PART 3

SCHOOL ORGANISATION
CHAPTER 5

PROPOSALS FOR RESTRUCTURING SIXTH FORM EDUCATION

Making and determining proposals

Welsh Ministers' powers to restructure sixth form education
71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation, publication and objections
72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination by Welsh Ministers
73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implementation of proposals for restructuring sixth form education

Form of implementation
74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Responsibility for implementation
75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further provision as to implementation
76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Consequential amendments to inspection reports on sixth form education
77
After section 44 of the Education Act 2005 insert—

Sixth forms requiring significant improvement in Wales

Schools with sixth forms
44A
1
Sections 44B to 44D apply to a maintained school in Wales which—
a
provides full-time education suitable to the requirements of pupils over compulsory school age, and
b
provides full-time education suitable to the requirements of pupils of compulsory school age.
2
For the purposes of those sections a school requires significant improvement in relation to its sixth form if—
a
the school is failing to give its pupils over compulsory school age an acceptable standard of education, or
b
in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform.

Inspection reports on schools with sixth forms requiring significant improvement
44B
1
Where a person inspecting a school under Chapter 3 is of the opinion that the school requires significant improvement in relation to its sixth form, the provisions specified in subsection (2) apply (with the necessary modifications) as they apply where the person is of the opinion that special measures are required to be taken in relation to the school.
2
Those provisions are section 34(1) to (6) (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate).

Report after area inspection on schools with sixth forms requiring significant improvement
44C
1
This section applies if in the course of an area inspection under section 83 of the Learning and Skills Act 2000 the Chief Inspector forms the opinion that a school requires significant improvement in relation to its sixth form.
2
The Chief Inspector must make a report about the school stating that opinion.
3
The report is to be treated for the purposes of this Part as if it were a report of an inspection of the school under section 28.

Copies of report and action plan
44D
1
This section applies to a report of an inspection under Chapter 3 which—
a
states an opinion that a school requires significant improvement in relation to its sixth form, and
b
is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion.
2
The person making the report must send a copy (together with a copy of the summary, if there is one)—
a
to the Welsh Ministers, and
b
if the person making the report is a member of the Inspectorate, to the appropriate authority for the school.
3
The following provisions apply (with the necessary modifications) in relation to a report to which this paragraph applies—
a
section 38(2) (additional copies),
b
section 38(4) (publication by appropriate authority),
c
section 39 (action plan by appropriate authority), and
d
where the local authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local authority).
4
In the application of those provisions—
a
a reference to a report and summary is to be taken as a reference to a report and, if there is one, its summary, and
b
a reference to a summary alone is to be taken, in a case where there is no summary, as a reference to the report.

Report on sixth form schools causing concern after area inspection
44E
1
This section applies if in the course of an area inspection under section 83 of the Learning and Skills Act 2000 the Chief Inspector forms the opinion that—
a
special measures are required to be taken in relation to a sixth form school, or
b
that a sixth form school requires significant improvement.
2
The Chief Inspector must make a report about the school stating that opinion.
3
The report is to be treated for the purpose of this Part as if it were a report of an inspection of the school under section 28.
4
A “sixth form school” is a maintained school which—
a
provides full-time education suitable to the requirements of pupils over compulsory school age, and
b
does not provide full-time education suitable to the requirements of pupils of compulsory school age.

Interpretation of sections 44A to 44E
44F
In sections 44A to 44E—
- “the appropriate authority”, in relation to a maintained school, means the school's governing body or, if the school does not have a delegated budget, the local authority;
- “the Chief Inspector” means Her Majesty's Chief Inspector of Education and Training in Wales;
- “maintained school” means a community, foundation or voluntary school or a community special school;
- “member of the Inspectorate” means the Chief Inspector, any of Her Majesty's Inspectors of Education and Training in Wales and any additional inspector appointed under paragraph 2 of Schedule 2.
S. 77 in force at 1.10.2013 by S.I. 2013/1800, art. 3(d)
Ss. 71-76 omitted (5.4.2025) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 29(8) (with s. 19); S.I. 2025/432, art. 2(ll)(iii)