The Education (Maintained Special Schools) (Wales) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under sections 31, 71(7) and 98(5) of, and Schedules 6 and 7 to, the School Standards and Framework Act 1998 (“the 1998 Act”), which are concerned with:

(a) the establishment, alteration and discontinuance of community and foundation special schools, which are referred to in these Regulations as “maintained special schools” (section 31 and Schedule 6);

(b) the rationalisation of school places at maintained special schools (Schedule 7);

(c) provision for securing that pupils at such schools receive or attend (or are withdrawn from their parents from receiving or attending) religious education and religious worship (section 71(7)); and

(d) arrangements for the admission of pupils to such schools (section 98(5)).

Those 1998 Act provisions establish a general framework, leaving many details to be prescribed in Regulations made by the Secretary of State. These Regulations prescribe those details.

The functions of the Secretary of State under the various provisions dealt with in these Regulations will vest in the National Assembly for Wales on 1st July 1999. Since the Regulations do not come into force until 1st September 1999 (when the existing categories of maintained schools move to their new categories under the 1998 Act), this is reflected in the wording of the Regulations which refer to the Assembly, rather than to the Secretary of State.

The Regulations provide, in particular, for the following matters:

(a) alterations to schools for which proposals must be published under section 31 of the 1998 Act (regulation 3 and Schedule 1);

(b) information which must be included in proposals published under section 31 or paragraph 5 of Schedule 7 (regulation 4 and Schedule 2);

(c) the manner of publication of proposals referred to in (c) above and proposals under paragraph 10(4) of Schedule 6 (publication of proposals that the Assembly should determine that proposals under section 31 should not be required to be implemented because implementation would be unreasonably difficult or would not be appropriate by reason of changed circumstances) and paragraph 5 of Schedule 7 (regulation 5);

(d) the information which is to be provided to the Assembly in connection with proposals published under section 31 (regulation 6 and Schedule 3);

(e) persons and bodies to whom a copy of the proposals must be sent (in addition to the Assembly) (regulation 7);

(f) the period within which objections to proposals under section 31 and paragraph 5 of Schedule 7 must be submitted, and the period within which (where objections are required to be sent to the LEA) the LEA must forward objections received by them with their observations thereon to the Assembly (regulation 8);

(g) the persons who must be consulted by the Assembly before the Assembly approves, with modifications, proposals under section 31 (regulation 9);

(h) the persons or bodies–

(i) at whose request the Assembly may modify approved proposals under section 31;

(ii) whom it must consult before modifying such approved proposals; and

(iii) at whose request it may, where approval of such proposals was given in accordance with paragraph 8(3) of Schedule 6 (approval expressed to take effect only if an event specified in the approval occurs by a date so specified), specify a later date by which the event in question must occur (regulation 10);

(i) application of and modification of provisions of the 1998 Act in special cases (regulation 11 and Schedule 4); and

(j) provision requiring arrangements to be made to secure that pupils receive or attend religious education and religious worship (or are withdrawn from receiving or attending religious education or religious worship) (regulation 12); and

(k) arrangements for the admission of pupils (regulation 13).