The School Organisation Proposals by the National Council for Education and Training for Wales Regulations 2004

• Citation: S.I. 2004/1576 (W.)
• Sections: 92

Section 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 2004 and come into force on 1st August 2004.

(2) These Regulations apply to Wales.

Section 2 Interpretation

(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 —

provides full-time education suitable to the requirements of pupils over compulsory school age, and

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 brif ffrwd ”) means a maintained school other than a special school;

“maintained school” (“ ysgol a gynhelir ”) has the same meaning as in the 1998 Act;

“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” (“ grŵ p oedran perthnasol ”) has the meaning given to it by section 142(1) of the 1998 Act;

“relevant sixth form age group” (“ grŵ p chweched dosbarth perthnasol ”) means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school for sixth form education;

“sixth form education” (“ addysg chweched dosbarth ”) means full-time education at a school suitable to the requirements of pupils over compulsory school age but below the age of 19;

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

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

“the upper age limit” (“ terfyn uchaf oedran ”) of a school means the highest age of pupils for whom education is normally provided at the school.

(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 .

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

(a) the date on which the requirements of regulation 5 or 12 (as the case may be) are satisfied; or

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

(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.

Section 3 Alterations for which proposals may be made

(1) This regulation prescribes the descriptions of alterations to maintained schools for the purposes of section 113A(4)(b).

(2) The descriptions of alterations are —

(a) an enlargement of the premises of a 16 to 19 institution which would increase the capacity of the school by 25% or more;

(b) an enlargement of the premises of any other secondary school with a view to an increase by 25% or more in the number of pupils who will be provided with sixth form education at the school;

(c) an alteration of the upper age limit of the school so that —

(i) the school will provide sixth form education, or

(ii) the school will cease to provide sixth form education; or

(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).

Section 4 Consultation

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.

Section 5 Publication of proposals

(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 —

(a) by posting it in a conspicuous place in the area to be served by the school, where the school is to be a mainstream school, or in the area of the local education authority whom it is proposed should maintain the school, where the school is to be a special school; and

(b) in at least one newspaper circulating in that area.

(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 —

(a) by posting it in a conspicuous place in the area served by the school, where the school the subject of the proposals is a mainstream school, or in the area of the local education authority who maintain the school, where the school the subject of the proposals is a special school;

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

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

(4) The Council must send a copy of the notice to the following persons —

(a) the National Assembly;

(b) the governing body of any school the subject of the proposals (except where the proposals are to establish a new 16 to 19 institution);

(c) the local education authority who maintain, or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain, any school the subject of the proposals;

(d) any adjoining local education authority;

(e) the Diocesan Board of Education (or other body responsible for education) for any diocese of the Church in Wales and the Bishop of any Roman Catholic Church diocese, any part of which is comprised in the area of the local education authority who maintain the school or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain the proposed school;

(f) such other persons as the Council considers appropriate.

(5) Where the proposals relate to a special school the Council must send a copy of the notice to —

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

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

(c) any Local Health Board in whose area the school is situated; and

(d) 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.

(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.

Section 6 Objections to proposals

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.

Section 7 Submission of proposals etc. to the National Assembly

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 —

(a) copies of all objections received pursuant to regulation 6 (other than objections withdrawn in writing within the period mentioned in that regulation), together with its observations thereon; and

(b) the information specified in Part 2 of Schedule 3 to these Regulations, where the school is a mainstream school;

(c) the information specified in Part 3 of Schedule 3 to these Regulations where the school is a special school;

(d) the information specified in Part 4 of Schedule 3 to these Regulations, where the proposal is to discontinue a sixth form; or

(e) the information specified in Part 6 of Schedule 3 to these Regulations, where the proposals are to enlarge the premises of an existing sixth form or 16 to 19 institution or to provide additional sixth form education or to establish a new sixth form.

Section 8 Withdrawal of proposals

The Council may withdraw proposals at any time before they are determined under section 113A(4) by giving written notice to the National Assembly.

Section 9 Decision by the National Assembly

(1) The National Assembly must notify the following persons of each decision taken under section 113A —

(a) the Council;

(b) the local education authority who maintain the school or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain the proposed school;

(c) where the proposals relate to an existing 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 (except where the proposals are to establish a new 16 to 19 institution);

(e) the Diocesan Board of Education (or other body responsible for education) for any diocese of the Church in Wales and the Bishop of any Roman Catholic Church diocese, any part of which is comprised in the area of the local education authority who maintain the school or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain the proposed school; and

(f) subject to paragraph (2), each objector.

(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 —

(a) notifying the person (if any) who appears to the Assembly to have arranged for the petition to be sent to the Council (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.

(3) The National Assembly may only approve proposals with modifications if the Council has consented to the modifications.

