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School Standards and Organisation (Wales) Act 2013

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 INTRODUCTION

    1. 1.Overview of this Act

  3. PART 2 STANDARDS

    1. CHAPTER 1 INTERVENTION IN CONDUCT OF MAINTAINED SCHOOLS

      1. Grounds for intervention

        1. 2.Grounds for intervention

      2. Intervention by a local authority

        1. 3.Warning notice

        2. 4.Power to intervene

        3. 5.Power to require governing body to secure advice or collaborate

        4. 6.Power to appoint additional governors

        5. 7.Power of local authority to constitute governing body of interim executive members

        6. 8.Power of local authority to suspend right to delegated budget

        7. 9.General power to give directions and take steps

      3. Intervention by the Welsh Ministers

        1. 10.Warning notice

        2. 11.Power of the Welsh Ministers to intervene

        3. 12.Power to require governing body to secure advice or collaborate

        4. 13.Power of Welsh Ministers to appoint additional governors

        5. 14.Power of Welsh Ministers to constitute governing body of interim executive members

        6. 15.Power of Welsh Ministers to direct federation of schools

        7. 16.Power of Welsh Ministers to direct closure of school

        8. 17.General power to give directions and take steps

      4. Supplementary

        1. 18.Governing bodies consisting of interim executive members

        2. 19.Directions

        3. 20.Guidance

    2. CHAPTER 2 INTERVENTION IN LOCAL AUTHORITIES

      1. Grounds for intervention

        1. 21.Grounds for intervention

      2. Warning notice

        1. 22.Warning notice

      3. Powers of intervention

        1. 23.Power of Welsh Ministers to intervene

        2. 24.Power to require local authority to obtain advisory services

        3. 25.Power to require performance of functions by other persons on behalf of authority

        4. 26.Power to require performance of functions by Welsh Ministers or nominee

        5. 27.Power to direct exercise of other education functions

        6. 28.General power to give directions and take steps

      4. Supplementary

        1. 29.Directions

        2. 30.Duty to co-operate

        3. 31.Powers of entry and inspection

    3. CHAPTER 3 SCHOOL IMPROVEMENT GUIDANCE

      1. 32.Meaning of “school authority”

      2. 33.Power to issue school improvement guidance

      3. 34.Consultation and National Assembly for Wales procedures

      4. 35.Duty to follow school improvement guidance

      5. 36.Policy statements: requirements and ancillary powers

      6. 37.Directions

  4. PART 3 SCHOOL ORGANISATION

    1. CHAPTER 1 SCHOOL ORGANISATION CODE

      1. 38.School Organisation Code

      2. 39.Making and approval of School Organisation Code

    2. CHAPTER 2 SCHOOL ORGANISATION PROPOSALS

      1. Establishment, alteration and discontinuance of maintained schools

        1. 40.Restriction on establishment, alteration and discontinuance of maintained schools

        2. 41.Proposals to establish mainstream schools

        3. 42.Proposals to alter mainstream schools

        4. 43.Proposals to discontinue mainstream schools

        5. 44.Proposals to establish, alter or discontinue community special schools

      2. Changes of category

        1. 45.Proposals to change a school’s category

        2. 46.Restrictions on changing category of school

        3. 47.Effect of change of category

      3. Publication, consultation and objections

        1. 48.Publication and consultation

        2. 49.Objections

      4. Approval and determination of proposals

        1. 50.Approval by Welsh Ministers

        2. 51.Approval by local authority

        3. 52.Related proposals

        4. 53.Determination

        5. 54.Referral to the Welsh Ministers

        6. 55.Implementation

        7. 56.Interpretation of Chapter 2

    3. CHAPTER 3 RATIONALISATION OF SCHOOL PLACES

      1. Directions to make proposals for rationalisation of school places

        1. 57.Directions to make proposals to remedy excessive or insufficient provision

        2. 58.Further provision about proposals made after a direction under section 57(2)

