School Standards and Organisation (Wales) Act 2013

PART 1 RESPONSIBILITY FOR IMPLEMENTATION

Interpretation

1 In this Part of this Schedule—

(a) “proposals” means proposals falling to be implemented under section 55;

(b) a reference to a local authority in relation to a school or proposed school is a reference to the local authority that maintains, or that will maintain, that school.

Proposals relating to community or maintained nursery schools

2 (1) This paragraph applies to proposals relating to a community or maintained nursery school or a proposed community or maintained nursery school.

(2) Proposals made by a local authority under section 41, 42 or 43 must be implemented by the local authority.

Proposals relating to foundation or voluntary controlled schools

3 (1) This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed voluntary controlled school.

(2) Proposals made by a local authority under section 41(2) or 43(1)(a) must be implemented by the authority.

(3) Proposals made by a local authority under section 42(1)(b) or (c) must be implemented by both the authority and governing body to the extent (if any) that the proposals provide for each of them to do so.

(4) Proposals made under section 41(2) (other than by a local authority) must be implemented by the local authority and by the person who made the proposals to the extent (if any) that the proposals provide for each of them to do so.

(5) Proposals made by a governing body under section 42(2) must be implemented by the local authority and by the governing body to the extent (if any) that the proposals provide for each of them to do so.

(6) Proposals made by a governing body under section 43(2) must be implemented by both the governing body and the local authority.

Proposals relating to voluntary aided schools

4 (1) This paragraph applies to proposals relating to a voluntary aided school or a proposed voluntary aided school.

(2) Proposals made by a local authority under section 42(1)(b) or (c) must be implemented—

(a) so far as relating to the provision of relevant premises for the school, by the local authority, and

(b) otherwise by both the authority and the governing body to the extent (if any) that the proposals provide for each of them to do so.

(3) Proposals made under section 41(2) must be implemented—

(a) where the local authority is the proposer, by the local authority, and

(b) where the local authority is not the proposer—

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

(ii) otherwise by the person who made the proposals.

(4) Nothing in sub-paragraph (3)(b) requires a local authority to provide relevant premises where—

(a) the new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals, and

(b) those premises were part of the premises of any of the existing schools but were not provided by the authority.

(5) Proposals made by a governing body under section 42(2) must be implemented—

(a) so far as relating to the provision of relevant premises for the school, by the local authority, and

(b) otherwise by the governing body.

(6) “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.

(7) Proposals made by a local authority under section 43(1) must be implemented by the authority.

(8) Proposals made by the governing body under section 43(2) must be implemented by both the governing body and the local authority.

Proposals relating to community special schools

5 (1) This paragraph applies to proposals relating to a community special school or a proposed community special school.

(2) Proposals made by a local authority under section 44 must be implemented by the authority.

Change of category

6 If a school changes category from a community school after proposals have been published under section 48 but before they have been implemented, the proposals (to the extent that they have not been implemented) must be implemented by the local authority (despite paragraphs 3 and 4).