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School Standards and Organisation (Wales) Act 2013

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This is the original version (as it was originally enacted).

Procedure for dealing with proposals under section 59

60Objections

(1)Any person may object to proposals published under section 59.

(2)Objections must be sent in writing to the Welsh Ministers before the end of 28 days beginning with the day on which the proposals were published.

61Local inquiry into proposals

(1)This section applies where the Welsh Ministers have made proposals under section 59 (other than proposals made by virtue of section 62(1)) which they have not withdrawn.

(2)If objections have been made in accordance with section 60(2), then, unless all objections so made have been withdrawn in writing within the 28 days referred to in that section, the Welsh Ministers must cause a local inquiry to be held.

(3)The purpose of the local inquiry is to consider the Welsh Ministers’ proposals, any other proposals the Welsh Ministers refer to the inquiry and the objections mentioned in subsection (2).

(4)Proposals referred to a local inquiry under this section are to be determined under section 62, and sections 50, 51, 53, 54, 70 and 73 do not apply to them.

(5)Where a local inquiry is required to be held, the Welsh Ministers must refer the proposals listed in subsection (6) to the inquiry if the proposals—

(a)have not been determined before the proceedings on the inquiry begin, and

(b)appear to the Welsh Ministers to be related to the proposals made under section 59 in respect of which the inquiry is to be held.

(6)The proposals to be referred are—

(a)any other proposals published under section 59 in relation to the area of the local authority (and not withdrawn);

(b)any proposals made by that authority in the exercise of their powers to make proposals to establish, alter or discontinue schools (and not withdrawn);

(c)any proposals made by the governing body of a foundation or voluntary school in the area in the exercise of its powers to make proposals to alter its school (and not withdrawn);

(d)any proposals made under section 68 or 71 (and not withdrawn).

(7)If, before the proceedings on the inquiry begin, the Welsh Ministers form the opinion that any proposals should be implemented, subsection (5) does not require them to refer those proposals to the inquiry unless they form a different opinion before—

(a)the proceedings on the inquiry are concluded, or

(b)(if earlier) the proposals are determined.

(8)It is not open to the inquiry to question the principles specified in the direction under section 57(2).

(9)References in this section to the determination of proposals are to—

(a)a determination whether or not to adopt or approve the proposals under section 50, 51, 62, 70 or 73;

(b)a determination whether or not to implement the proposals under section 53;

(c)a determination whether or not to approve proposals referred to the Welsh Ministers under section 54.

62Adoption of proposals

(1)Where a local inquiry has been held, the Welsh Ministers may, after considering the report of the person appointed to hold the inquiry, do one or more of the following—

(a)adopt, with or without modifications, or determine not to adopt any of the proposals made by the Welsh Ministers (including proposals made by them referred under section 61(5)) and considered by the inquiry;

(b)approve, with or without modifications, or reject any other proposals which were referred to the inquiry under section 61(5);

(c)make further proposals under section 59.

(2)If the Welsh Ministers make further proposals under section 59 in accordance with subsection (1)(c), the requirement in section 61(2) to cause a local inquiry to be held does not apply.

(3)Where the Welsh Ministers have published proposals under section 59 which are not required to be considered by a local inquiry, they may, after considering any objections made in accordance with section 60(2) (and not withdrawn)—

(a)adopt the proposals with or without modifications, or

(b)determine not to adopt the proposals.

(4)The adoption or approval of proposals may be expressed to take effect only if an event specified in the adoption or approval occurs by a date so specified.

63Implementation of proposals

(1)Proposals adopted or approved by the Welsh Ministers under section 62 have effect as if they had been approved by the Welsh Ministers under section 50 after having been made—

(a)by the local authority under its powers to make proposals to establish, alter or discontinue schools, or

(b)in the case of proposals to alter a foundation or voluntary school, by the governing body under its powers to make proposals to alter its school.

(2)Despite anything in Part 1 of Schedule 3 (responsibility for implementation of statutory proposals), the local authority that maintains the school in question must meet the cost of implementing proposals adopted or approved under section 62 which have effect as mentioned in subsection (1)(b).

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