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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> Statutory Instrument 1999 No. 2633 (W.7) URL: http://www.bailii.org/wales/legis/num_reg/1999/992633e.html |
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Made | 23rd August 1999 | ||
Coming into force | 1st September 1999 |
(2) Expressions used in these Regulations set out in the first column of the table below have the meaning given by, or (as the case may be) are to be interpreted in accordance with, the provisions referred to in the second column of that table -
"Education Action Forum" ("Fforwm Gweithredu Addysg") | section 11(2) of the Act[5] |
"education action zone" ("parth gweithredu addysg") | section 10(1) of the Act; |
"instrument of government" ("offeryn llywodraethu") | section 37(1) of the Act; |
"sponsor" ("noddwr") | paragraph 1 of Schedule 1 to the main school government regulations |
(6) Paragraphs (4) and (5) are without prejudice to any right of an employee to terminate his contract if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this regulation.
Instrument of government and reconstitution of governing body
8.
- (1) The governing body and the local education authority shall secure that, as soon as reasonably practicable after the implementation date (and in any event within three months after the implementation date) -
(2) The instrument of government shall be made in the form and in accordance with the directions set out in Schedule 3.
(3) It shall be a sufficient compliance with paragraph (2) if the instrument of government is in a form substantially to the like effect to the form set out in Schedule 3.
(4) A failure by the governing body or local education authority to discharge the duty in paragraph (1) within the time limit prescribed in that paragraph shall not relieve the governing body or the local education authority of that duty.
Transitional provisions
9.
- (1) Anything done by the governing body as admission authority before the implementation date under any provision in Chapter I of Part III of the Act (admission arrangements) shall from the implementation date have effect as if done by the local education authority.
(2) If on the implementation date proposals published by the governing body under section 28, 29 or 31 of the Act fall to be implemented under paragraph 10 of Schedule 6 to the Act they shall be implemented by the local education authority.
Signed on behalf of the Assembly under section 66(1) of the Government of Wales Act 1998[7]
Jane Davidson
The Deputy Presiding Officer of the Assembly
23rd August 1999
colofn/column 1 | colofn/column 2 | colofn/column 3 |
adran/section 28(5) | "under this section" | "under paragraph 3 of Schedule 8" |
adran/section 28(5) | "the relevant body or promoters" | "the governing body" |
adran/section 28(5) | "the relevant body or promoters" | "the governing body" |
Atodlen/Schedule 6 paragraff/paragraph 6 | "section 28, 29 or 31" | "paragraph 3 of Schedule 8" |
Atodlen/Schedule 6 paragraff/paragraph 7 | "section 28,29 or 31" | "paragraph 3 of Schedule 8" |
Atodlen/Schedule 6 paragraff/paragraph 8(2)(c) | "such persons or bodies as may be prescribed" | "the local education authority and the governing body" |
colofn/column 1 | colofn/column 2 |
adran/section 28(11) | is-baragraff/sub-paragraph (a) |
Atodlen/Schedule 6 paragraff/paragraph 6 | "or proposed school" |
Atodlen/Schedule 6 paragraff/paragraph 7 | is-baragraff/sub-paragraph (2) |
Atodlen/Schedule 6 paragraff/paragraph 8(4) | "or (in the case of a new school) is proposed to be" |
Atodlen/Schedule 6 paragraff/paragraph 10 | is-baragraffau/sub-paragraphs (3) to (6) |
colofn/column 1 | colofn/column 2 |
adran/section 28(3) |
"
(3) Proposals under paragraph 3 of Schedule 8 shall -
(ii) the date on which it is proposed that the change of category should take place, (iii) a statement explaining the effect of paragraph 7 of Schedule 6 including the date by which objections should be sent to the National Assembly for Wales, (iv) a statement that it is proposed to change the category of the school from voluntary aided to voluntary controlled, (v) a statement that after the change of category has taken place, the local education authority will be the admission authority for the school; and
(b) shall be published -
(ii) in at least one newspaper circulating in the area served by the school, 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." |
adran/section 28(7) |
"
(7) Where any proposals published under paragraph 3 of Schedule 8 relate to a school in Wales, the governing body shall send -
(b) the information specified in subsection (7A), to the National Assembly for Wales.
