1 Name, commencement and application

(1)    These Regulations are called the School Organisation Proposals by the National Council for Education and Training for Wales Regulations 2002 and shall come into force on 1st April 2002.

(2)    These Regulations apply to Wales.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see para (1) above.

2 Interpretation

2Interpretation

(1)    In these Regulations—

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998;

“the 2000 Act” (“Deddf 2000”) means the Learning and Skills Act 2000;

“16 to 19 institution” (“sefydliad 16 i 19 oed”) means a maintained school 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;

“the Council” (“y Cyngor”) means the National Council for Education and Training for Wales;

“further education college” (“coleg addysg bellach”) means an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992);

“mainstream school” (“ysgol prif-ffrwd”) means a maintained school other than a special school;

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“proposals to discontinue a sixth form” (“cynigion i gau chweched dosbarth”) means proposals such as are mentioned in paragraph 20(1) of Schedule 7;

“relevant age group” (grwp oedran perthnasol“) has the meaning given to it by section 142(1) of the 1998 Act;

“special school” (“ysgol arbennig”) means a community or foundation special school;

“statement of special educational needs” (“datganiad o anghenion addysgol arbennig”) means a statement of special educational needs maintained under Part IV of the Education Act 1996.

(2)    Any reference in these Regulations to Schedule 7 is a reference to Schedule 7 to the 2000 Act.

(3)    For the purposes of these Regulations the date of publication of proposals is—

(a)    the date on which the requirements of regulation 4 are satisfied; or

(b)    where different requirements are satisfied on different dates, the last of such dates.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

3 Information to be contained in published proposals

3Information to be contained in published proposals

(1)    This regulation prescribes for the purposes of paragraphs 20(2) and 28(2) of Schedule 7, the information which proposals published under paragraph 20 or 28 of Schedule 7 must contain.

(2)    Such proposals must contain the information specified in Schedule 1 to these Regulations.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

4 Manner of publication of proposals

4Manner of publication of proposals

(1)    This regulation prescribes for the purposes of paragraphs 20(2) and 28(2) of Schedule 7 the manner of publication of proposals required to be published under paragraph 20 or 28 of Schedule 7.

(2)    Where the school is a maintained school, such proposals shall be published—

(a)    by being posted in a conspicuous place in the area served by the school;

(b)    in at least one newspaper circulating in that area; and

(c)    by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.

(3)    Where the school is a special school, such proposals shall be published—

(a)    in at least one newspaper circulating in the area of the local education authority who maintain the school; and

(b)    by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

5 Information to be sent to the National Assembly

5Information to be sent to the National Assembly

(1)    This regulation prescribes for the purposes of paragraphs 21(1)(b) and 29(1)(b) of Schedule 7 the information which the Council must send to the National Assembly.

(2)    The Council shall send to the National Assembly the information specified in Part II of Schedule 2 to these Regulations, where the school is a mainstream school, or Part III of that Schedule, where the school is a special school, together with—

(a)    the information specified in Part IV of that Schedule, where the proposals are to discontinue a sixth form; or

(b)    the information specified in Part V of that Schedule, where the proposals are to discontinue a 16–19 institution.

(3)    Part 1 of Schedule 2 applies for the purpose of the interpretation of terms used in Parts II to V of that Schedule.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

6 Bodies to whom a copy of the published proposals must be sentspecial schools

6Bodies to whom a copy of the published proposals must be sent—special schools

(1)    This regulation prescribes for the purposes of paragraphs 21(2) and 29(2) of Schedule 7 the bodies or persons to whom, in the case of a special school, the Council shall also send a copy of the published proposals.

(2)    The Council shall send a copy of the published proposals to—

(a)    the local education authority who maintain the school;

(b)    each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;

(c)    the parents of each registered pupil at the school;

(d)    any Health Authority which acts for any area which includes any part of the area of the local education authority who maintain or who it is proposed should maintain the school; and

(e)    any National Health Service Trust who have responsibility for the ownership or management of any hospital or other establishment or facilities in the area of the local education authority who maintain the school.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

7 Objections to proposals

7Objections to proposals

(1)    This regulation prescribes for the purposes of paragraph 41 of Schedule 7 the period within which objections to the proposals may be sent to the National Assembly.

