School Standards and Organisation (Wales) Act 2013

Making and determining proposals

71 Welsh Ministers’ powers to restructure sixth form education

(1) The Welsh Ministers may make proposals under this section for—

(a) the establishment by a local authority of one or more new community or community special schools to provide secondary education suitable to the requirements of sixth formers (and no other secondary education);

(b) an alteration described in paragraph 6 of Schedule 2 to one or more maintained schools;

(c) the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of sixth formers (and no other secondary education).

(2) A “sixth former” is a person who is above compulsory school age but below the age of 19.

72 Consultation, publication and objections

(1) Before publishing proposals made under section 71, the Welsh Ministers must consult on the proposals in accordance with the code issued under section 38(1) for the time being in force.

(2) The Welsh Ministers must publish proposals made under section 71 in accordance with the code issued under section 38(1) for the time being in force.

(3) Any person may object to the proposals.

(4) Objections must be sent in writing to the Welsh Ministers before the end of 28 days beginning with the day on which the proposals were published.

73 Determination by Welsh Ministers

(1) After the end of the 28 days referred to in section 72(4), the Welsh Ministers must determine whether to—

(a) adopt the proposals, with or without modifications, or

(b) withdraw the proposals.

(2) In making a determination under subsection (1), the Welsh Ministers must have regard to any objections made in accordance with section 72(4) and not withdrawn.

(3) Before adopting proposals subject to modifications, the Welsh Ministers must consult such persons as they consider appropriate.

(4) The adoption of proposals may be expressed to take effect only if an event specified in the adoption occurs by a date so specified.

(5) If the event does not occur by the specified date the Welsh Ministers must reconsider their determination under subsection (1).

(6) The Welsh Ministers may withdraw their proposals at any time before they make a determination under subsection (1).