      2. Proposals by Welsh Ministers to rationalise school places

        1. 59.Making and publication of proposals by Welsh Ministers

      3. Procedure for dealing with proposals under section 59

        1. 60.Objections

        2. 61.Local inquiry into proposals

        3. 62.Adoption of proposals

        4. 63.Implementation of proposals

    4. CHAPTER 4 REGIONAL PROVISION FOR SPECIAL EDUCATIONAL NEEDS

      1. 64.Meaning of “regional provision” and “special education functions”

      2. 65.Direction to consider making regional provision

      3. 66.Directions to make proposals to secure regional provision

      4. 67.Further provision about proposals made after a direction under section 66

      5. 68.Proposals by Welsh Ministers

      6. 69.Objections

      7. 70.Adoption of proposals

    5. CHAPTER 5 PROPOSALS FOR RESTRUCTURING SIXTH FORM EDUCATION

      1. Making and determining proposals

        1. 71.Welsh Ministers’ powers to restructure sixth form education

        2. 72.Consultation, publication and objections

        3. 73.Determination by Welsh Ministers

      2. Implementation of proposals for restructuring sixth form education

        1. 74.Form of implementation

        2. 75.Responsibility for implementation

        3. 76.Further provision as to implementation

      3. Supplementary

        1. 77.Consequential amendments to inspection reports on sixth form education

    6. CHAPTER 6 MISCELLANEOUS AND SUPPLEMENTAL

      1. 78.Federated schools

      2. 79.Prohibition on local authorities establishing schools in England

      3. 80.Notice by governing body to discontinue foundation or voluntary school

      4. 81.Direction requiring discontinuance of community special school

      5. 82.Transitional exemption orders for purposes of Equality Act 2010

      6. 83.Interpretation of Part 3

  5. PART 4 WELSH IN EDUCATION STRATEGIC PLANS

    1. 84.Preparation of Welsh in education strategic plans

    2. 85.Approval, publication and implementation of Welsh in education strategic plans

    3. 86.Assessing demand for Welsh medium education

    4. 87.Regulations and guidance

  6. PART 5 MISCELLANEOUS SCHOOLS FUNCTIONS

    1. Free breakfasts in primary schools

      1. 88.Duty to provide free breakfasts for pupils in primary schools

      2. 89.Transitional provision

      3. 90.Interpretation of sections 88 and 89

    2. Power to charge for meals

      1. 91.Amendment to power to charge for school meals etc

    3. School-based counselling

      1. 92.Independent counselling services for school pupils and other children

      2. 93.Information about independent counselling services

    4. Parents’ meetings

      1. 94.Duty of governing body of maintained schools to hold meetings following petition by parents

      2. 95.Repeal of duty to hold annual parents’ meeting

    5. Code of practice on local authority school relations

      1. 96.Repeal of provision for code of practice for local authority school relations

  7. PART 6 GENERAL

    1. 97.Orders and regulations

    2. 98.General interpretation and index of defined expressions

    3. 99.Minor and consequential amendments

    4. 100.Commencement

    5. 101.Short title and inclusion as one of the Education Acts

    1. SCHEDULE 1

      GOVERNING BODIES CONSISTING OF INTERIM EXECUTIVE MEMBERS

      1. 1.Interpretation of Schedule

      2. 2.Governing body to consist of members appointed by appropriate authority

      3. 3.Effect of notice under section 7 or 14

      4. 4.Number of interim executive members

      5. 5.Terms of appointment of interim executive members

      6. 6.Duty of appropriate authority to inform other persons

      7. 7.Power to specify duration of interim period

      8. 8.Chair

      9. 9.Remuneration and allowances

      10. 10.Duty of interim executive board

      11. 11.Proceedings of interim executive board

      12. 12.Effect on suspension of delegated budget

      13. 13.Exclusion of certain statutory provisions

      14. 14.Closure of school

      15. 15.Notice of resumption of government by normally constituted governing body

      16. 16.Time when interim executive members cease to hold office

      17. 17.Establishment of normally constituted governing body

    2. SCHEDULE 2

      REGULATED ALTERATIONS

      1. PART 1 ALL MAINTAINED SCHOOLS

        1. 1.Paragraphs 2 and 3 describe regulated alterations in relation to...

        2. 2.Site transfers

        3. 3.Mixed sex and single-sex schools

      2. PART 2 ALL MAINTAINED SCHOOLS OTHER THAN MAINTAINED NURSERY SCHOOLS

        1. 4.Paragraphs 5 to 8 describe regulated alterations in relation to...

        2. 5.Age range

        3. 6.Sixth form provision

        4. 7.Language medium – primary education

        5. 8.Language medium - secondary education

      3. PART 3 COMMUNITY, FOUNDATION AND VOLUNTARY SCHOOLS

        1. 9.Paragraphs 10 to 17 describe regulated alterations in relation to...

        2. 10.Alterations to premises

        3. 11.(1) An enlargement of the premises of the school which...

        4. 12.The making permanent of a temporary enlargement which at the...

        5. 13.An alteration of the premises of the school which would...

        6. 14.For the purposes of paragraphs 10 to 13—

        7. 15.Special educational needs

        8. 16.Admission arrangements

        9. 17.Boarding provision

      4. PART 4 SPECIAL SCHOOLS

        1. 18.Paragraphs 19 to 21 describe regulated alterations in relation to...

        2. 19.Increase in pupils

        3. 20.Boarding provision

        4. 21.Special educational needs provision

      5. PART 5 MAINTAINED NURSERY SCHOOLS

        1. 22.Paragraphs 23 to 25 describe regulated alterations in relation to...

        2. 23.Teaching space

        3. 24.Special educational needs

        4. 25.Language medium

      6. PART 6 SUPPLEMENTARY

        1. 26.Power to amend

    3. SCHEDULE 3

      IMPLEMENTATION OF STATUTORY PROPOSALS

      1. PART 1 RESPONSIBILITY FOR IMPLEMENTATION

        1. 1.Interpretation

        2. 2.Proposals relating to community or maintained nursery schools

        3. 3.Proposals relating to foundation or voluntary controlled schools

        4. 4.Proposals relating to voluntary aided schools

        5. 5.Proposals relating to community special schools

        6. 6.Change of category

      2. PART 2 PROVISION OF PREMISES AND OTHER ASSISTANCE

        1. 7.Provision of site and buildings for foundation or voluntary controlled school

        2. 8.Grants in respect of certain expenditure relating to existing or proposed voluntary aided school

        3. 9.Assistance in respect of maintenance and other obligations relating to voluntary aided school

        4. 10.Assistance in respect of new voluntary aided school

        5. 11.Duty to transfer interest in premises provided under paragraph 9 or 10

      3. PART 3 TRANSITIONAL EXEMPTION ORDERS FOR PURPOSES OF THE EQUALITY ACT 2010

        1. 12.Single-sex schools

    4. SCHEDULE 4

      IMPLEMENTATION OF PROPOSALS TO CHANGE CATEGORY OF SCHOOL

      1. PART 1 INTRODUCTORY

        1. 1.Interpretation

        2. 2.Implementation

      2. PART 2 TRANSFER OF STAFF

        1. 3.Change to voluntary aided school

        2. 4.Change to community or voluntary controlled school

        3. 5.Change to voluntary aided school with a religious character

      3. PART 3 TRANSFER OF LAND

        1. 6.Effect of transfers

        2. 7.Any reference in this Part of this Schedule, in relation...

        3. 8.Transfers of land under this Schedule do not affect the...

        4. 9.In its application to transfers under this Schedule, Schedule 10...

        5. 10.Change from community school to voluntary aided school

        6. 11.(1) Sub-paragraph (2) applies where— (a) proposals for a community...

        7. 12.Change from community school to voluntary controlled school

        8. 13.(1) Sub-paragraph (2) applies where— (a) proposals for a community...