(2)    Objections shall be sent to the National Assembly within one month after the date of publication of the proposals.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

8 Conditional approvals

8Conditional approvals

(1)    This regulation prescribes kinds of events for the purposes of paragraph 42(4) of Schedule 7 (which provides that approval of proposals may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind).

(2)    The kinds of events are any of the following events relating to any other school or proposed school in respect of which proposals have been published under section 28 or 31 of the 1998 Act—

(a)    the grant of planning permission under Part III of the Town and Country Planning Act 1990;

(b)    the acquisition of a site on which the new school, a proposed enlargement of the premises of the school or other alteration of the premises of the school is to be constructed;

(c)    the acquisition of playing fields to be provided for the school;

(d)    the securing of any necessary access to a site or playing fields referred to in paragraphs (b) and (c) respectively of this paragraph;

(e)    the entering into of a private finance transaction within the meaning of regulation 16 of the Local Authorities (Capital Finance) Regulations 1997; and

(f)    the making of any scheme relating to any charity connected with the school or proposed school.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

9 Provision of information by the National Assembly

9Provision of information by the National Assembly

(1)    The National Assembly shall notify the following persons of each decision taken under paragraph 42(1) or 43(2) of Schedule 7—

(a)    the Council;

(b)    the local education authority who maintain the school;

(c)    where the school is a special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;

(d)    the governing body of the school to which the proposals relate; and

(e)    subject to paragraph (3), each objector for whom an address has been provided to the National Assembly.

(2)    Where, pursuant to paragraph (1), the National Assembly notifies the persons referred to in that paragraph of a decision they shall also notify them of the reasons for that decision.

(3)    Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the National Assembly may comply with paragraph (1)(e) by—

(a)    notifying the person (if any) who appears to them to have arranged for the petition to be sent to the National Assembly (if an address has been provided for that person); or

(b)    if there is no such person (or an address has not been provided for that person), notifying any one objector whose name appears on the petition.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

10 Proposals published under paragraph 43(4) of Schedule 7

10Proposals published under paragraph 43(4) of Schedule 7

Schedule 3 to these Regulations has effect in relation to proposals under paragraph 43(4) of Schedule 7 (proposals previously published and approved under Schedule 7 not to be implemented).

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

11 Change of category of school

11Change of category of school

Where, after proposals have been published under Schedule 7 but before they have been implemented, a school changes category under Schedule 8 to the 1998 Act from a community or community special school the proposals shall (to the extent that they have not been implemented) be implemented by the local education authority (despite paragraph 44 of Schedule 7).

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998.

D Elis - Thomas

The Presiding Officer of the National Assembly

26th February 2002

SCHEDULE 1 Information to be Contained in Published Proposals

SCHEDULE 1Information to be Contained in Published Proposals Regulation 3

1

A statement that the proposals are published by the Council.

2

The date on which the proposals are planned to be implemented or, where the proposals are planned to be implemented in stages, the date on which each stage is planned to be implemented.

3

Details of the schools or further education colleges which pupils who are at the school and for whom provision is to be discontinued may attend, including any interim arrangements.

4

The proposed arrangements for transport of such pupils to other schools or further education colleges.

5

Details of any other measures proposed to be taken to increase the number of school or further education college places available in consequence of the proposed discontinuance of provision.

6

Where the proposals are to discontinue a sixth form, the number of pupils to be admitted to the school in each relevant age group in the first school year in which the proposals have been implemented or, where it is intended that the proposals should be implemented in stages, the number of pupils to be admitted to the school in the first school year in which each stage has been implemented.

7

Where proposals are to discontinue a sixth form at—

(a)    a community or community special school, a statement that the duty to implement the proposals is a duty of the local education authority,

(b)    a voluntary, foundation or foundation special school, a statement that the duty to implement the proposals is a duty of the governing body.

