Made | 22 June 2004 | ||
Coming into force | 1 August 2004 |
1. | Name, commencement and application. |
2. | Interpretation. |
3. | Alterations for which proposals may be made. |
4. | Consultation. |
5. | Publication of proposals. |
6. | Objections to proposals. |
7. | Submission of proposals etc. to the National Assembly. |
8. | Withdrawal of proposals. |
9. | Decision by the National Assembly. |
10. | Implementation of proposals. |
11. | Information to be contained in published proposals. |
12. | Manner of publication of proposals. |
13. | Information to be sent to the National Assembly. |
14. | Bodies to whom a copy of the published proposals must be sent - special schools. |
15. | Objections to proposals. |
16. | Conditional approvals. |
17. | Provision of information by the National Assembly. |
18. | Proposals published under paragraph 43(4) of Schedule 7. |
19. | Change of category of school. |
20. | Consequential amendment. |
21. | Revocation. |
Schedule 1 - | Information to be contained in proposals published under section 113A. |
Schedule 2 - | Information to be contained in proposals published under Schedule 7. |
Schedule 3 - | Information to be sent to the National Assembly in connection with proposals published under section 113A or Schedule 7. |
Part 1 - | Interpretation. |
Part 2 - | Information to be sent in connection with proposals under section 113A or Schedule 7 where the school is a mainstream school. |
Part 3 - | Information to be sent in connection with proposals under section 113A or Schedule 7 where the school is a special school. |
Part 5 - | Additional information to be sent where the proposals are made under Schedule 7 to discontinue a 16 to 19 institution. |
Schedule 4 - | Proposals under paragraph 43(4) of Schedule 7. |
(2) Any reference to section 113A, Schedule 7 or Schedule 7A is a reference to section 113A of, or Schedule 7 or Schedule 7A to, the 2000 Act as appropriate.
(3) For the purposes of these Regulations the capacity of a school is to be determined in accordance with Schedule 1 to the Education (School Organisation Proposals) (Wales) Regulations 1999[6].
(4) For the purposes of these Regulations the date of publication of proposals is -
(5) Part 1 of Schedule 3 applies for the purpose of the interpretation of the terms contained in Parts 2 to 6 of that Schedule.
(d) an alteration of the upper age limit of the school (being an age limit over compulsory school age) by a year or more (not falling within sub-paragraph (c) above).
Consultation
4.
Before making proposals under section 113A the Council must consult such persons as it considers appropriate, setting out the considerations that have led to the proposals and the supporting evidence.
Publication of proposals
5.
- (1) The Council must publish a notice of any proposals it makes under section 113A in the manner specified in paragraphs (2) and (3) below, and any such notice must contain the information specified in Schedule 1.
(2) Where the proposals are to establish a new 16 to 19 institution the Council is to publish the notice -
(3) Where the proposals are to make an alteration to a maintained school or to discontinue a 16 to 19 institution the Council is to publish the notice -
(4) The Council must send a copy of the notice to the following persons -
(5) Where the proposals relate to a special school the Council must send a copy of the notice to -
(6) Where the proposals relate to a proposed special school the Council must send a copy of the notice to the bodies referred to in sub-paragraphs (c) and (d) of paragraph (5).
(7) In this regulation "parent" has the same meaning as in section 576 of the Education Act 1996.
Objections to proposals
6.
Any person may send written objections to proposals made under section 113A to the Council within two months after the date of publication of the proposals.
Submission of proposals etc. to the National Assembly
7.
Within one month after the end of the period within which objections may be made under regulation 6 the Council must send to the National Assembly -
Withdrawal of proposals
8.
The Council may withdraw proposals at any time before they are determined under section 113A(4) by giving written notice to the National Assembly.
Decision by the National Assembly
9.
- (1) The National Assembly must notify the following persons of each decision taken under section 113A -
(2) 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 the requirement in paragraph (1) by -
(3) The National Assembly may only approve proposals with modifications if the Council has consented to the modifications.
Implementation of proposals
10.
- (1) The Council is prescribed for the purposes of paragraph 1(3) of Schedule 7A (which provides that at the request of persons prescribed, the National Assembly may modify proposals or specify a later date by which an event must occur).
(2) For the purposes of paragraphs 1(3) and (4) of Schedule 7A (which provides that after consulting prescribed persons the National Assembly may modify proposals which have been approved, specify a later date by which an event must occur, or determine that paragraph 1(2) of Schedule 7A should not apply) the following persons are prescribed -
(3) Where the school is a special school, such proposals are to be published -
Information to be sent to the National Assembly
13.
- (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 is to send to the National Assembly the information specified in Part 2 of Schedule 3 to these Regulations, where the school is a mainstream school, or Part 3 of that Schedule, where the school is a special school, together with -
Bodies to whom a copy of the published proposals must be sent - special schools
14.
- (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 must also send a copy of the published proposals.
