(1) These Regulations are called the Change of Category of Maintained Schools (Wales) Regulations 2001 and shall come into force on 1st September 2001.
(2) They apply to Wales.
資料由法律人 LawPlayer整理提供·UK legislation / curated by LawPlayer from legislation.gov.uk
(1) These Regulations are called the Change of Category of Maintained Schools (Wales) Regulations 2001 and shall come into force on 1st September 2001.
(2) They apply to Wales.
(1) Subject to paragraph (2) the Education (Change of Category of Maintained Schools) (Wales) Regulations 1999 are revoked.
(2) Schedule 6 to the Act as applied, with modifications, by those Regulations shall continue to apply in relation to any proposals published, in accordance with that Schedule as so applied with modifications, before the date of coming into force of these Regulations.
(1) In these Regulations, unless the context otherwise requires:
“the Act” (“ y Ddeddf ”) means the School Standards and Framework Act 1998 ;
“foundation body” (“ corff sefydledig ”) has the meaning given to it by section 21(4)(a) of the Act;
“the governing body” (“ y corff llywodraethu ”) means the governing body of the school in respect of which a change of category is proposed or, as the case may be, takes place;
“group” (“ grŵ p ”) has the meaning given to it by section 21(4)(b) of the Act;
“the implementation date” (“ y dyddiad gweithredu ”) means the date specified in the proposals as the date on which it is proposed that the change of category should take place;
“the implementation period” (“ y cyfnod gweithredu ”) means the period commencing on the date proposals are approved under paragraph 8 of modified Schedule 6 to the Act, and ending on the implementation date;
“modified Schedule 6 to the Act” (“ Atodlen 6 addasedig i'r Ddeddf ”) means that Schedule as it has effect with modifications by virtue of regulation 7 of and Part I of Schedule 1 to these Regulations;
“modified Schedule 12 to the Act” (“ Atodlen 12 addasedig i'r Ddeddf ”) means that Schedule as it has effect with modifications by virtue of regulation 12 of and Part VI of Schedule 3 to these Regulations;
“the National Assembly” (“ y Cynulliad Cenedlaethol ”) means the National Assembly for Wales;
“the proposals” (“ y cynigion ”) means the proposals published under paragraph 2 or 3 of Schedule 8 to the Act with any modifications made by the National Assembly under paragraph 8 or 10 of modified Schedule 6 to the Act;
“publicly funded land” (“ tir a ariennir yn gyhoeddus ”) means land which was acquired—
from a local authority under a transfer under section 201(1)(a) of the Education Act 1996 ;
wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act);
wholly by means of any grant paid under regulation 3 of the Education (Schedule 32 to the School Standards and Framework Act 1998) (Wales) Regulations 1999 ;
wholly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature;
under a transfer under Schedule 4; or
wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (e);
“transfer agreement” (“ cytundeb trosglwyddo ”) means an agreement—
made between the local education authority and the trustees or the foundation body or the governing body of the school (as the case may be), and
providing for land to be transferred to, and vest in, the local education authority on the implementation date (whether or not in consideration of payment by the authority).
(2) Unless the context otherwise requires, a reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, these Regulations so numbered and a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
A failure by a local education authority or a governing body to discharge any duty within a time limit prescribed by these Regulations shall not relieve the authority or the governing body of that duty.
(1) A school may not change category to become a voluntary aided school unless the governing body of the school satisfy the National Assembly that the governing body (as the governing body of a voluntary aided school) will be able to carry out their obligations under Schedule 3 to the Act for a period of at least five years following the implementation date.
(2) A foundation, voluntary aided or voluntary controlled school may not become a community school and a foundation special school may not become a community special school unless any transfer agreement and transfer of rights and liabilities agreement required by Schedule 4 has been entered into.
(3) A school’s change of category under these Regulations shall not be taken as authorising a school to establish, join or leave a foundation body.
(1) Regulations 7 to 18 shall apply in relation to proposals under paragraph 2 or (as the case may be) 3 of Schedule 8 to the Act of the kind mentioned in paragraph (2).
(2) Those proposals are proposals—
(a) by a local education authority that a community school should change category to become a foundation school or that a community special school should change category to become a foundation special school;
(b) by a governing body that a community, foundation, voluntary aided or voluntary controlled school should change category to become a school within another of those categories (including, in the case of a voluntary aided school, proposals which the governing body are required to publish by virtue of paragraph 3 of Schedule 8 to the Act);
(c) by a governing body that a community special school should change category to become a foundation special school or vice versa.
