38School Organisation Code

(1)The Welsh Ministers must issue, and may from time to time revise, a code on school organisation (“the Code”).

(2)The Code is to contain provision about the exercise of the functions of the following persons under this Part—

(a)the Welsh Ministers;

(b)local authorities;

(c)governing bodies of maintained schools;

(d)other persons in connection with proposals made (or to be made) by them under this Part.

(3)The Code may impose requirements, and may include guidelines setting out aims, objectives and other matters.

(4)The persons referred to in subsection (2) must, when exercising functions under this Part—

(a)act in accordance with any relevant requirements contained in the Code, and

(b)have regard to any relevant guidelines contained in it.

(5)The duty imposed by subsection (4) also applies to a person exercising a function for the purpose of the discharge of functions under this Part by—

(a)the Welsh Ministers,

(b)a local authority,

(c)the governing body of a maintained school, or

(d)other persons in connection with proposals made (or to be made) by them under this Part.

(6)The Welsh Ministers must publish the Code for the time being in force on their website.

(7)The Welsh Ministers may make separate provision (by means of separate codes) in relation to different functions under this Part of the persons mentioned in subsection (2).

(8)References in this section to “the Code” or to functions under this Part have effect, in relation to a separate code, as references to that code or to functions under this Part to which it relates.

39Making and approval of School Organisation Code

(1)Before issuing or revising a code under section 38, the Welsh Ministers must consult the following persons on a draft of the code (or revised code)—

(a)each local authority,

(b)the governing body of each maintained school,

(c)Her Majesty’s Chief Inspector of Education and Training in Wales, and

(d)any other person the Welsh Ministers consider appropriate.

(2)If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales.

(3)If, before the end of the 40 day period, the National Assembly resolves not to approve the draft of the code, the Welsh Ministers must not issue the proposed code in the form of that draft.

(4)If no such resolution is made before the end of that period—

(a)the Welsh Ministers must issue the code (or revised code) in the form of the draft, and

(b)the code (or revised code) comes into force on the date appointed by order of the Welsh Ministers.

(5)The 40 day period—

(a)begins on the day on which the draft is laid before the National Assembly for Wales, and

(b)does not include any time during which the National Assembly for Wales is dissolved or is in recess for more than four days.

(6)Subsection (3) does not prevent a new draft of a proposed code from being laid before the National Assembly.

(7)References in this section to a proposed code include a proposed revised code.

(8)The requirement to consult imposed by subsection (1) may be satisfied by consultation undertaken before the coming into force of this Part even though the code issued under section 38(1) takes account (to any extent) of any provision made by this Part.