School Standards and Organisation (Wales) Act 2013

75 Responsibility for implementation

(1) Proposals to establish a school must be implemented by the local authority that it is proposed will maintain the school.

(2) Proposals to make an alteration described in paragraph 6 of Schedule 2 must be implemented—

(a) in the case of proposals relating to a community school, by the local authority that maintains the school;

(b) in the case of proposals relating to a voluntary aided school—

(i) so far as relating to the provision of any relevant premises, by the local authority that maintains the school, and

(ii) otherwise, by the local authority that maintains the school and the governing body of the school to the extent (if any) as the proposals provide for each of them to do so;

(c) in the case of proposals relating to any other school, by the local authority that maintains the school and the governing body of the school to the extent (if any) as the proposals provide for each of them to do so.

(3) In subsection (2) “relevant premises” means—

(a) playing fields, or

(b) buildings which are to form part of the school premises but are not to be school buildings.

(4) Proposals to discontinue a school must be implemented—

(a) in the case of proposals relating to a community or community special school, by the local authority that maintains the school, and

(b) in any other case, by the local authority that maintains the school and the governing body of the school.

(5) If a school changes category from a community school after proposals have been published under section 72 but before they have been implemented, the proposals (to the extent that they have not been implemented) must be implemented by the local authority that maintains the school (despite subsections (2) and (4)).