new site, an estimate of the demand in the area for religious education in accordance with the tenets of the particular religion or religious denomination in question.

PART V ADDITIONAL INFORMATION TO BE PROVIDED WHERE THE PROPOSALS ARE TO DISCONTINUE A SCHOOL

38.  The following information relating to the school for the current school year and (except for the information specified in sub-paragraph (d)), the previous school year—

(a) the standard number for each relevant age group;

(b) the number of year groups;

(c) the capacity of the school; and

(d) the number of pupils at the school.

39.  The following information relating to the accommodation at the school—

(a) the location of the accommodation;

(b) whether the school occupies a single or split site; and

(c) details of general and specialist accommodation.

40.  Details of proposals for pupils who are currently at the school to transfer to other schools together with any transitional arrangements.

41.  An assessment of the quality of any schools to which it is proposed that such pupils may transfer.

42.  Where the school provides sixth form education the information specified in paragraph 26 in relation to the school.

PART VI INFORMATION TO BE PROVIDED WHERE PROPOSALS ARE PUBLISHED UNDER PARAGRAPH 9 OF SCHEDULE 23 TO THE ACT

43.  The objectives of the proposal.

44.  Except where the application to vary a standard number is made in accordance with section 93(7) of the Act, evidence of the consultation which has taken place as required by paragraph 9(2) of Schedule 23 to the Act and evidence of any consultation required by section 89(2) of the Act relating to proposed admission arrangements where such arrangements have given rise to the proposal to vary a standard number, including—

(a) copies of the consultation documents; and

(b) the views and responses from the persons consulted.

45.  Where the application to vary a standard number is made in accordance with section 93(7) of the Act, a copy of the proposal made under section 93(5) of the Act and of the notice under section 93(6) rejecting that proposal.

46.  The number of pupils at the school during the current school year.

47.  Where there is to be any change in the capacity of the school to accommodate pupils (calculated having regard to any guidance of the kind referred to in paragraph 9(3) of Schedule 23 to the Act) a description of the position before and after the proposed change.

48.  Where there is no change in the capacity of the school to accommodate pupils (as so calculated), evidence of the need for the proposed change.

49.  Where the proposal is to enable the objective referred to in paragraph 11(1)(b) of Schedule 23 to the Act to be achieved, a statement as to whether the proposed standard number was shown in the statement prepared under section 2 of the Act.

50.  A plan of the school showing the school buildings before any changes to the school buildings resulting from which the application is made, or which are proposed if a decision is made in accordance with the application, and a plan of the school showing the school buildings after such changes.

51.  Details of the gross area of the school and the gross teaching area of the school in square metres.

52.  Details of the number of pupils in each year group in the current school year and the preceding four school years.

(1)

Section 352 is prospectively amended by paragraph 86 of Schedule 30 to the Act.

(2)

1990 c. 8.

(3)

1996 c. 57. Subsection (3) of Section 10 is amended and subsections (4A) and (4B) inserted by paragraph 6 of Schedule 6 to the Education Act 1997 (1997 c. 44); and the section is prospectively amended by paragraph 191 of Schedule 30 to the Act.

(4)

1975 c. 65. Section 27 is prospectively amended by paragraph 6 of Schedule 30 to the Act.

(5)

1990 c. 8.