SCHEDULES
C13C14C29 SCHEDULE 6F13Statutory Proposals concerning schools in Wales: Procedure and implementation
Sch. 6 modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.
Sch. 6 continued (1.9.2001) by S.I. 2001/2678, reg. 2(2)
Schs. 6, 7: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
Sch. 6 applied (1.9.2006) by 1996 c. 56, s. 529(2) (as amended by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 2; S.I. 2006/2129, art. 4)
C1C19C24C29 Part I Procedure for dealing with statutory proposals: England
Sch. 6 Pt. I applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(1), 10, Sch. 1.
Sch. 6 Pt. I applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(2), 10, Sch. 1.
Sch. 6 Pt. 1 (paras. 1-5) applied (with modifications) (E.) (1.9.2000) by S.I. 2000/2195, reg. 4(1), Sch. 1 (as amended (15.9.2003) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2003 (S.I. 2003/2136), regs. 1(1), 10)
Sch. 6 Pt. I amendment to earlier affecting provision S.I. 2000/2195, Sch. 1 (E.) (15.9.2003) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2003 (S.I. 2003/2136), regs. 1(1), 10
Sch. 6 Pt. 1 applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)
Application of Part I
F121
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Objections
F122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of proposals
F123
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Determination by LEA whether to implement proposals
F124
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Requirement to implement proposals
F125
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C9C14C29 Part IIF14procedure for dealing with statutory proposals
Sch. 6 Pt. 2 heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(4); S.I. 2007/935, art. 7(o)
Sch. 6 Pt. II applied (with modifications) (1.9.1999) (temp.) by S.I. 1999/2633, regs. 4, 5(1), Sch. 1.
Sch. 6 Pt. II modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.
Application of Part II
C26
This Part of this Schedule applies to proposals published under section 28, 29 or 31 F17....
Objections
C3C34C357
C41
Any person may make objections to any proposals published under section 28, 29 or 31.
2
Where the proposals were published by a F41local authority—
a
any objections under this paragraph shall be sent to the authority within such period as may be prescribed (“the objection period”); and
b
within such period as may be prescribed the authority shall send to the F18Assembly copies of all objections made (and not withdrawn in writing) within the objection period, together with the authority’s observations on them.
C53
Where the proposals were published by a governing body or promoters, any objections under this paragraph shall be sent to the F19Assembly within such period as may be prescribed.
Approval of proposals
8
C61
Proposals published under section 28, 29 or 31 require approval under this paragraph if—
a
b
objections to the proposals have been made in accordance with paragraph 7 and any of them have not been withdrawn in writing within the objection period.
C72
Where any proposals require approval under this paragraph, the F20Assembly may—
a
reject the proposals,
b
approve them without modification, or
c
approve them with such modifications as F22it thinks desirable after consulting such persons or bodies as may be prescribed.
C63
Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified.
F94
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C65
Sub-paragraph (1) does not prevent the body or promoters by whom any proposals have been published under section 28, 29 or 31 from withdrawing those proposals by notice in writing given to the F20Assembly at any time before the proposals are approved under this paragraph.
Determination whether to implement proposals
9
1
Where any proposals published under section 28, 29 or 31 do not require approval under paragraph 8, the body or promoters by whom the proposals were published shall determine whether the proposals should be implemented.
2
Any determination under sub-paragraph (1) must be made within four months after a copy of the published proposals was sent to the F23Assembly under section 28, 29 or 31.
3
The body or promoters in question shall notify the F24Assembly of any determination made by them under sub-paragraph (1).
Requirement to implement proposals
C8I1C3010
1
Where—
a
any proposals published under section 28, 29 or 31 have been approved under paragraph 8, or
b
the body or promoters by whom such proposals were published have determined under paragraph 9 to implement the proposals,
then (subject to the following provisions of this paragraph) the proposals shall be implemented, in the form in which they were so approved or determined, in accordance with Part III of this Schedule.
2
At the request of any prescribed body or persons, the F25Assembly—
a
may modify the proposals after consulting such persons or bodies as may be prescribed; and
b
where any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the event in question must occur.
3
If the F25Assembly is satisfied—
a
that implementation of the proposals would be unreasonably difficult, or
b
that circumstances have so altered since approval was given under paragraph 8 that implementation of the proposals would be inappropriate,
F26it may determine that sub-paragraph (1) shall cease to apply to the proposals.
