School Standards and Organisation (Wales) Act 2013 Explanatory Notes

1. Introduction

2. Commentary on Sections

   1. Part 1 - Introduction

      1. Section 1 – Overview

   2. Part 2 - Standards

      1. Section 2 – Grounds for intervention

      2. Section 3 – Warning notice

      3. Section 4 – Power to intervene

      4. Section 5 – Power to require governing body to secure advice or collaborate

      5. Section 6 – power to appoint additional governors

      6. Section 7 – Power of local authority to constitute governing body of interim executive members

      7. Section 8 – Power of local authority to suspend right to delegated budget

      8. Section 9 – General power to give directions and take steps

      9. Section 10 – Warning notice

      10. Section 11 – Power of the Welsh Ministers to intervene

      11. Sections 12, 13 and 14 – Powers of Welsh Ministers, etc

      12. Section 15 – Power of Welsh Ministers to direct federation of schools

      13. Section 16 – Power of Welsh Ministers to direct closure of school

      14. Section 17 – General power to give directions and take steps

      15. Sections 18, 19 and 20 and Schedule 1 – Supplementary

      16. Chapter 2 - Intervention in Local Authorities

          1. Section 21 – Grounds for intervention

          2. Section 22 – Warning notice

          3. Section 23 – Power of Welsh Ministers to intervene

          4. Section 24 – Power to require local authority to obtain advisory services

          5. Section 25 – Power to require performance of functions by other persons on behalf of authority

          6. Section 26 – Power to require performance of functions by Welsh Ministers or nominee

          7. Section 27 – Power to direct exercise of other education functions

          8. Section 28 – General power to give directions and take steps

          9. Section 30 – Duty to co-operate

          10. Section 31 – Powers of entry and inspection

      17. Chapter 3 – School Improvement Guidance

          1. Section 32 - Meaning of “school authority”

          2. Section 33 - Power to issue school improvement guidance

          3. Section 34 - Consultation and National Assembly for Wales procedures

          4. Section 35 - Duty to follow school improvement guidance

          5. Section 37 - Directions

   3. Part 3 - School Organisation

      1. Sections 38 and 39 School Organisation Code etc

      2. Section 40 - Restriction on establishment, alteration and discontinuance of maintained schools

      3. Sections 41 to 44 and Schedule 2 - Proposals that may be made in respect of schools in Wales

      4. Section 45 to 47 - Changing a school’s category etc

      5. Section 48 - Publication and consultation

      6. Section 49 - Objections

      7. Sections 50 to 53 – Approval and determination of proposals

      8. Section 54 – Referral to the Welsh Ministers

      9. Section 55 and Schedules 3 and 4 - Implementation

      10. Sections 57 to 63 - Rationalisation of Schools Places – powers and procedures

      11. Sections 64 to 70 - Regional provision for Special Educational Needs, powers and procedures

      12. Sections 71 to 77 - Proposals for restructuring sixth form education

      13. Section 78 - Federated schools

      14. Section 79 - Prohibition on local authorities establishing schools in England

      15. Section 80 - Notice by governing body to discontinue a foundation or voluntary school

      16. Section 81 - Direction requiring the discontinuance of community special school

   4. Part 4 - Welsh in Education Strategic Plans

      1. Section 84 – Preparation of Welsh in education strategic plans

      2. Section 85 - Approval, publication and implementation of Welsh in education strategic plans

      3. Section 86 - Assessing demand for Welsh medium education

      4. Section 87 - Regulations and guidance

   5. Part 5 - Miscellaneous Schools Functions

      1. Section 88 – Duty to provide free breakfasts for pupils in primary schools

      2. Section 89 – Transitional provision

      3. Section 91 – Amendment to power to charge for school meals etc

      4. Section 92 – Independent counselling services for school pupils and other children

      5. Section 93 – Information about independent counselling services

      6. Section 94 – Duty of governing body of maintained schools to hold meetings following petition by parents

      7. Section 95 – Repeal of duty to hold annual parents’ meeting

   6. Part 6 - General

      1. Section 97 – Orders and regulations

      2. Section 98 – General interpretation and index of defined expressions

      3. Section 99 and Schedule 5 – Minor and consequential amendments

      4. Section 100 – Commencement

      5. Section 101 – Short title and inclusion as one of the Education Acts

   7. Schedule 1

   8. Schedule 2

   9. Schedule 3

   10. Schedule 4

   11. Schedule 5

3. Record of Proceedings in National Assembly for Wales