The Change of Category of Maintained Schools (Wales) Regulations 2001

PART VI Sub-paragraphs substituted for sub-paragraphs (2) to (6) of paragraph 3 of Schedule 12 to the Act

“(2) Where the school has, or it is proposed that it will have, foundation governors, the governing body shall not submit the draft to the local education authority unless the following persons have agreed to the contents of the draft, namely—

(a) the existing foundation governors; or

(b) if there are no existing foundation governors, the persons whom it is proposed will be entitled to appoint foundation governors;

(c) any trustees under a trust deed relating to the school;

(d) in the case of a Church in Wales School or Roman Catholic Church School, the appropriate diocesan authority.

(3) On receiving the draft the authority shall consider whether it complies with all applicable statutory provisions, and if—

(a) the authority are content with the draft; or

(b) there is agreement between the authority, the governing body and (if the school has foundation governors or it is proposed that the school will have foundation governors) the persons mentioned in sub-paragraph (2) that the draft should be revised to any extent,

the Instrument shall be made by order of the authority in the form of the draft or (as the case may be) in the form of the revised draft.

(4) If, in the case of a school which has foundation governors or it is proposed should have foundation governors, there is at any time disagreement as to the contents of the draft among the bodies and persons mentioned in sub-paragraph (3)(b), any of those bodies or persons may refer the draft to the National Assembly for Wales; and on such a reference the National Assembly shall give such direction as it thinks fit having regard, in particular, to the category of school to which it is proposed the school should belong.

(5) If neither of paragraphs (a) and (b) of sub-paragraph (3) applies in the case of a school which does not have foundation governors and it is proposed should not have such governors, the authority shall—

(a) notify the governing body of the reasons why they are not content with the draft Instrument, and

(b) give the governing body a reasonable opportunity to reach agreement with the authority on revising the draft;

and the Instrument shall be made by order of the authority either in the form of a revised draft agreed between the authority and the governing body or (in the absence of such agreement) in such form as the authority thinks fit having regard, in particular, to the category of school to which it is proposed the school should belong.

(6) When taking any decision as to the name of the school the governing body, the authority and (if the school has foundation governors or it is proposed that it should have foundation governors) the persons mentioned in paragraph (2) shall have regard to any guidance given from time to time by the National Assembly for Wales.”.