Search Legislation

School Standards and Organisation (Wales) Act 2013

Status:

This is the original version (as it was originally enacted).

CHAPTER 4REGIONAL PROVISION FOR SPECIAL EDUCATIONAL NEEDS

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

In this Chapter—

  • “regional provision” (“darpariaeth ranbarthol”) means—

    (a)

    provision of education for children belonging to the areas of different local authorities, at a school maintained by one of those authorities, or

    (b)

    provision made by two or more local authorities for goods or services to be supplied by one of the authorities—

    (i)

    to the other or others, or

    (ii)

    to one or more governing bodies of schools maintained by the other authority or authorities;

  • “special education functions” (“swyddogaethau addysg arbennig”) means functions under Part 4 of the Education Act 1996 (special educational needs).

65Direction to consider making regional provision

(1)The Welsh Ministers may direct local authorities to consider whether they (or any of them) would be able to carry out their special education functions, in respect of children with the special educational needs specified in the direction, more efficiently or effectively if regional provision were made.

(2)The authorities to whom a direction is given must report their conclusions to the Welsh Ministers no later than the time specified in the direction.

(3)A direction under this section may be given to local authorities generally or to one or more authorities specified in the direction.

66Directions to make proposals to secure regional provision

(1)This section applies where the Welsh Ministers are of the opinion that two or more local authorities would be able to carry out their special education functions, in respect of children falling within a particular description, more effectively or efficiently if regional provision were made in relation to the areas of those authorities.

(2)The Welsh Ministers may give one or more of the directions specified in subsection (3) for the purpose of securing that regional provision is made in relation to the description of children from the areas specified in the direction.

(3)The directions are—

(a)that a local authority exercise its powers to make proposals to establish, alter or discontinue schools;

(b)that the governing body of a foundation or voluntary school exercise its powers to make proposals to alter its school;

(c)that two or more local authorities make arrangements under which—

(i)provision for education is made by one of the authorities in respect of persons from the area (or areas) of the other authority (or authorities), and

(ii)provision is made for determining the payments to be made under the arrangements in respect of the provision of that education;

(d)that two or more local authorities make arrangements that provide for one of those authorities to supply to the other (or others) goods or services to be specified in the arrangements on terms (including terms as to payment) to be so specified;

(e)that a local authority and the governing bodies of one or more foundation or voluntary schools make arrangements that provide for the authority to supply to the governing bodies goods or services to be specified in the arrangements, on terms (including terms as to payment) to be so specified.

(4)Where the Welsh Ministers give a direction under subsection (3)(c) and a direction under subsection (3)(a) or (3)(b), the payments to which subsection (3)(c) refers may include an amount in respect of the costs connected with the establishment, alteration or discontinuance of the school in question.

(5)A direction under subsection (3)(a) or (3)(b)—

(a)must require the proposals in question to be published no later than the date specified in the direction, and

(b)must require the body making the proposals to send a copy of the published proposals, together with other information (of a kind specified in the direction) in connection with those proposals to the Welsh Ministers.

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

(1)Proposals made in accordance with a direction under section 66 may not be withdrawn without the consent of the Welsh Ministers.

(2)The Welsh Ministers may give consent for the purposes of subsection (1) subject to conditions.

(3)The local authority must reimburse expenditure reasonably incurred by the governing body of a school maintained by it in making proposals in accordance with a direction under section 66.

(4)Despite anything in Part 1 of Schedule 3 (responsibility for implementation of statutory proposals), the local authority must meet the cost of implementing proposals made by the governing body of a school maintained by the authority in accordance with a direction under section 66 which have been approved or determined to be implemented.

68Proposals by Welsh Ministers

(1)This section applies where—

(a)the Welsh Ministers have given a direction under section 66, and

(b)either—

(i)proposals have been published in accordance with the direction, or

(ii)the time allowed under the direction for the publication of the proposals has expired.

(2)The Welsh Ministers may make any proposals that could have been made in accordance with the direction.

(3)Before publishing proposals under this section, the Welsh Ministers must consult on the proposals in accordance with the code issued under section 38(1) for the time being in force.

(4)The proposals must be published in accordance with the code issued under section 38(1) for the time being in force.

(5)The Welsh Ministers must send a copy of the proposals to—

(a)local authorities whose areas are affected by the proposals, and

(b)the governing body of each school to which the proposals relate.

69Objections

(1)Any person may object to proposals published under section 68.

(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.

70Adoption of proposals

(1)The Welsh Ministers may, after considering any objections made in accordance with section 69 (and not withdrawn)—

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

(b)determine not to adopt the proposals.

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

(3)Proposals adopted by the Welsh Ministers 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.

(4)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 under subsection (1) which have effect as mentioned in subsection (3)(b).

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