Search Legislation

School Standards and Organisation (Wales) Act 2013

Status:

This is the original version (as it was originally enacted).

Establishment, alteration and discontinuance of maintained schools

40Restriction on establishment, alteration and discontinuance of maintained schools

(1)A new community school, voluntary school or community special school may be established in Wales only in accordance with this Part.

(2)No new foundation school or foundation special school may be established in Wales.

(3)A maintained school may be discontinued only in accordance with this Part.

(4)An alteration which is a regulated alteration in relation to the type of school in question may be made to a maintained school only in accordance with this Part.

(5)No alteration may be made to a maintained school that changes the religious character of the school or causes a school to acquire or lose a religious character.

(6)Subsection (3) has effect subject to section 16(5) (power of Welsh Ministers to direct closure of school).

(7)Schedule 2 (which describes regulated alterations) has effect.

41Proposals to establish mainstream schools

(1)A local authority may make proposals to establish—

(a)a new community school, or

(b)a new maintained nursery school.

(2)Any person may make proposals to establish a new voluntary school.

42Proposals to alter mainstream schools

(1)A local authority may make proposals—

(a)to make a regulated alteration to a community school;

(b)with the consent of the Welsh Ministers, to make an alteration described in paragraph 6 of Schedule 2 (opening or closing a school’s sixth form) to a voluntary or foundation school;

(c)to make an alteration described in paragraph 10, 11, 12 or 13 of Schedule 2 (increasing and reducing capacity) to a voluntary or foundation school if that school does not have a religious character;

(d)to make a regulated alteration to a maintained nursery school.

(2)The governing body of a foundation or voluntary school may make proposals to make a regulated alteration to the school.

43Proposals to discontinue mainstream schools

(1)A local authority may make proposals to discontinue—

(a)a community, foundation or voluntary school, or

(b)a maintained nursery school.

(2)The governing body of a foundation or voluntary school may make proposals to discontinue the school.

44Proposals to establish, alter or discontinue community special schools

A local authority may make proposals—

(a)to establish a new community special school,

(b)to make a regulated alteration to such a school, or

(c)to discontinue such a school.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources