The School Organisation Proposals by the National Council for Education and Training for Wales Regulations 2004

Publication of proposals

5.—(1) The Council must publish a notice of any proposals it makes under section 113A in the manner specified in paragraphs (2) and (3) below, and any such notice must contain the information specified in Schedule 1.

(2) Where the proposals are to establish a new 16 to 19 institution the Council is to publish the notice —

(a) by posting it in a conspicuous place in the area to be served by the school, where the school is to be a mainstream school, or in the area of the local education authority whom it is proposed should maintain the school, where the school is to be a special school; and

(b) in at least one newspaper circulating in that area.

(3) Where the proposals are to make an alteration to a maintained school or to discontinue a 16 to 19 institution the Council is to publish the notice —

(a) by posting it in a conspicuous place in the area served by the school, where the school the subject of the proposals is a mainstream school, or in the area of the local education authority who maintain the school, where the school the subject of the proposals is a special school;

(b) in at least one newspaper circulating in that area; and

(c) by posting it at or near the main entrance to the school or, if there is more than one main entrance, all of them.

(4) The Council must send a copy of the notice to the following persons —

(a) the National Assembly;

(b) the governing body of any school the subject of the proposals (except where the proposals are to establish a new 16 to 19 institution);

(c) the local education authority who maintain, or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain, any school the subject of the proposals;

(d) any adjoining local education authority;

(e) the Diocesan Board of Education (or other body responsible for education) for any diocese of the Church in Wales and the Bishop of any Roman Catholic Church diocese, any part of which is comprised in the area of the local education authority who maintain the school or (in the case of proposals to establish a new 16 to 19 institution) whom it is proposed should maintain the proposed school;

(f) such other persons as the Council considers appropriate.

(5) Where the proposals relate to a special school the Council must send a copy of the notice to —

(a) each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;

(b) the parents of each registered pupil at the school;

(c) any Local Health Board in whose area the school is situated; and

(d) any National Health Service Trust who have responsibility for the ownership or management of any hospital or other establishment or facilities in the area of the local education authority who maintain the school.

(6) Where the proposals relate to a proposed special school the Council must send a copy of the notice to the bodies referred to in sub-paragraphs (c) and (d) of paragraph (5).

(7) In this regulation “parent” has the same meaning as in section 576 of the Education Act 1996.