(1) Part I of Schedule 1 has effect for applying with modifications provisions of section 28 of, and Part II of Schedule 6 to, the Act in relation to proposals such as are mentioned in regulation 6.
(2) The provisions of section 28 of, and Part II of Schedule 6 to, the Act so applied are set out in Part II of Schedule 1 as so modified; and with references to the National Assembly (in whom the functions of the Secretary of State are now vested) substituted for references to the Secretary of State.
On the implementation date the school shall change category in accordance with the proposals.
Schedule 2 has effect in relation to the transfer of staff.
(1) The governing body and the local education authority shall secure that by the end of the implementation period a new instrument of government is made for the school in accordance with modified Schedule 12 to the Act.
(2) The new instrument of government shall take effect from the date of making for the purpose of reconstituting the governing body but shall not affect the constitution of the governing body conducting the school pending the implementation date.
(3) For all other purposes, the new instrument of government shall take effect from the implementation date.
(1) The new instrument of government for a school changing its category shall be made in the form set out in the relevant Part of Schedule 3.
(2) It shall be a sufficient compliance with paragraph (1) if the instrument of government is in a form substantially to the like effect to the form set out in the relevant Part of Schedule 3.
Schedule 12 to the Act in its application to new instruments of government as mentioned in regulation 11 shall have effect with the substitution for sub-paragraphs (2) to (6) of paragraph 3 of that Schedule of the sub-paragraphs set out in Part VI of Schedule 3.
(1) The current governing body and the local education authority shall secure that, as soon as reasonably practicable after the commencement of the implementation period (and in any event within a period of three months beginning on the implementation date), the governing body are reconstituted in accordance with the new instrument of government and modified Schedule 12 to the Act.
(2) The current governing body shall exercise their functions under the Act and these Regulations in a manner calculated to enable the local education authority to fulfil their duties under paragraph (1).
(1) Paragraph (2) applies to any member of a current governing body in respect of which a new instrument of government has been made under these Regulations.
(2) Subject to regulation 15, a governor to whom this paragraph applies shall continue from the implementation date (or the making of the new instrument of government if later) as a governor of the corresponding category required by the new instrument of government (where a corresponding category exists).
(3) A member of a current governing body who continues as a governor under paragraph (2) shall hold office for the remainder of the term for which he or she was originally appointed or elected.
(4) The proceedings of the governing body shall not be invalidated by the school having more governors of a particular category than are provided for by the new instrument of government, pending the removal of surplus governors under regulation 15.
(1) Where—
(a) on or after the implementation date a school has more governors of a particular category than are required as governors of that category by the new instrument of government, and
(b) the excess is not eliminated by resignations,
such number of that category as is required to eliminate the excess shall cease to hold office in accordance with paragraphs (2) and (3).
(2) The governors who are to cease to hold office shall be determined on the basis of seniority, the governor whose current period of continuous service (whether as a governor of one or more than one category) is the shortest being the first to cease to hold office.
(3) Where it is necessary for the purposes of paragraph (2) to select one or more governors from a group of equal seniority, it shall be done by drawing lots.
(4) For the purposes of this regulation, additional co-opted governors nominated by a particular category of person shall be treated as if they constituted a separate category of governor.
(5) Any procedure set out in the new instrument of government for the removal of excess foundation governors shall not apply to the reconstitution of the governing body under these Regulations.
Schedule 4 has effect in relation to land.
Where a community or voluntary controlled school changes category to become a voluntary aided, or foundation school anything done before the implementation date by the local education authority as admission authority under any provision in Chapter 1 of Part III of the Act (admission arrangements) shall, from the implementation date, have effect as if done by the governing body.
Where a foundation or voluntary aided school changes category to become a community or voluntary controlled school anything done before the implementation date by the governing body as admission authority under any provision in Chapter 1 of Part III of the Act (admission arrangements) shall, from the implementation date, have effect as if done by the local education authority.
Any period of consultation which takes place before the coming into force of these Regulations shall be counted for the purpose of determining whether the duty under section 28(5) of the Act, as it has effect with modifications by virtue of regulation 7 of and Part I of Schedule 1 to these Regulations, has been complied with.
The subsections of section 28 of, and the paragraphs in Part II of Schedule 6 to, the Act referred to in column 1 of Tables 1 to 3 below shall have effect in relation to proposals such as are mentioned in regulation 6 with the modifications specified in this Schedule in relation to those provisions .
The provisions of the Act specified in column 1 of Table 1 below shall have effect as if for the words referred to in column 2 of that table (wherever they occur) there were substituted the words in column 3 of that table.
