The Change of Category of Maintained Schools (Wales) (Amendment) Regulations 2005

• Citation: S.I. 2005/2916 (W.)
• Sections: 11

Section 1 Title, commencement, interpretation and application

(1) The title of these Regulations is the Change of Category of Maintained Schools (Wales) (Amendment) Regulations 2005 and they come into force on 31 October 2005.

(2) In these Regulations—

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

“the 2005 Regulations ” (“ Rheoliadau 2005 ”) means the Government of Maintained Schools (Wales) Regulations 2005 ;

“the Principal Regulations ” (“ y Prif Reoliadau ”) means the Change of Category of Maintained Schools (Wales) Regulations 2001 .

(3) These Regulations apply in relation to Wales.

Section 2 Amendment of the Principal Regulations

The Principal Regulations are amended as follows.

Section 3 Amendment of the Principal Regulations

In regulation 3(1)—

(a) before the definition of “the Act” insert the following definition—

“the 2005 Regulations” (“ Rheoliadau 2005 ”) means the Government of Maintained Schools (Wales) Regulations 2005;

(b) substitute for the definition of “modified Schedule 12 to the Act” the following definition—

“the modified 2005 Regulations” (“ y Rheoliadau 2005 addasedig ”) means the 2005 Regulations as they have effect with modifications by virtue of regulation 12 of and Schedule 3 to these Regulations;

Section 4 Amendment of the Principal Regulations

In regulation 10(1), substitute the words “the modified 2005 Regulations” for the words “modified Schedule 12 to the Act”.

Section 5 Amendment of the Principal Regulations

Substitute for regulation 11 the following—

(11) The new instrument of government must be made in accordance with, and conform to, the requirements of Part 5 of the modified 2005 Regulations.

Section 6 Amendment of the Principal Regulations

Substitute for regulation 12 the following—

(12) The 2005 Regulations apply to the new instrument of government referred to in regulation 11 with the modifications set out in Schedule 3.

Section 7 Amendment of the Principal Regulations

In regulation 13(1), substitute the words “the modified 2005 Regulations” for the words “modified Schedule 12 to the Act”.

Section 8 Amendment of the Principal Regulations

In regulation 15(4), substitute the words “sponsor governors” for the words “additional co-opted governors”.

Section 9 Amendment of the Principal Regulations

After regulation 15, insert the following—

(15A) For the purposes of regulations 14 and 15, where the local education authority has not made an instrument of government for the current governing body in accordance with the 2005 Regulations, the corresponding categories of governor are as follows—

Section 10 Amendment of the Principal Regulations

For Schedule 3 substitute the revised Schedule 3 set out in the Schedule to these Regulations.

Section 34

(1) This regulation applies in connection with the making of an instrument of government for a school changing its category in accordance with Schedule 8 to the 1998 Act.

(2) The governing body must prepare a draft of the new instrument of government and submit it to the local education authority.

(3) Where the school has foundation governors or it is proposed that the school should have foundation governors, the governing body must not submit the draft to the local education authority unless it has been approved by—

(a) the existing foundation governors;

(b) if there are no existing foundation governors, the persons whom it is proposed will be entitled to appoint foundation governors;

(c) any trustees of any trust relating to the school;

(d) in the case of a Church in Wales school or Roman Catholic Church school, the appropriate diocesan authority; and

(e) in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body.

(4) On receiving the draft the local education authority must consider whether it complies with all applicable statutory provisions, and

(a) it is content that the draft so complies, or

(b) there is agreement between it, the governing body and (if the school has foundation governors or it is proposed that the school should have foundation governors) the persons mentioned in paragraph (3) that the draft should be revised to any extent and the revised draft complies with all the applicable statutory provisions,

the instrument of government must be made by it in the form of the draft or (as the case may be) in the form of the revised draft.

(5) If, in the case of a school which has foundation governors or it is proposed should have foundation governors, at any time the persons listed in paragraph (3) disagree with the draft, any of those persons may refer it to the National Assembly for Wales which must give such direction as it thinks fit having regard, in particular, to the category of school to which it is proposed the school should belong.

(6) If neither of sub-paragraphs (a) and (b) of paragraph (4) applies in the case of a school which does not have foundation governors or it is not proposed should have foundation governors, the local education authority must—

(a) inform the governing body of the reasons why it is not content with the draft instrument of government, and

(b) give the governing body a reasonable opportunity to reach agreement with it on revising the draft;

and the instrument of government must be made by it either in the form of a revised draft agreed between it and the governing body or (in the absence of such agreement) in such form as it thinks fit having regard, in particular, to the category of school to which it is proposed the school should belong.

(7) When taking any decision as to the name of the school the governing body, the local education authority and (if the school has foundation governors or it is proposed should have foundation governors) the persons mentioned in paragraph (3), must have regard to any guidance given from time to time by the National Assembly for Wales.