The School Organisation (Miscellaneous Amendments) (Wales) Regulations 2011

Welsh Statutory Instruments

2011 No. 190 (W.35)

EDUCATION, WALES

The School Organisation (Miscellaneous Amendments) (Wales) Regulations 2011

Made

28 January 2011

Laid before the National Assembly for Wales

1 February 2011

Coming into force

1 March 2011

The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 28 (3), 28(8), 29(3), 29(7) , 31(3), 31(8), 34, 35, 138(7) and (8), and 144 of, and paragraph 7 of Schedule 6, paragraphs 5 and 12 of Schedule 7 and paragraph 2 of Schedule 8 to, the School Standards and Framework Act 1998(1), and in the exercise of the powers conferred on the National Assembly for Wales by sections 113A(9) and 152(5) and (6) of, and paragraphs 20(2), 22, 28(2), 30, 39(2), 40 and 41 of Schedule 7 and paragraph 1 of Schedule 7A to, the Learning and Skills Act 2000(2) and now vested in them, make the following Regulations.

Title, commencement and application

1.—(1) The title of these Regulations is the School Organisation (Miscellaneous Amendments) (Wales) Regulations 2011.

(2) These Regulations come into force on 1 March 2011.

(3) These Regulations apply in relation to Wales.

Amendment of the Education (Schools Organisation Proposals) (Wales) Regulations 1999

2.  The Education (School Organisation Proposals) (Wales) Regulations 1999(3) are amended as follows—

(a) in regulation 5—

(i) before sub-paragraph (a) of paragraph (2) insert—

“(za) on a school day and not fewer than fifteen school days before the end of a school term;”;

(ii) before sub-paragraph (d) of paragraph (3) insert—

“(zd) on a school day and not fewer than fifteen school days before the end of a school term;”;

(iii) before sub-paragraph (a) of paragraph (4) insert—

“(za) on a school day and not fewer than fifteen school days before the end of a school term;”;

(iv) before sub-paragraph (a) of paragraph (5) insert—

“(za) on a school day and not fewer than fifteen school days before the end of a school term;”;

(b) in regulation 7—

(i) in paragraph (2) for the words after “(as the case may be)”, substitute “within the period of one month after the date of publication of the proposals.”; and

(ii) in paragraph (3) for the words after “Schedule 6 to the Act within”, substitute “the period of two weeks after the end of the objection period.”;

(c) in Schedule 5 for the modification to paragraph 7 of Schedule 6 to the School Standards and Framework Act 1998 substitute—

• “That paragraph shall have effect as if—

  • in sub-paragraph (1) for “section 28, 29 or 31” there were substituted “paragraph 10(4)”;

  • in sub-paragraph (2)(a) for “such period as may be prescribed” there were substituted “one month after the date on which the proposals were published”;

  • in sub-paragraph (2)(b) for “such period as may be prescribed” there were substituted “two weeks after the end of the objection period”;

  • in sub-paragraph (3) for “such period as may be prescribed” there were substituted “one month after the date on which the proposals were published””.

Savings in relation to the Education (Schools Organisation Proposals) (Wales) Regulations 1999

3.—(1) Paragraph (2) applies in relation to any proposal published—

(a) before the coming into force of these Regulations; and

(b) to which the Education (School Organisation Proposals) (Wales) Regulations 1999 apply.

(2) The Education (School Organisation Proposals) (Wales) Regulations 1999 continue to apply to that proposal as if the amendments made by these Regulations had not been made.

Amendment of the Education (Maintained Special Schools) (Wales) Regulations 1999

4.—(1) The Education (Maintained Special Schools) (Wales) Regulations 1999(4) are amended as follows—

(a) in regulation 5—

(i) for paragraph (2) substitute—

“(2) Any proposals for the establishment of a school must be published—

(a) on a school day and not fewer than fifteen school days before the end of a school term; and

(b) in at least one newspaper circulating in the area proposed to be served by the school.”;

(ii) before sub-paragraph (a) of paragraph (3) insert—

“(za) on a school day and not fewer than fifteen school days before the end of a school term;”;

(iii) before sub-paragraph (a) of paragraph (4) insert—

“(za) on a school day and not fewer than fifteen school days before the end of a school term;”; and

(iv) before sub-paragraph (a) of paragraph (5) insert—

“(za) on a school day and not fewer than fifteen school days before the end of a school term;”;

(b) in regulation 8—

(i) in paragraph (2) for the words after “(as the case may be)”, substitute “within the period of one month after the date of publication of the proposals.”; and

(ii) in paragraph (3) for the words after “Schedule 6 to the Act within”, substitute “the period of two weeks after the end of the objection period.”; and

(c) in Schedule 4 for the modification to paragraph 7 of Schedule 6 to the School Standards and Framework Act 1998 substitute—

• “That paragraph shall have effect as if—

  • in sub-paragraph (1) for “section 28, 29 or 31” there were substituted “paragraph 10(4)”;

  • in sub-paragraph (2)(a) for “such period as may be prescribed” there were substituted “one month after the date on which the proposals were published”;

  • in sub-paragraph (2)(b) for “such period as may be prescribed” there were substituted “two weeks after the end of the objection period”;

  • in sub-paragraph (3) for “such period as may be prescribed” there were substituted “one month after the date on which the proposals were published””.