        9. 14.Change from foundation school to community school

        10. 15.(1) Sub-paragraphs (2) and (3) apply where proposals for a...

        11. 16.Change from foundation school to voluntary aided or voluntary controlled school

        12. 17.(1) Sub-paragraph (2) applies where— (a) proposals for a foundation...

        13. 18.(1) Sub-paragraph (2) applies where— (a) proposals for a foundation...

        14. 19.Change from voluntary aided school to community school

        15. 20.(1) Sub-paragraphs (2) and (3) apply where proposals for a...

        16. 21.Change from voluntary aided or voluntary controlled school to voluntary controlled or voluntary aided school

        17. 22.(1) Sub-paragraph (2) applies where— (a) proposals for a voluntary...

        18. 23.Change from foundation, voluntary aided or voluntary controlled school to voluntary controlled or voluntary aided school

        19. 24.Change from voluntary controlled school to community school

        20. 25.(1) Sub-paragraphs (2) and (3) apply where proposals for a...

        21. 26.Outstanding transfers

        22. 27.Transfer of right to use land

        23. 28.(1) Sub-paragraph (2) applies if— (a) paragraph 14, 15, 19,...

        24. 29.(1) Sub-paragraph (2) applies if— (a) paragraph 14, 15, 19,...

        25. 30.Exclusions from transfer

        26. 31.(1) Sub-paragraph (2) applies if before the implementation date in...

        27. 32.(1) Sub-paragraph (2) applies if in the absence of agreement...

        28. 33.(1) An agreement under paragraph 31 may provide for the...

        29. 34.In paragraphs 31 and 32— “the prospective transferee” (“y trosglwyddai...

        30. 35.Restrictions on disposal or use of land

        31. 36.(1) While the procedure for becoming a school of another...

        32. 37.(1) While the procedure for becoming a school of another...

      4. PART 4 SUPPLEMENTAL

        1. 38.School government

        2. 39.Transitional provisions - admissions

    5. SCHEDULE 5

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. PART 1 AMENDMENTS RELATING TO PART 2 (STANDARDS)

        1. 1.Education Reform Act 1988

        2. 2.Education Act 1996

        3. 3.Teaching and Higher Education Act 1998

        4. 4.School Standards and Framework Act 1998

        5. 5.Local Government Act 2000

        6. 6.Education Act 2002

        7. 7.Children Act 2004

        8. 8.Education Act 2005

        9. 9.Education and Inspections Act 2006

        10. 10.Childcare Act 2006

        11. 11.Equality Act 2010

        12. 12.Apprenticeships, Skills, Children and Learning Act 2009

        13. 13.Education (Wales) Measure 2011

      2. PART 2 AMENDMENTS RELATING TO PART 3 (SCHOOL ORGANISATION)

        1. 14.Education Reform Act 1988

        2. 15.Diocesan Boards of Education Measure 1991

        3. 16.Further and Higher Education Act 1992

        4. 17.Education Act 1996

        5. 18.Education Act 1997

        6. 19.School Standards and Framework Act 1998

        7. 20.Learning and Skills Act 2000

        8. 21.Education Act 2002

        9. 22.Education Act 2005

        10. 23.Education and Inspections Act 2006

        11. 24.National Health Service (Wales) Act 2006

        12. 25.Learner Travel (Wales) Measure 2008

        13. 26.Learning and Skills (Wales) Measure 2009

        14. 27.Healthy Eating in Schools (Wales) Measure 2009

        15. 28.Equality Act 2010

        16. 29.Education (Wales) Measure 2011

        17. 30.Welsh Language (Wales) Measure 2011

      3. PART 3 AMENDMENTS RELATING TO PART 5 (MISCELLANEOUS SCHOOLS DUTIES)

        1. 31.Education Act 1996 and orders made under it

        2. 32.Education Act 2002

        3. 33.Education Act 2005

        4. 34.Education and Inspections Act 2006

        5. 35.Healthy Eating in Schools (Wales) Measure 2009

        6. 36.Education Act 2011

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