The Changing of School Session Times (Wales) Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

Section 32 of the Education Act 2002, as amended by the Learner Travel (Wales) Measure 2008, sets out who is responsible for determining the dates of school terms, school holidays and the times of school sessions. For foundation, voluntary aided and foundation special schools, the governing body determines all these, and for community, voluntary controlled, community special schools and maintained nursery schools, the governing body determines the times of school sessions (with the local education authority determining the dates of the school terms and holidays). However where a local education authority considers that a change in any maintained school's session times is necessary or expedient to promote the use of sustainable modes of travel or to improve the efficiency or effectiveness of its travel arrangements, it can determine the time the school's first session begins and its second session ends (or if there is only one session, its start and end).

Regulation 2 of these Regulations revoke the Changing of School Session Times (Wales) Regulations 2000 which set out the procedures to be taken by the governing body of community, voluntary controlled, community special schools and maintained nursery schools before changing schools session times.

Regulation 3 sets out the procedures to be taken by the local education authority when it proposes to change the session times of a community school, voluntary controlled school, community special school, maintained nursery school, foundation school, voluntary aided school or foundation special school. These procedures include consulting with the governing body, head teacher and other staff at the school, and holding a meeting with the parents of pupils at the school. The authority must give at least three months notice of the change, and that change can only take effect at the beginning of the school year.

Regulation 4 re-enacts the provision made by the 2000 Regulations, requiring a governing body of a community, voluntary controlled, community special school or maintained nursery school to consult with the local education authority and school staff and to hold a meeting with the parents of pupils at the school before making a change. This regulation does not apply to foundation, voluntary aided and foundation special schools. If the change is to the time that a school session begins in the morning or ends in the afternoon, the governing body must give at least three months' notice of the change and the change must only take effect at the beginning of a school year. Otherwise it must give at least six weeks' notice, and the change can only take effect at the beginning of a school term.