The provisions of the Act specified in column 1 of Table 2 below shall have effect as if the words or the provision referred to in column 2 of that table were omitted.
Tabl/Table 2
The provisions of the Act referred to in column 1 of Table 3 below shall have effect as if there were substituted for that provision the provision or provisions referred to in column 2 of that table.
(3) Proposals under paragraph 2 or 3 of Schedule 8 shall—
(a) contain the following information—
(i) the name of the relevant body publishing the proposals,
(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 stating the current category and the proposed new category,
(v) the rationale of the proposal,
(vi) a statement identifying the admission authority for the school after the change of category has taken place and drawing attention to any proposed change in that admission authority,
(vii) if the new category of school is a voluntary school, a statement that it is proposed that the school will—
(a) have (or continue to have) a foundation established otherwise than under this Act, or
(b) belong (or continue to belong) to a group of schools for which a foundation body acts, as the case may be,
(viii) if the new category of school is a foundation school, a statement that the school will —
(a) have (or continue to have) a foundation established otherwise than under this Act, or
(b) belong (or continue to belong) to a group of schools for which a foundation body acts, or
(c) be a foundation school not falling within either of sub-paragraphs
(viii) (a) or (b) above;
(ix) if the new category of school is a foundation special school, a statement that it is proposed that the school will have a foundation established otherwise than under this Act;
(x) if it is proposed that the school will have (or continue to have) a foundation other than by belonging to a group of schools for which a foundation body acts, the identity of that foundation;
(xi) if it is proposed that the school will belong (or continue to belong) to a group of schools for which a foundation body acts or will act, the identity of that body and the identity of the other schools in the group for which the foundation body performs or will perform the functions set out in section 21(4); and
(xii) if at the time the proposal is published section 15 applies to the school, a statement that that section applies by virtue of subsection (1), (4) or (6) of that section, as the case may be; and
(b) 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 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.
(7) Where any proposals are published under paragraph 2 or 3 of Schedule 8, the relevant body shall send to the National Assembly for Wales—
(a) a copy of the published proposals;
(b) evidence of consultation before the proposals were published including—
(i) copies of the consultation documents, and
(ii) the views and responses from the persons consulted;
(c) a map showing the location of the school and all other maintained 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 (i)), the previous school year—
(i) the lower and upper age limits of the pupils attending the school,
(ii) the capacity of the school or in the case of a special school the number of pupils for whom the school is organised to make provision, and
(iii) the number of pupils at the school,
and a forecast of the matters specified in sub-paragraphs (ii) and (iii) for each of the subsequent five years;
(e) a list of all the maintained 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) in the case of a special school—
(i) details of the special educational needs of pupils for whom the school is organised to make provision,
(ii) details of the information referred to in sub-paragraph (i) in respect of each community special or foundation special school within the radius of the school mentioned in paragraph (c), and
(iii) details of all local education authorities which maintain statements of special educational needs for pupils at the school;
(g) a breakdown of any costs involved in the change of category;
(h) information about whether the school is a day or boarding school or a school taking both day and boarding pupils;
(i) a statement as to whether the school has been inspected under section 10 of the School Inspections Act 1996 ( b ) during the period starting three years before the date of the publication 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) if the school is a voluntary or foundation school with a religious character, a statement as to whether the school has been inspected under section 23 of the School Inspections Act 1996 during the period starting three years before the date of publication of the proposals and, where the school has been so inspected during that period, the date of the inspection and details of the outcome of the inspection;
(k) if the proposal is that a school should become a voluntary aided school—
(i) an estimate of the probable expenses of the school for the five years commencing on the implementation date for which the governing body will be liable under Schedule 3; and
(ii) a statement that the governing body for a period of at least five years commencing on the implementation date will be willing and able to carry out their obligations under Schedule 3 (upon the assumption that they will receive a grant under paragraph 5 of Schedule 3 of 85 per cent of qualifying expenditure);
(l) details of the exercise in relation to the school of any power granted to the local education authority or to the National Assembly for Wales under Chapter IV of Part I during the period starting three years before the date of the publication of the proposals;
(m) details of the exercise, in relation to the governing body, of any power granted to the local education authority or to the National Assembly for Wales under Schedule 15, during the period starting three years before the date of publication of the proposals;
(n) 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;
(o) details of any trusts on which the school premises are held or it is proposed will be held;
(p) particulars of the body or authority to whom, on the date on which it is proposed that the school should change category, it is proposed that land or other property should be transferred in accordance with regulations.