4
The F25Assembly may only make a determination under sub-paragraph (3) where proposals that F27it should do so have been published, in accordance with regulations, by the body or promoters who published the proposals referred to in that sub-paragraph; and regulations so made may provide for any of the provisions of sections 28, 29 and 31 and this Part of this Schedule to have effect in relation to any such further proposals with or without modifications.
5
Where—
a
any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, and
b
the event specified under that sub-paragraph does not occur by the date in question (whether as specified under that sub-paragraph or as specified under sub-paragraph (2)(b) above),
sub-paragraph (1) above shall cease to apply to the proposals.
6
Where, by virtue of sub-paragraph (3) F1..., sub-paragraph (1) ceases to apply to any proposals, those proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 8.
F27
C11C28C29 Part III Manner of implementation of statutory proposals
Sch. 6 Pt. 3 excluded (19.12.2002) by Education Act 2002 (c. 32), ss. 193(6), 216 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1
Sch. 6 Pt. 3 excluded (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 11 para. 6(4); S.I. 2006/2129, art. 4
Introductory
11
In this Part of this Schedule “proposals” means proposals falling to be implemented under paragraph F28... 10.
Proposals relating to community or maintained nursery schools
C1012
1
This paragraph applies to proposals relating to a community or F8maintained nursery school or a proposed such school.
2
Proposals relating to foundation or voluntary controlled schools
13
1
This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed such school.
2
F113
Where the proposals were published—
a
under section 28(2) F31..., by promoters, or
b
under section 28(2), by the governing body,
they shall be implemented by the F41local authority and by the promoters or (as the case may be) the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.
4
Where the proposals were published by the governing body under section 29(2), they shall be implemented—
a
by the governing body; and
b
by the F41local authority as well.
Proposals relating to voluntary aided schools
E114
1
This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.
2
Where the proposals were published by the governing body under section 28(2) or 29(2), they shall be implemented—
a
b
in the case of proposals published under section 29(2), by the governing body and the authority; and
c
otherwise by the governing body.
3
Where the proposals were published under section 28(2) F32... by promoters, they shall be implemented—
a
b
otherwise by the promoters.
4
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Nothing in sub-paragraph (3) requires a F41local authority to provide any F6such playing fields 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
F7those playing fields—
i
were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school); and
ii
(if it was a foundation or voluntary school) were not provided by the authority.
6
Where the proposals were published by a F41local authority under section 29(1), they shall be implemented by the authority.
E214
1
This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.
2
Where the proposals were published by the governing body under section 28(2) or 29(2), they shall be implemented—
a
in the case of proposals published under section 28(2) so far as relating to the provision of any relevant premises for the school, by the F41local authority;
b
in the case of proposals published under section 29(2), by the governing body and the authority; and
c
otherwise by the governing body.
3
Where the proposals were published under section 28(2) F32... by promoters, they shall be implemented—
a
so far as relating to the provision of any relevant premises for the school (but subject to sub-paragraph (5)), by the F41local authority; and
b
otherwise by the promoters.
4
In sub-paragraph (2) or (3) “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.
5
Nothing in sub-paragraph (3) requires a F41local authority to provide any such 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—
i
were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school); and
ii
(if it was a foundation or voluntary school) were not provided by the authority.
6
Where the proposals were published by a F41local authority under section 29(1), they shall be implemented by the authority.
Proposals relating to community or foundation special schools
15
1
This paragraph applies to proposals relating to—
a
a community or foundation special school; or
b
a proposed such school.
2
Where the proposals were published by a F41local authority under section 31(1), they shall be implemented by the authority.
3
Where the proposals were published by the governing body under section 31(2)(a), they shall be implemented by the F41local authority and by the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.
4
Where the proposals were published by the governing body under section 31(2)(b), they shall be implemented—
a
by the governing body; and
b
by the F41local authority as well.
C14C29Part IV Provision of premises and other assistance
Provision of site and buildings for foundation, voluntary controlled or foundation special school
C12C14C20C15C3116
1
This paragraph applies where a F41local authority are required—
a
by virtue of paragraph 13(2) or (3) to provide a site for a foundation or voluntary controlled school or a proposed such school; or
b
by virtue of paragraph 15(2) or (3) to provide a site for a foundation special school.
2
The authority shall transfer their interest in the site and in any buildings on the site which are to form part of the school premises—
a
to the school’s trustees, to be held by them on trust for the purposes of the school, or
b
if the school has no trustees, to the school’s foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.
