The School Organisation (Miscellaneous Amendments) (Wales) Regulations 2011

• Citation: S.I. 2011/190 (W.)
• Sections: 9

Section 1 Title, commencement and application

(1) The title of these Regulations is the School Organisation (Miscellaneous Amendments) (Wales) Regulations 2011.

(2) These Regulations come into force on 1 March 2011.

(3) These Regulations apply in relation to Wales.

Section 2 Amendment of the Education (Schools Organisation Proposals) (Wales) Regulations 1999

The Education (School Organisation Proposals) (Wales) Regulations 1999 are amended as follows—

(a) in regulation 5—

(i) before sub-paragraph (a) of paragraph (2) insert—

(za) on a school day and not fewer than fifteen school days before the end of a school term;

(ii) before sub-paragraph (d) of paragraph (3) insert—

(zd) on a school day and not fewer than fifteen school days before the end of a school term;

(iii) before sub-paragraph (a) of paragraph (4) insert—

(za) on a school day and not fewer than fifteen school days before the end of a school term;

(iv) before sub-paragraph (a) of paragraph (5) insert—

(za) on a school day and not fewer than fifteen school days before the end of a school term;

(b) in regulation 7—

(i) in paragraph (2) for the words after “(as the case may be)”, substitute “within the period of one month after the date of publication of the proposals.”; and

(ii) in paragraph (3) for the words after “Schedule 6 to the Act within”, substitute “the period of two weeks after the end of the objection period.”;

(c) in Schedule 5 for the modification to paragraph 7 of Schedule 6 to the School Standards and Framework Act 1998 substitute—

That paragraph shall have effect as if—

in sub-paragraph (1) for “section 28, 29 or 31” there were substituted “paragraph 10(4)”;

in sub-paragraph (2)(a) for “such period as may be prescribed” there were substituted “one month after the date on which the proposals were published”;

in sub-paragraph (2)(b) for “such period as may be prescribed” there were substituted “two weeks after the end of the objection period”;

in sub-paragraph (3) for “such period as may be prescribed” there were substituted “one month after the date on which the proposals were published”

Section 3 Savings in relation to the Education (Schools Organisation Proposals) (Wales) Regulations 1999

(1) Paragraph (2) applies in relation to any proposal published—

(a) before the coming into force of these Regulations; and

(b) to which the Education (School Organisation Proposals) (Wales) Regulations 1999 apply.

(2) The Education (School Organisation Proposals) (Wales) Regulations 1999 continue to apply to that proposal as if the amendments made by these Regulations had not been made.

Section 4 Amendment of the Education (Maintained Special Schools) (Wales) Regulations 1999

(1) The Education (Maintained Special Schools) (Wales) Regulations 1999 are amended as follows—

(a) in regulation 5—

(i) for paragraph (2) substitute—

(2) Any proposals for the establishment of a school must be published—

(a) on a school day and not fewer than fifteen school days before the end of a school term; and

(b) in at least one newspaper circulating in the area proposed to be served by the school.

(ii) before sub-paragraph (a) of paragraph (3) insert—

(za) on a school day and not fewer than fifteen school days before the end of a school term;

(iii) before sub-paragraph (a) of paragraph (4) insert—

(za) on a school day and not fewer than fifteen school days before the end of a school term;

(iv) before sub-paragraph (a) of paragraph (5) insert—

(za) on a school day and not fewer than fifteen school days before the end of a school term;

(b) in regulation 8—

(i) in paragraph (2) for the words after “(as the case may be)”, substitute “within the period of one month after the date of publication of the proposals.”; and

(ii) in paragraph (3) for the words after “Schedule 6 to the Act within”, substitute “the period of two weeks after the end of the objection period.”; and

(c) in Schedule 4 for the modification to paragraph 7 of Schedule 6 to the School Standards and Framework Act 1998 substitute—

That paragraph shall have effect as if—

in sub-paragraph (1) for “section 28, 29 or 31” there were substituted “paragraph 10(4)”;

in sub-paragraph (2)(a) for “such period as may be prescribed” there were substituted “one month after the date on which the proposals were published”;

in sub-paragraph (2)(b) for “such period as may be prescribed” there were substituted “two weeks after the end of the objection period”;

in sub-paragraph (3) for “such period as may be prescribed” there were substituted “one month after the date on which the proposals were published”

Section 5 Savings in relation to the Education (Maintained Special Schools) (Wales) Regulations 1999

(1) Paragraph (2) applies in relation to any proposal published—

(a) before the coming into force of these Regulations; and

(b) to which the Education (Maintained Special Schools) (Wales) Regulations 1999 apply.

(2) The Education (Maintained Special Schools) (Wales) Regulations 1999 continue to apply to that proposal as if the amendments made by these Regulations had not been made.

Section 6 Amendment of the Change of Category of Maintained Schools (Wales) Regulations 2001

Schedule 1 to the Change of Category of Maintained Schools (Wales) Regulations 2001 is amended as follows—

(a) after “(b) be published” in the modified section 28(3) in Table 3 in Part 1 and the modified section 28(3) as set out in Part 2, insert “on a school day and not fewer than 15 school days before the end of a term.”; and

(b) for the words after “Wales” in the modified paragraph 7(3) of Schedule 6 in Table 3 in Part 1 and the modified paragraph 7(3) of Schedule 6 as set out in Part 2 substitute “within the period of one month after the date of publication of the proposals.”.

Section 7 Savings in relation to the Change of Category of Maintained Schools (Wales) Regulations 2001

(1) Paragraph (2) applies in relation to any proposal published—

(a) before the coming into force of these Regulations; and

(b) to which the Change of Category of Maintained Schools (Wales) Regulations 2001 apply.

(2) The Change of Category of Maintained Schools (Wales) Regulations 2001 continue to apply to that proposal as if the amendments made by these Regulations had not been made.

Section 8 Amendment of the School Organisation Proposals by the National Assembly for Wales Regulations 2004

The School Organisation Proposals by the National Assembly for Wales Regulations 2004 are amended as follows—

(a) in regulation 5—

(i) before sub-paragraph (a) of paragraph (2) insert—

(za) on a school day and not fewer than fifteen school days before the end of a school term;

(ii) before sub-paragraph (a) of paragraph (3) insert—

(za) on a school day and not fewer than fifteen school days before the end of a school term;

(b) in regulation 6 for “two months” substitute “one month”;

(c) in regulation 12—

(i) before sub-paragraph (a) of paragraph (2) insert—

(za) on a school day and not fewer than fifteen school days before the end of a school term;

(ii) before sub-paragraph (a) of paragraph (3) insert—

(za) on a school day and not fewer than fifteen school days before the end of a school term;

(d) in Schedule 4—

(i) before paragraph (i) of sub-paragraph (a) of paragraph 2 insert—

(zi) on a school day and not fewer than fifteen school days before the end of a school term;

(ii) before paragraph (i) of sub-paragraph (b) of paragraph 2 insert—

(zi) on a school day and not fewer than fifteen school days before the end of a school term;

Section 9 Savings in relation to the School Organisation Proposals by the National Assembly for Wales Regulations 2004

(1) Paragraph (2) applies in relation to any proposal published—

(a) before the coming into force of these Regulations; and

(b) to which the School Organisation Proposals by the National Assembly for Wales Regulations 2004 apply.

(2) The School Organisation Proposals by the National Assembly for Wales Regulations 2004 continue to apply to that proposal as if the amendments made by these Regulations had not been made.