School Standards and Organisation (Wales) Act 2013

54 Referral to the Welsh Ministers

(1) This section applies if a local authority has—

(a) determined to approve or reject proposals under section 51(4), or

(b) determined under section 53(1) to implement proposals to which there was an objection made in accordance with section 49 (and which was not withdrawn in writing before the end of 28 days beginning with the end of the objection period).

(2) Before the end of 28 days beginning with the day of the local authority’s determination under section 51(4) or 53(1), the following may refer the proposals to the Welsh Minister—

(a) another local authority which is likely to be affected by the proposals;

(b) a local authority in England which is likely to be affected by the proposals ;

(c) the appropriate religious body for—

(i) the school to which the proposals relate if it is, or is intended to be, a school which has a religious character, or

(ii) any other school which has a religious character and which is likely to be affected by the proposals;

(d) if the school to which the proposals relate is a foundation or voluntary school, the governing body of the school;

(e) a trust holding property for the purpose of the school to which the proposals relate;

(f) an institution within the further education sector which is likely to be affected by the proposals.

(3) Whether an authority, school or institution is likely to be affected by the proposals for the purpose of subsection (2) is a question to be determined by the Welsh Ministers.

(4) The Welsh Ministers must consider proposals referred to them under this section afresh and subsections (5) to (8) of section 50 apply as if the proposals required their approval under that section.

(5) Proposals made under section 43 or 44 to discontinue a school which is a small school (see section 56) may not be referred to the Welsh Ministers under this section.

(6) Proposals which the Welsh Ministers are required to consider under this section are not to be treated for the purposes of section 55 or 61 as proposals approved under section 51 or as proposals that the proposer has determined to implement under section 53.

(7) Proposals approved in accordance with this section are to be treated for the purposes of section 55 as proposals approved under section 50.

(8) Proposals rejected in accordance with this section are to be treated for the purposes of paragraph 35(3)(e) of Schedule 4 as proposals rejected under section 50.