(8) Schedule 6 has effect in relation to the procedure for dealing with proposals under paragraph 2 or 3 of Schedule 8.
(10) In this section 'the relevant body' means, in the case of proposals published by a local education authority, the authority, or, in the case of proposals published by a governing body, the governing body.
(11) In this Part ‘area’ (without more) means a local education authority area.
(3) Any objections under this paragraph shall be sent to the National Assembly for Wales—
(a) within two months after the date of publication of the proposals, except where paragraph (b) of this sub paragraph applies; and
(b) within one month after the date of publication of the proposals, where the proposals are in respect of a school to which section 15 applies.
(1) Proposals published under paragraph 2 or 3 of Schedule 8 require approval under this paragraph.
(3) Any approval given under this paragraph may be expressed to take effect only if—
(a) a scheme relating to any charity connected with the school is made by a date specified in the approval,
(b) the National Assembly for Wales gives notice under regulation 6(1) of the Education (Foundation Body) (Wales) Regulations 2001 (that a foundation body shall become operative and that a school shall form part of a group for which the foundation body shall act) by a date specified in the approval,
(c) the National Assembly for Wales makes a declaration under regulation 21(3) of those Regulations (that the school shall form part of a group for which a foundation body acts) by a date specified in the approval,
(d) the National Assembly for Wales makes a declaration under regulation 22(1) of those Regulations (that the school shall leave a group for which a foundation body acts) by a date specified in the approval.
(5) Sub-paragraph (1) does not prevent the governing body or local education authority by whom any proposals have been published under paragraph 2 of Schedule 8 from withdrawing such proposals by notice in writing given to the National Assembly for Wales at any time before the proposals are approved under this paragraph.
(6) Sub-paragraph (1) does not prevent the governing body by whom proposals have been published under paragraph 3 of Schedule 8 from withdrawing such proposals with the consent (in writing) of the National Assembly for Wales at any time before the proposals are approved under this paragraph.
(1) Where any proposals published under paragraph 2 or 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) In the case of proposals published by the governing body at the request of the governing body or in the case of proposals published by the local education authority at the request of the local education authority, the National Assembly for Wales—
(a) may modify the proposals after consulting—
(i) in the case of proposals published by the local education authority, the governing body,
(ii) in the case of proposals published by the governing body, the local education authority; and
(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 event in question must occur.
This Part of this Schedule applies to proposals published under paragraph 2 or 3 of Schedule 8, which relate to a school in Wales.
(1) Any person may make objections to any proposals published under paragraph 2 or 3 of Schedule 8.
(3) Any objections under this paragraph shall be sent to the National Assembly for Wales—
(a) within two months after the date of publication of the proposals, except where paragraph (b) of this sub-paragraph applies; and
(b) within one month after the date of publication of the proposals, where the proposals are in respect of a school to which section 15 applies.
(1) Proposals published under paragraph 2 or 3 of Schedule 8 require approval under this paragraph.
(2) Where any proposals require approval under this paragraph, the National Assembly for Wales may—
(a) reject the proposals,
(b) approve them without modification, or
(c) approve them with such modifications as it thinks desirable after consulting the local education authority and the governing body.
(3) Any approval given under this paragraph may be expressed to take effect only if—
(a) a scheme relating to any charity connected with the school is made by a date specified in the approval,
(b) the National Assembly for Wales gives notice under regulation 6(1) of the Education (Foundation Body) (Wales) Regulations 2001 (that a foundation body shall become operative and that a school shall form part of a group for which the foundation body shall act) by a date specified in the approval,
(c) the National Assembly for Wales makes a declaration under regulation 21(3) of those Regulations (that the school shall form part of a group for which a foundation body acts) by a date specified in the approval,
(d) the National Assembly for Wales makes a declaration under regulation 22(1) of those Regulations (that the school shall leave a group for which a foundation body acts) 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) Sub-paragraph (1) does not prevent the governing body or local education authority by whom any proposals have been published under paragraph 2 of Schedule 8 from withdrawing such proposals by notice in writing given to the National Assembly for Wales at any time before the proposals are approved under this paragraph.
(6) Sub-paragraph (1) does not prevent the governing body by whom proposals have been published under paragraph 3 of Schedule 8 from withdrawing such proposals with the consent (in writing) of the National Assembly for Wales at any time before the proposals are approved under this paragraph.