Section 10 Implementation of proposals

(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 —

(a) the Council;

(b) the governing body of the school (or, in the case of a proposal to establish a new 16 to 19 institution, the temporary governing body within the meaning of the 1998 Act or 2002 Act);

(c) the local education authority who maintain, or whom it is proposed should maintain, the school; and

(d) 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.

Section 11 Information 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 2 to these Regulations.

Section 12 Manner 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 are to 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 are to 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.

Section 13 Information 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 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 —

(a) the information specified in Part 4 of that Schedule, where the proposals are to discontinue a sixth form; or

(b) the information specified in Part 5 of that Schedule, where the proposals are to discontinue a 16 to 19 institution.

Section 14 Bodies 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 must also send a copy of the published proposals.

(2) The Council must 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 Local Health Board in whose area the school is situated; 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.

Section 15 Objections 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 are to be sent to the National Assembly within one month after the date of publication of the proposals.

Section 16 Conditional 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 sub-paragraphs (b) and (c) 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.

Section 17 Provision of information by the National Assembly

(1) The National Assembly must 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 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 —

(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.

Section 18 Proposals published under paragraph 43(4) of Schedule 7

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).

Section 19 Change of category of school

Where, after proposals have been published under section 113A or 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 (to the extent that they have not been implemented) are to be implemented by the local education authority (notwithstanding paragraph 44 of Schedule 7 or paragraphs 3 or 4 of Schedule 7A).

Section 20 Consequential amendment

(1) The Education (Grants in respect of Voluntary Aided Schools) Regulations 1999 are hereby amended in relation to Wales as follows.

(2) In regulation 3(2)(c) after paragraph (ii) there shall be inserted the following paragraph —

(iii) any proposals for an alteration to a school published under section 113A of the Learning and Skills Act 2000 approved under subsection (5) of that section; or

Section 21 Revocation

The School Organisation Proposals by the National Council for Education and Training for Wales Regulations 2002 are hereby revoked.

Section 1

A statement that the proposals are published by the Council.

Section 2

Details of the relevant objective or objectives set out in section 113A which the proposals are intended to promote and details of how the proposals would promote the stated objective or objectives.

Section 3

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.

Section 4

Where the proposals are to establish a new 16 to 19 institution or to alter the upper age limit of the school so that the school will provide sixth form education —

(a) information on the number of students for whom sixth form education will be provided;

(b) the proposed upper age limit of the school; and

(c) the proposed arrangements for transport of pupils to the school.

Section 5

An analysis of the long-term impact of the proposals on the school to which the proposals relate.

Section 6

Where the proposals relate to a foundation or voluntary school with a religious character, details of the religion or religious denomination concerned.

Section 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.

Section 8

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

Section 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.

Section 10

Except where the proposals —

(a) are to discontinue a school;

(b) are to make an alteration to the upper age limit of the school so that the school will cease to provide sixth form education; or

(c) relate to a special school;

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.

Section 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.

Section 12

A statement that the proposal will require the approval of the National Assembly.

Section 13

A statement of the effect of regulation 6 including the address to which objections to the proposals should be sent.

Section 1

A statement that the proposals are published by the Council.

Section 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.

Section 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.

Section 4

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

Section 5

An analysis of the long-term impact of the proposals on the school to which the proposals relate.

Section 6

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.

Section 7

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.

Section 8

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.

Section 9

Where the proposals are to discontinue —

(a) a 16 to 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 to 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.

Section 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.

Section 11

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

Section 1

In this Schedule —

“the current school year” (“ y flwyddyn ysgol gyfredol ”) means the school year in which the proposals are published;

“ GCE ‘A’ level examinations” (“ arholiadau TAG Safon Uwch ”) and “GCE ‘AS’ examinations” (“ arholiadau TAG Uwch Gyfrannol ”) mean General Certificate of Education advanced level examinations and General Certificate of Education advanced supplementary examinations respectively;

“ GCSE ” (“ TGAU ”) means General Certificate of Secondary Education;

“ GNVQ ” (“ GNVQ ”) means General National Vocational Qualification;

“ NVQ ” (“ NVQ ”) means National Vocational Qualification;

“the relevant radius” (“ y radiws perthnasol ”) means a radius of 4.828032 kilometres (three miles); and

“relevant standard number” (“ rhif safonol perthnasol ”) has the meaning given to it by section 84(6) of the 1998 Act.

Section 2

The objectives of the proposal.

Section 3

Details of the consultation which took place before the proposals were published including —

(a) copies of the consultation documents; and

(b) the views and responses from the persons consulted.

Section 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.

Section 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;

(a) the relevant standard number for each relevant age group;

(b) the number of year groups;

(c) the capacity of the school; and

(d) the number of pupils at the school,

and a forecast of the matters specified in sub-paragraphs (b) to (d) for each of the subsequent five school years.