PART 3 E+WSCHOOL ORGANISATION

CHAPTER 4 E+WREGIONAL PROVISION FOR [F1 SPECIAL EDUCATIONAL] [F1 ADDITIONAL LEARNING] NEEDS

Textual Amendments

F1 Words in Pt. 3 Ch. 4 title substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 22(3)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3(o)(xxi); S.I. 2021/1244, art. 3(o)(xxi); S.I. 2021/1245, arts. 3(o)(xxi), 4 (with art. 1(4))

66 Directions to make proposals to secure regional provision E+W

(1) This section applies where the Welsh Ministers are of the opinion that two or more local authorities would be able to carry out their [F2 special education] [F2 additional learning needs] functions, in respect of children falling within a particular description, more effectively or efficiently if regional provision were made in relation to the areas of those authorities.

(2) The Welsh Ministers may give one or more of the directions specified in subsection (3) for the purpose of securing that regional provision is made in relation to the description of children from the areas specified in the direction.

(3) The directions are—

(a) that a local authority exercise its powers to make proposals to establish, alter or discontinue schools;

(b) that the governing body of a foundation or voluntary school exercise its powers to make proposals to alter its school;

(c) that two or more local authorities make arrangements under which—

(i) provision for education is made by one of the authorities in respect of persons from the area (or areas) of the other authority (or authorities), and

(ii) provision is made for determining the payments to be made under the arrangements in respect of the provision of that education;

(d) that two or more local authorities make arrangements that provide for one of those authorities to supply to the other (or others) goods or services to be specified in the arrangements on terms (including terms as to payment) to be so specified;

(e) that a local authority and the governing bodies of one or more foundation or voluntary schools make arrangements that provide for the authority to supply to the governing bodies goods or services to be specified in the arrangements, on terms (including terms as to payment) to be so specified.

(4) Where the Welsh Ministers give a direction under subsection (3)(c) and a direction under subsection (3)(a) or (3)(b), the payments to which subsection (3)(c) refers may include an amount in respect of the costs connected with the establishment, alteration or discontinuance of the school in question.

(5) A direction under subsection (3)(a) or (3)(b)—

(a) must require the proposals in question to be published no later than the date specified in the direction, and

(b) must require the body making the proposals to send a copy of the published proposals, together with other information (of a kind specified in the direction) in connection with those proposals to the Welsh Ministers.

Textual Amendments

F2 Words in s. 66(1) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 22(3)(d); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3(o)(xxi); S.I. 2021/1244, art. 3(o)(xxi); S.I. 2021/1245, arts. 3(o)(xxi), 4 (with art. 1(4))

Commencement Information

I1 S. 66 in force at 1.10.2013 by S.I. 2013/1800, art. 3(c)