(2) The Council must send a copy of the published proposals to -
Objections to proposals
15.
- (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 are to be sent to the National Assembly within one month after the date of publication of the proposals.
Conditional approvals
16.
- (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 -
Provision of information by the National Assembly
17.
- (1) The National Assembly must notify the following persons of each decision taken under paragraph 42(1) or 43(2) of Schedule 7 -
(2) Where, pursuant to paragraph (1), the National Assembly notifies the persons referred to in that paragraph of a decision it must 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 -
Proposals published under paragraph 43(4) of Schedule 7
18.
Schedule 4 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).
Revocation
21.
The School Organisation Proposals by the National Council for Education and Training for Wales Regulations 2002[10] are hereby revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[11].
D. Elis-Thomas
The Presiding Officer of the National Assembly
22 June 2004
5.
An analysis of the long-term impact of the proposals on the school to which the proposals relate.
6.
Where the proposals relate to a foundation or voluntary school with a religious character, details of the religion or religious denomination concerned.
7.
Where the proposals have the effect that any provision for sixth form education is to be discontinued, 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.
8.
The proposed arrangements for transport of such pupils to other schools or further education colleges.
9.
Details of any other measures proposed to be taken to increase the number of school or further education college places available in consequence of a proposed discontinuance of provisions.
10.
Except where the proposals -
the number of pupils to be admitted to the school (or, as the case may be, to the new school) in each relevant sixth form 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 so admitted in the first school year in which each stage has been implemented.
11.
Where the proposals are to make an alteration to a foundation or voluntary controlled school, a statement as to whether the proposals are to be implemented by the local education authority or the governing body and, if the proposals are to be implemented by both, a statement as to the extent to which they are to be implemented by each body.
12.
A statement that the proposal will require the approval of the National Assembly.
13.
A statement of the effect of regulation 6 including the address to which objections to the proposals should be sent.
9.
Where the proposals are to discontinue -
10.
A statement explaining the effect of paragraph 41 of Schedule 7 and regulation 15, including the date by which objections must be sent to the National Assembly.
11.
The address of the National Assembly, to which objections must be sent.
4.
A map showing the location of the school the subject of the proposals and all other community, voluntary and foundation schools within the relevant radius of the school.
5.
A list of all secondary schools within the relevant radius of the 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;
and a forecast of the matters specified in sub-paragraphs (b) to (d) for each of the subsequent five school years.
6.
Where the proposal involves an alteration to existing sixth form education, the following details of the sixth form education currently provided at the school -
7.
Details of any impact of the proposals on the school in relation to the provision of education through the medium of the Welsh language.
8.
Where the proposals are made under Schedule 7, copies of the reports of the two inspections under Part I of the School Inspections Act 1996[12] as a result of which Parts II and III of Schedule 7 apply in relation to the school.
9.
Where the proposals are to discontinue provision which is recognised by the local education authority as reserved for children with special educational needs -
10.
Where the proposals are to establish a provision which is recognised by the local education authority as reserved for children with special educational needs -
13.
A map showing the location of the school the subject of the proposals.
14.
A list of all -
in the area of the local education authority who maintain the school.
15.
Information as to -
in the current school year together with a forecast of that number in each of the subsequent five school years.
16.
Information as to the numbers of pupils over compulsory school age with special educational needs of each type for whom the local education authority maintain a statement of special educational needs in the current school year together with a forecast of such numbers for each of the subsequent five school years.
17.
Details of any impact of the proposals on the school in relation to the provision of education through the medium of the Welsh language.
18.
Where the proposals are made under Schedule 7, copies of the reports of the two inspections under Part I of the School Inspections Act 1996 as a result of which Parts II and III of Schedule 7 apply in relation to the school.
and a forecast of those numbers for each of the subsequent five school years, on the assumption that the proposals are approved.
20.
Where the school is a special school, the following information relating to the school for the current school year and the preceding four school years -
and a forecast of those numbers for each of the subsequent five school years on the assumption that the proposals are approved.
21.
Where the proposals relate to a voluntary school, 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 -
if such information has been made available to the Council.
22.
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.
23.
Details of the number of pupils over compulsory school age in each age group 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 paragraph 22.
24.
Details of the institutions to which the pupils referred to in paragraph 23 transferred indicating how many pupils went to each such institution.
25.
The number of pupils referred to in paragraphs 22 and 23 in each year group as a proportion of the total number of pupils in that year group.
26.
Details of the schools or further education colleges to which it is proposed that pupils currently receiving sixth form education may transfer if the proposals are approved, including an assessment of the quality of those institutions and any transitional arrangements which will apply.
27.
Where the school is a mainstream school, details of the following examination results for the two school years before the current school year at the school which is the subject of the proposals and at each maintained school, city technology college, city college for the technology of the arts and further education college named in accordance with paragraph 24 -
28.
The number of places available at those institutions named in accordance with paragraphs 24 and 26 which are schools.