(1) Where any proposals published under paragraph 2 or 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) In the case of proposals published by the governing body at the request of the governing body or in the case of proposals published by the local education authority at the request of the local education authority, the National Assembly for Wales—
(a) may modify the proposals after consulting—
(i) in the case of proposals published by the local education authority, the governing body,
(ii) in the case of proposals published by the governing body, the local education authority; and
(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 event in question must occur.
(3) If the National Assembly for Wales is satisfied—
(a) that implementation of the proposals would be unreasonably difficult; or
(b) that circumstances have so altered since approval was given under paragraph 8 that implementation of the proposals would be inappropriate,
it may determine that sub-paragraph (1) shall cease to apply to the proposals.
(5) Where—
(a) any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, and
(b) the event specified under that sub-paragraph does not occur by the date in question (whether as specified under that sub-paragraph or as specified under sub-paragraph (2)(b) above),
sub-paragraph (1) above shall cease to apply to the proposals.
(6) Where, by virtue of sub-paragraph (3) or (5), sub-paragraph (1) ceases to apply to any proposals, those proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 8.
(1) Where—
(a) a community or voluntary controlled school changes category to become a foundation or voluntary aided school; or
(b) a community special school changes category to become a foundation special school,
the contract of employment between a person to whom this paragraph applies and the local education authority shall have effect from the implementation date as if originally made between that person and the governing body.
Without prejudice to paragraph 1—
(a) all the local education authority’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this paragraph be transferred to the governing body on the implementation date; and
(b) anything done before that date by or in relation to the local education authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the governing body.
Subject to paragraph 4, paragraph 1 shall apply to any person who immediately before the implementation date is employed by the local education authority to work solely at the school in question.
Paragraph 1 shall not apply to—
(a) any person whose contract of employment terminates on the day immediately preceding the implementation date; or
(b) any person employed by the local education authority to work at the school solely in connection with the provision of meals.
A person who before the implementation date has been appointed by the local education authority to work at the school as from the implementation date or a date thereafter shall be treated for the purposes of paragraph 3 as if that person had been employed by the local education authority immediately before the implementation date to do such work at the school as he or she would have been required to do on or after that date under his or her contract of employment with the local education authority.
Paragraphs 1 and 2 are without prejudice to any right of an employee to terminate the contract if a substantial change is made to the employee’s detriment in his or her working conditions, but no such right shall arise by reason only of the change in employer effected by these Regulations.
(1) Where—
(a) a foundation or voluntary aided school changes category to become a community or voluntary controlled school; or
(b) a foundation special school changes category to become a community special school,
the contract of employment between a person to whom this paragraph applies and the governing body shall have effect from the implementation date as if originally made between that person and the local education authority.
Without prejudice to paragraph 7—
(a) all the governing body’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this paragraph be transferred to the local education authority on the implementation date; and
(b) anything done before that date by or in relation to the governing body in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the local education authority.
Subject to paragraph 10, paragraph 7 shall apply to any person who immediately before the implementation date is employed by the governing body to work at the school in question.
Paragraph 7 shall not apply to any person whose contract of employment terminates on the day immediately preceding the implementation date.
A person who before the implementation date has been appointed by the governing body to work at the school as from the implementation date or a date thereafter shall be treated for the purposes of paragraph 9 as if that person had been employed by the governing body immediately before the implementation date to do such work at the school as he or she would have been required to do on or after that date under his or her contract of employment with the governing body.
Paragraphs 7 and 8 are without prejudice to any right of an employee to terminate the contract if a substantial change is made to the employee’s detriment in his or her working conditions, but no such right shall arise by reason only of the change in employer effected by these Regulations.
(1) This paragraph applies where a voluntary controlled school or a foundation school with a religious character changes category to become a voluntary aided school with a religious character.
(2) Where immediately before the implementation date a teacher at a voluntary controlled or foundation school enjoyed, by virtue of section 60(2) of the Act, rights not conferred on him or her on or after the implementation date by section 60 as a teacher at a voluntary aided school, he or she shall continue to enjoy those rights until he or she ceases to be employed as a teacher at the voluntary aided school.
The name of the school is
The name of the school is
The name of the school is
The name of the school is
The name of the school is
The category to which the school belongs is
The school is a voluntary aided school.
The school is a voluntary controlled school.
The school is a community school.
The school is a community special school.
The Change of Category of Maintained Schools (Wales) Regulations 2001 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2001-2678
Contains public sector information licensed under the Open Government Licence v3.0.
本頁資料來源:legislation.gov.uk (The National Archives)·整理提供:法律人 LawPlayer· lawplayer.com