(7A) The information referred to in subsection (7) is -
(b) evidence of consultation before the proposals were published including -
(ii) the views and responses from the persons consulted;
(c) a map showing the location of the school and all other community, voluntary and foundation schools within a radius of 3.218688 kilometres (2 miles), where the school is a primary school or 4.828032 kilometres (3 miles) where the school is a secondary school;
(ii) the number of year groups, (iii) the capacity of the school, and (iv) the number of pupils at the school;
and a forecast of the matters specified in sub-paragraphs (ii) to (iv) for each of the subsequent five years;
(ii) whether the school occupies a single or split site, (iii) how accessible the accommodation is, (iv) details of the general and specialist accommodation (both teaching and non-teaching), and (v) (where relevant) details of accommodation for nursery education;
(g) a breakdown of any costs involved in the change of category; |
Atodlen/Schedule 6 paragraff/paragraph 7(3) |
"
(3) Any objections under this paragraph shall be sent to the National Assembly for Wales -
(b) within one month after the date of publication of the proposals, where the school is one to which section 15 applies." |
Atodlen/Schedule 6 paragraff/paragraph 8(1) |
"
(1) Proposals published under paragraph 3 of Schedule 8 require approval under this paragraph." |
Atodlen/Schedule 6 paragraff/paragraph 8(3) |
"
(3) An approval given under this paragraph may be expressed to take effect only if a scheme relating to any charity connected with the school is made by a date specified in the approval." |
Atodlen/Schedule 6paragraff/paragraph 8(5) |
"
(5) Proposals published under paragraph 3 of Schedule 8 may only be withdrawn with the consent in writing of the National Assembly for Wales." |
Atodlen/Schedule 6 paragraff/paragraph 10(1) |
"
(1) Where any proposals published under paragraph 3 of Schedule 8 have been approved under paragraph 8 then (subject to the following provisions of this paragraph) the proposals shall be implemented in the form in which they were so approved in accordance with regulations made under paragraph 5 of Schedule 8." |
Atodlen/Schedule 6 paragraff/paragraph 10(2) |
"
(2) At the request of the governing body or the local education authority, the National Assembly for Wales -
(b) where any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the scheme in question must be made." |
(b) shall be published -
(5) Before publishing any proposals under paragraph 3 of Schedule 8, the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the governing body shall have regard to any guidance given from time to time by the National Assembly for Wales.
(7) Where any proposals published under paragraph 3 of Schedule 8 relate to a school in Wales, the governing body shall send -
to the National Assembly for Wales.
(7A) The information referred to in subsection (7) is -
(c) a map showing the location of the school and all other community, voluntary and foundation schools within a radius of 3.218688 kilometres (2 miles), where the school is a primary school or 4.828032 kilometres (3 miles) where the school is a secondary school;
(d) the following information relating to the school for the school year in which the proposals were published and (except for the information specified in sub-paragraph (iv)), the previous school year -
and a forecast of the matters specified in sub-paragraphs (ii) to (iv) for each of the subsequent five years;
(e) a list of all the schools within the radius of the school mentioned in paragraph (c) above stating which schools are maintained by different local education authorities together with the information referred to in paragraph (d) in respect of each such school;
(f) the following information relating to the accommodation at the school -
(g) a breakdown of any costs involved in the change of category;
(h) details of the policy of the school relating to the education of pupils with special educational needs;
(i) a statement as to whether the school has been inspected under section 10 of the School Inspections Act 1996 during the period starting three years before the date of the notice of the proposals and, where the school has been inspected during that period, the date of the inspection and details of the outcome of the inspection;
(j) details of the tenure (freehold or leasehold) on which the site of the school is held and, if the premises are held on a lease, details of the lease; and
(k) details of the trusts on which the site of the school is held.
(11) In this part -
8.
- (1) Proposals published under paragraph 3 of Schedule 8 require approval under this paragraph.
(2) Where any proposals require approval under this paragraph, the National Assembly for Wales may -
(3) Any approval given under this paragraph may be expressed to take effect only if a scheme relating to any charity connected with the school is made by a date specified in the approval.
(4) When deciding whether or not to give any approval under this paragraph the National Assembly for Wales shall have regard to the school organisation plan for the area in which the school is situated.
(5) Proposals published under paragraph 3 of Schedule 8 may only be withdrawn with the consent of the National Assembly for Wales.
10.
- (1) Where any proposals published under paragraph 3 of Schedule 8 have been approved under paragraph 8 then (subject to the following provisions of this paragraph) the proposals shall be implemented in the form in which they were so approved in accordance with regulations made under paragraph 5 of Schedule 8.
(2) At the request of the governing body or the local education authority, the National Assembly for Wales.
(d) one staff governor;)
(e) x foundation governors;
(f) x co-opted governors (including any governors referred to in paragraph 6, 7 or 8 below);
(g) the head teacher, (except at any time when he has given written notice to the clerk to the governing body of the school that he chooses not to be a governor).
5. Total number of governors
6.
One co-opted governor will be a governor for whose appointment nominations are to be sought from the minor authority or (as the case may be) from one or more of the minor authorities in relation to the school.)
7.
x co-opted governor[s] will be [a] governor[s] for whose appointment nominations are to be sought from the sponsor or from amongst the sponsors of the school.)
8.
One co-opted governor will be a governor for whose appointment nominations are to be sought from the Education Action Forum for the education action zone in relation to which the school is a participating school.)
9.
Set out the name of any foundation body or persons entitled to appoint foundation governors. If there is more than one such person, set out the basis on which the appointments are made.
10.
-
name of office
11.
Repeat 10(a) and (b) as necessary where there is more than one ex officio foundation governorship.
Set out procedure for eliminating any excess in the number of foundation governors.
12.
Where the school is a voluntary school with a religious character, describe the ethos of the school.
13.
This instrument comes into effect on the date of making.
14.
This instrument was made by order of
[2] The functions of the Secretary of State under the provisions under which these regulations are made were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
[3] The functions of the Secretary of State under the provisions under which these regulations are made were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
[5] Sections 10-13 of the Act do not apply in relation to Wales unless an Order made by the Assembly provides otherwise -See section 10(8). At the date of the making of these Regulations no such Order had been made.back
[6] Part II of the Education (School Government) (Wales) Regulations 1999 makes provision regarding contents of instrument of government, appointments and elections of governors, and the removal of surplus governors, other than surplus foundation governors. Provision for the removal of surplus foundation governors is in paragraph 11 of the pro-forma instrument of government set out in Schedule 2 to those Regulations.back