29.
Details of the distance, measured by the nearest available route, between the school and all of the institutions named in accordance with paragraph 24 together with details as to the availability of public transport to the institutions named in accordance with paragraph 26 (where such information is not already contained in any proposed arrangements for transport contained in published proposals pursuant to paragraph 7 of Schedule 1 or paragraph 4 of Schedule 2).
30.
A development plan for the school setting out the long-term effect of the proposals.
31.
Details of any recurrent costs following implementation of the proposals and any savings in expenditure as a result of implementation of the proposals.
33.
Where the school is a special school, the following information relating to the school for the current school year and the preceding four school years -
34.
The following information relating to the accommodation at the school -
35.
Details of schools and further education colleges which pupils who might otherwise have attended the school may, in the opinion of the Council, reasonably be expected to be able to attend after ceasing to be of compulsory school age if the proposals are approved, including an assessment of the quality of those institutions and any transitional arrangements which will apply.
36.
Where the school is a mainstream school, details of the examination results referred to in sub-paragraphs (a) to (c) of paragraph 27 for the two school years before the current school year at the school which is the subject of the proposals and at each maintained school, city technology college, city college for the technology of the arts and further education college named in accordance with paragraph 35.
37.
The number of places available at institutions named in accordance with paragraph 35 which are schools.
38.
Details of the distance, measured by the nearest available route between the school and all the institutions specified in paragraph 35 together with details as to the availability of public transport to those institutions (where such information is not already contained in any proposed arrangements for transport contained in published proposals pursuant to paragraph 4 of Schedule 2).
40.
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, the following information -
(f) a development plan for 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 -
2.
The new proposals shall -
(b) where the school is a special school be published -
3.
The new proposals shall contain -
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 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 14.
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.
Under Schedule 7 to the 2000 Act the Council may, in specified circumstances, publish proposals for the alteration of a maintained school so that it no longer provides sixth form education, or for the discontinuance of a sixth form maintained school.
The 2000 Act 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 2000 Act, but much of the detail is to be prescribed in Regulations made by the National Assembly. These Regulations prescribe those details and, in the case of the provisions made in Part 3 (with respect to Schedule 7 to the 2000 Act), replace (with some changes) provisions contained in the School Organisation proposals by the National Council for Education and Training for Wales Regulations 2002.
Part 1 of the Regulations contains preliminary provisions.
Regulation 2 defines terms used in the Regulations.
Part 2 of the Regulations makes provision with respect to proposals under section 113A.
Regulation 3 prescribes the descriptions of alterations to maintained schools for which proposals may be made.
Regulation 4 provides for the consultation process by the Council before making a proposal.
Regulation 5 with Schedule 1 prescribes the information to be contained in a proposal and the requirements to publish the proposals and notify the persons specified in that regulation.
Regulation 6 provides for objections to proposals.
Regulation 7 - with parts 2, 3, 4 and 6 of Schedule 3 makes provision for the Council to submit proposals together with objections and with prescribed additional information to the National Assembly.
Regulation 8 provides that the Council may withdraw proposals before they are determined.
Regulation 9 requires the National Assembly to provide information about its decisions to the persons specified in that regulation.
Regulation 10 prescribes the Council as the person who may request the National Assembly to modify proposals and prescribes the persons who the National Assembly must consult before determining that the requirement to implement the proposals shall cease to apply.
Part 3 of the Regulations makes provision with respect to proposals under Schedule 7.
Regulation 11 with Schedule 2 prescribes the information which must be contained in published proposals.
Regulation 12 prescribes the manner in which proposals must be published.
Regulation 13 with parts 2 to 5 of Schedule 3 prescribes additional information which must be sent to the National Assembly with the published proposals.
Regulation 14 prescribes other bodies to whom a copy of the proposals must be sent in the case of special schools.
Regulation 15 provides for the time limits for objections to proposals.
Regulation 16 prescribes events which can be specified in the case of a conditional approval of proposals.
Regulation 17 requires the National Assembly to provide information about its decisions to the persons specified in that regulation.
Regulation 18 with Schedule 4 makes provision for proposals by the Council that previous proposals which the National Assembly has approved should not be implemented.
Part 4 of the Regulations contains supplementary provisions.
Regulation 19 makes special provision for implementation of proposals where a school changes category from being a community or community special school.
Regulation 20 makes a consequential amendment and regulation 21 repeals the earlier Regulations.
[2] See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
[3] 2000 c.21; section 113A and Schedule 7A were inserted by section 72 of and Schedule 9 to the Education Act 2002. Schedule 7 was amended by paragraphs 11 and 15 of Schedule 10 to the Education Act 2002.back
[8] S.I. 1997/319; amended by S.I. 1998/371.back
[9] S.I. 1999/2020 to which there are amendments not relevant to these Regulations.back
[10] S.I. 2002/432 (W.55).back