8

Where the proposals are to discontinue—

(a)    a 16–19 institution which is a community or community special school, a statement that the duty to implement the proposals is a duty of the local education authority,

(b)    a 16–19 institution which is a voluntary or foundation school, a statement that the duty to implement the proposals is a shared duty of the governing body and the local education authority.

9

A statement explaining the effect of paragraph 41 of Schedule 7 and regulation 7 including the date by which objections must be sent to the National Assembly.

10

The address of the National Assembly to which objections must be sent.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

SCHEDULE 3 Proposals under Paragraph 43(4) of Schedule 7

SCHEDULE 3Proposals under Paragraph 43(4) of Schedule 7 Regulation 10

1

In this Schedule—

“the new proposals” (“y cynigion newydd”) means proposals such as are mentioned in paragraph 43(4) of Schedule 7; and

“the original proposals” (“y cynigion gwreiddiol”) means the proposals approved under Part III of Schedule 7 to which the new proposals relate.

2

The new proposals shall—

(a)    where the school is a mainstream school be published—

(i)    by being posted in a conspicuous place in the area served by the school;

(ii)    in at least one newspaper circulating in that area; and

(iii)    by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.

(b)    where the school is a special school be published—

(i)    in at least one newspaper circulating in the area of the local education authority who maintain the school; and

(ii)    by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.

3

The new proposals shall contain—

(a)    the information contained in the original proposals, and

(b)    a statement as to why it is proposed that the original proposals should not be implemented.

4

Before publishing the new proposals the Council shall, having regard to any guidance issued by the National Assembly, consult such persons as they consider appropriate.

5

The Council shall send—

(a)    a copy of the published new proposals;

(b)    a copy of the information sent to the National Assembly under paragraph 21(1)(b) or 29(1)(b) of Schedule 7 and regulation 5 when the original proposals were published; and

(c)    the information referred to in regulation 5 which would have been applicable if the original proposals had been published at the time when the new proposals were published;

to the National Assembly.

6

Where the school the subject of the new proposals is a special school the Council shall send a copy of the published new proposals to the bodies or persons to whom a copy of the original proposals was sent under paragraphs 21(2) and 29(2) of Schedule 7 and regulation 6.

7

Any person may send objections to the new proposals to the National Assembly within one month after the date of publication of the proposals.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2002: see reg 1(1).

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

Under Schedule 7 to the Learning and Skills Act 2000 the National Council for Education and Training for Wales (“the Council”) may publish proposals for the alteration of a maintained school so that it no longer provides sixth form education, or for the discontinuance of a maintained school which is a 16–19 institution if, broadly speaking, two successive reports state that the sixth form is inadequate or that a 16–19 institution requires special measures or has significant weaknesses.

The Schedule lays down procedures for the exercise of these powers by the Council. In particular, the Council must publish proposals which require the approval of the National Assembly. The framework for these procedures is laid down in the Schedule, but much of the detail is to be prescribed in Regulations made by the National Assembly. These Regulations prescribe those details.

Regulation 2 defines terms used in the Regulations.

Regulation 3 with Schedule 1 prescribes the information which must be contained in published proposals.

Regulation 4 prescribes the manner in which proposals must be published.

Regulation 5 with Schedule 2 prescribes additional information which must be sent to the National Assembly with the published proposals.

Regulation 6 prescribes other bodies to whom a copy of the proposals must be sent in the case of special schools.

Regulation 7 provides for the time limits for objections to proposals.

Regulation 8 prescribes events which can be specified in the case of a conditional approval of proposals.

Regulation 9 requires the National Assembly to provide information about its decisions to the persons specified in that Regulation.

Regulation 10 with Schedule 3 makes provision for proposals by the Council that previous proposals which the National Assembly has approved should not be implemented.

Regulation 11 makes special provision for implementation of proposals where a school changes category from being a community or community special school.