Search Legislation

Education (Wales) Measure 2011

Status:

This is the original version (as it was originally enacted).

16Federation of schools causing concern by direction of the Welsh Ministers

This section has no associated Explanatory Notes

(1)The School Standards and Framework Act 1998 is amended as follows.

(2)In section 14(3), after paragraph (a) insert—

(aa)the Welsh Ministers have exercised in relation to the school their powers under section 18B (power to direct federation of schools); or.

(3)After section 18A insert—

18BPower of Welsh Ministers to direct federation of schools

(1)A maintained school is a “school causing concern” for the purpose of this section if, at any time—

(a)section 15 applies to the school by virtue of subsection (4) or (6) of that section, or

(b)the Welsh Ministers are satisfied that—

(i)the standards of performance of pupils at the school are unacceptably low and are likely to remain so unless they exercise their powers under this section, or

(ii)that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance, or

(iii)that the safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise), or

(iv)that the governing body has failed to comply with a provision of an order under section 122 of the Education Act 2002 (teachers' pay and conditions) that applies to a teacher at the school, or

(v)that the governing body has failed to secure that the head teacher of the school complies with such a provision.

(2)For the purposes of subsection (1)(b) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

(a)the standards that the pupils might in all the circumstances reasonably be expected to attain,

(b)where relevant, the standards previously attained by them, or

(c)the standards attained by pupils at comparable schools.

(3)The Welsh Ministers may direct any one or more of the following persons, as appropriate, to provide for one or more of the arrangements set out in subsection (4)—

(a)a local authority;

(b)a governing body of a maintained school;

(c)a governing body of a federation.

(4)The arrangements are—

(a)the federation of the school causing concern and one or more maintained schools;

(b)the federation of the school causing concern and an existing federation;

(c)the federation of the school causing concern and an existing federation and one or more maintained schools;

(d)where the school causing concern is part of a federation, the federation of that federation and one or more maintained schools;

(e)where the school causing concern is part of a federation, the federation of that federation and another existing federation;

(f)where the school causing concern is part of a federation, the federation of that federation and an existing federation and one or more maintained schools;

(g)where the school causing concern is part of a federation, for the school to leave that federation.

(5)Before giving a direction under subsection (3), the Welsh Ministers must consult—

(a)the local authority,

(b)the governing bodies concerned,

(c)in the case of a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(6)A person subject to a direction under this section must comply with it.

(7)A direction under this section—

(a)must be in writing,

(b)must be published,

(c)may be varied or revoked by further direction, and

(d)is enforceable by mandatory order on application by the Welsh Ministers to the High Court.

(8)In this section “federation” has the meaning given by section 21(1) of the Education (Wales) Measure 2011.

Back to top

Options/Help

Print Options

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

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures 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