3
If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the F33Assembly thinks proper.
4
The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
5
Where—
a
a transfer is made under this paragraph, and
b
the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,
those persons shall notify the F41local authority that paragraph (b) applies to them and they or their successors shall pay to the F41local authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the F33Assembly.
6
In sub-paragraph (5)(b) the reference to proceeds of the sale of other premises includes a reference to—
a
consideration for the creation or disposition of any kind of interest in other premises, including rent; and
b
interest which has accrued in respect of any such consideration;
and for the purposes of any agreed determination under sub-paragraph (5) regard shall be had to any guidance given from time to time by the F33Assembly.
7
Any sum paid under sub-paragraph (5) shall be treated for the purposes of section 14 of the M1Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.
8
A determination may be made under sub-paragraph (5) in respect of any property subject to a trust which has arisen under section 1 of the M2Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—
a
the determination is made by the F33Assembly, and
b
F34it is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.
9
Sub-paragraph (5) shall apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs 1 to 3 of Schedule 22 to that sum.
10
In this paragraph—
“the relevant purposes” means—
- a
in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts, or
- b
in relation to a transfer to a school’s governing body, the purposes of the school;
- a
“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
Grants in respect of certain expenditure relating to existing or proposed voluntary aided school
C21C14C16C29C25C3217
1
This paragraph applies where—
a
the governing body of a voluntary aided school are required by virtue of paragraph 14(2) to implement proposals relating to a prescribed alteration to the school; or
b
any promoters are required by virtue of paragraph 14(3) to implement proposals involving the establishment of a new voluntary aided school.
2
Paragraph 5 of Schedule 3—
a
shall apply in relation to the voluntary aided school mentioned in sub-paragraph (1)(a) above; and
b
shall apply in relation to the new voluntary aided school mentioned in sub-paragraph (1)(b) above as it applies in relation to an existing voluntary aided school.
3
In the application of that paragraph in relation to a new voluntary aided school—
a
the references to the governing body, in relation to any time before the governing body are constituted, are to the promoters; and
b
where requirements are imposed in relation to grant paid by virtue of this paragraph to the promoters, the requirements shall be complied with by the governing body, when they are constituted, as well as by the promoters.
Assistance in respect of maintenance and other obligations relating to voluntary aided school
C22C14C3318
A F41local authority may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation arising by virtue of paragraph 14(2) in relation to proposals published by them under section 28.
Assistance for promoters of new voluntary aided school
C17C29C2619
A F41local authority may give to persons required by virtue of paragraph 14(3) to implement proposals involving the establishment of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by those persons of any obligation arising by virtue of that provision.
Duty to transfer interest in premises provided under paragraph 18 or 19
C14C23C18C29C2720
1
Where assistance under paragraph 18 or 19 consists of the provision of any premises for use for the purposes of a school, the F41local authority shall transfer their interest in the premises—
a
to the trustees of the school to be held on trust for the purposes of the school; or
b
if the school has no trustees, to the school’s foundation body, to be held by that body for the relevant purposes.
2
If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer it shall be made to such persons as the F35Assembly thinks proper.
3
The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
4
In this paragraph “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts.
Part V Transitional exemption orders for purposes of Sex Discrimination Act 1975
F15...
Sch. 6 para. 21 heading repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(16), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F3621
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F16Single-sex schools
Sch. 6 para. 22 heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(17); S.I. 2007/935, art. 7(o)
22
1
This paragraph applies to proposals for a school in Wales to cease to be an establishment which admits pupils of one sex only.
2
Sub-paragraph (3) applies where—
a
such proposals are made under section 28 and, in accordance with subsection (7) of that section, the relevant body send a copy of the published proposals to the F37Assembly; or
b
such proposals are made under section 31 and, in accordance with subsection (6) of that section, the relevant body send a copy of the published proposals to the F37Assembly.
3
F394
In this paragraph—
F42“the 2010 Act” means the Equality Act 2010,
“make”, in relation to a transitional exemption order, includes (so far as the context permits) vary or revoke,
“the responsible body” has the same meaning as in F43section 85 of the 2010 Act, and
“transitional exemption order” has the same meaning as in F44paragraph 3 of Schedule 11 to the 2010 Act,
and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school's admission arrangements as is mentioned in F45paragraph 3 of Schedule 11 to the 2010 Act (single-sex establishments becoming co-educational).
Sch. 6 heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(2); S.I. 2007/935, art. 7(o)