Part 11

Miscellaneous and General

Other provisions relating only to Wales

Partnership agreements and statements
197
1
The National Assembly for Wales may by regulations require any local authority in Wales to enter into a partnership agreement with the governing body of each school maintained by that authority, or each such school of a prescribed class.
2
For the purposes of this section, a partnership agreement is an agreement about how a local authority and the governing body of a school are to discharge their respective functions in relation to the school as regards—
a
such matters as may be prescribed, and
b
such other matters as the authority and the governing body may agree.
3
Where a local authority fail to reach agreement with the governing body of a school for the purposes of subsection (1), the authority may draw up a statement setting out how they and the governing body are to discharge their respective functions in relation to the school as regards the matters prescribed under subsection (2)(a).
4
Regulations under this section may—
a
require the parties to a partnership agreement to review the agreement, and
b
require a local authority that has drawn up a statement under this section and the governing body to which that statement relates to review the statement,
at such intervals, or in such circumstances, as may be prescribed.
5
Following a review of a partnership agreement, the parties may agree—
a
not to change the agreement,
b
to amend the agreement in such a manner that it remains a partnership agreement, or
c
to replace the agreement with a new partnership agreement,
but, where they fail to do so, subsection (3) applies as it applies where a local authority and governing body fail to reach agreement for the purposes of subsection (1).
6
Following a review of a statement under subsection (3), the local authority and governing body in question may agree to replace the statement with a partnership agreement, but, where they fail to do so, the authority may amend the statement or draw up a new one (provided the amended or replacement statement is one that could have been drawn up under subsection (3)).
7
Regulations under this section may make provision for the time by which a local authority or governing body must comply with any requirement imposed on them by or under the preceding provisions of this section.
8
In the discharge of their functions in relation to a school maintained by a local authority in Wales—
a
the authority, and
b
the governing body and head teacher of the school,
must have regard to any partnership agreement or statement under this section which for the time being has effect in relation to the school.
S. 197 in force at 1.9.2003 by S.I. 2003/1718, art. 5, Sch. Pt. II
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)