Part 2

Establishment, discontinuance or alteration of schools

Discontinuance of schools

Consultation in relation to proposals under section 15
16
1
Before publishing any proposals under section 15 which relate to a school which is a rural primary school or a community or foundation special school, the relevant body must consult—
a
the registered parents of registered pupils at the school,
b
in the case of the rural primary school—
i
the local authority (where they are not the relevant body),
ii
where the local authority are a county council, any district council for the area in which the school is situated, and
iii
any parish council for the area in which the school is situated,
c
in the case of a community or foundation special school, any local authority which maintain an EHC plan or a statement under section 324 of EA 1996 (statement of special educational needs) or an individual development plan under section 14 or 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 in respect of a registered pupil at the school, and
d
such other persons as appear to the relevant body to be appropriate.
2
Before publishing any other proposals under section 15, the relevant body must consult such persons as appear to them to be appropriate.
3
In discharging their duty under subsection (1) or (2) the relevant body must have regard to any guidance given from time to time by the Secretary of State.
4
In this section “the relevant body” and “rural primary school” have the same meaning as in section 15.
S. 16 in force at 25.5.2007 by S.I. 2007/935, art. 7(b)
Words in Pts. 1-7 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. 14(2)
Ss. 15-17 excluded (29.7.2010) by Academies Act 2010 (c. 32), ss. 6(9), 19(2); S.I. 2010/1937, art. 2, Sch. 1
Words in s. 16(1)(c) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 81; S.I. 2014/889, art. 7(a)
Words in s. 16(1)(c) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 8(2)