Part II New framework for maintained schools

Chapter II Establishment, alteration or discontinuance of schools

Mainstream schools maintained by local authorities

28 Proposals for establishment or alteration of community, foundation or voluntary school F1in Wales.

(1)

Where a F2local authority F3in Wales propose—

(a)

to establish a new community F4..., or

F5(aa)

to establish a new maintained nursery school, or

(b)

to make any prescribed alteration to a community school, or

(c)

to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school, F6or

(d)

F7... to make any prescribed alteration to a maintained nursery school

the authority shall publish their proposals under this section.

F8(1A)

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(2)

Where—

(a)

any persons (referred to in this Part as “promoters”) propose to establish a new F9... voluntary school F10in Wales F11..., or

(b)

the governing body of a foundation or voluntary school F12in Wales F13... propose to make any prescribed alteration to the school,

those persons or (as the case may be) the governing body shall publish their proposals under this section.

F14(2A)

A local authority or promoters may not publish proposals for the establishment of a new foundation school in Wales.

F15(2B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Proposals under this section shall—

(a)

contain such information, and

(b)

be published in such manner,

as may be prescribed.

F16(4)

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(5)

Before publishing any proposals under this section, the relevant body or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body or promoters shall have regard to any guidance given from time to time by the F17Assembly.

F18(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

F19... The relevant body or promoters shall send—

(a)

a copy of F20any proposals published under this section, and

(b)

such information in connection with those proposals as may be prescribed,

to the F21Assembly.

(8)

Schedule 6 has effect F22... in relation to—

(a)

the procedure for dealing with proposals under this section and their implementation; and

(b)

the provision of premises or other assistance in connection with their implementation.

(9)

Where any proposals published under this section—

(a)

are for the transfer of a school to a site in a different area, or

(b)

relate to a school which is, or (in the case of a new school) is proposed to be, situated in an area other than that of the F2local authority who maintain, or (as the case may be) who it is proposed should maintain, the school,

the provisions of F23... Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.

(10)

In this section “the relevant body or promoters” means the F2local authority, governing body or promoters mentioned in subsection (1) or (2) (as the case may be).

(11)

In this Part—

(a)

“alteration”, in the context of a prescribed alteration to a maintained school, means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—

(i)

in the religious character of the school, or

(ii)

whereby the school would acquire or lose a religious character; and

(b)

“area” (without more) means a F2local authority area.

(12)

Any regulations made for the purposes of subsection (1)(b) or (2)(b) may be framed by reference to the opinion of the F2local authority.