Savings in relation to the Education (Maintained Special Schools) (Wales) Regulations 1999

5.—(1) Paragraph (2) applies in relation to any proposal published—

(a) before the coming into force of these Regulations; and

(b) to which the Education (Maintained Special Schools) (Wales) Regulations 1999 apply.

(2) The Education (Maintained Special Schools) (Wales) Regulations 1999 continue to apply to that proposal as if the amendments made by these Regulations had not been made.

Amendment of the Change of Category of Maintained Schools (Wales) Regulations 2001

6.  Schedule 1 to the Change of Category of Maintained Schools (Wales) Regulations 2001(5) is amended as follows—

(a) after “(b) be published” in the modified section 28(3) in Table 3 in Part 1 and the modified section 28(3) as set out in Part 2, insert “on a school day and not fewer than 15 school days before the end of a term.”; and

(b) for the words after “Wales” in the modified paragraph 7(3) of Schedule 6 in Table 3 in Part 1 and the modified paragraph 7(3) of Schedule 6 as set out in Part 2 substitute “within the period of one month after the date of publication of the proposals.”.

Savings in relation to the Change of Category of Maintained Schools (Wales) Regulations 2001

7.—(1) Paragraph (2) applies in relation to any proposal published—

(a) before the coming into force of these Regulations; and

(b) to which the Change of Category of Maintained Schools (Wales) Regulations 2001 apply.

(2) The Change of Category of Maintained Schools (Wales) Regulations 2001 continue to apply to that proposal as if the amendments made by these Regulations had not been made.

Amendment of the School Organisation Proposals by the National Assembly for Wales Regulations 2004

8.  The School Organisation Proposals by the National Assembly for Wales Regulations 2004(6) are amended as follows—

(a) in regulation 5—

(i) before sub-paragraph (a) of paragraph (2) insert—

“(za) on a school day and not fewer than fifteen school days before the end of a school term;”; and

(ii) before sub-paragraph (a) of paragraph (3) insert—

“(za) on a school day and not fewer than fifteen school days before the end of a school term;”;

(b) in regulation 6 for “two months” substitute “one month”;

(c) in regulation 12—

(i) before sub-paragraph (a) of paragraph (2) insert—

“(za) on a school day and not fewer than fifteen school days before the end of a school term;”; and

(ii) before sub-paragraph (a) of paragraph (3) insert—

“(za) on a school day and not fewer than fifteen school days before the end of a school term;”;

(d) in Schedule 4—

(i) before paragraph (i) of sub-paragraph (a) of paragraph 2 insert—

“(zi) on a school day and not fewer than fifteen school days before the end of a school term;”; and

(ii) before paragraph (i) of sub-paragraph (b) of paragraph 2 insert—

“(zi) on a school day and not fewer than fifteen school days before the end of a school term;”.

Savings in relation to the School Organisation Proposals by the National Assembly for Wales Regulations 2004

9.—(1) Paragraph (2) applies in relation to any proposal published—

(a) before the coming into force of these Regulations; and

(b) to which the School Organisation Proposals by the National Assembly for Wales Regulations 2004 apply.

(2) The School Organisation Proposals by the National Assembly for Wales Regulations 2004 continue to apply to that proposal as if the amendments made by these Regulations had not been made.

Leighton Andrews

Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers

28 January 2011

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the—

(a) Education (School Organisation Proposals) (Wales) Regulations 1999,

(b) Education (Maintained Special Schools) (Wales) Regulations 1999,

(c) Change of Category of Maintained Schools (Wales) Regulations 2001, and

(d) School Organisation Proposals by the National Assembly for Wales Regulations 2004,

so that any notice required to be published is published on a school day and not fewer than fifteen school days before the end of a school term.

Once the notice has been published, the time for objections to the proposal is amended so that objections must be received within one month.

The Education (School Organisation Proposals) (Wales) Regulations 1999 and the Education (Maintained Special Schools) (Wales) Regulations 1999 are further amended so that if the publication of the proposals is by a local authority, the local authority must send to the Welsh Ministers copies of the objections with their observations thereon within the period of two weeks after the end of the objection period.

(1)

1998 c. 31.Sections 28 and 29 and Schedules 6 and 8 were amended so that they only apply in relation to Wales by paragraphs 18, 20, 33, 34 of Schedule 3, and Part 3 of Schedule 18 to the Education and Inspections Act 2006 (c. 40). Schedule 7 was amended so that it only applies in relation to Wales by paragraph 14 of Schedule 12 to the Education Act 2005 (c. 18). Section 28(1)(aa) and 28(1)(d) were inserted by section 154 of the Education Act 2002 (c. 32). Section 28(2)(a) was amended by section 64 of the Education Act 2005. The functions of the Secretary of State in the School Standards and Framework Act 1998 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and then to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(2)

2000 c. 21. Section 113A was inserted by the Education Act 2002. Subsection (9)(f) of that section was repealed by paragraph 49 of Schedule 6 to the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22). Schedule 7 was amended by Schedule 5 to the Education Act 2005. Schedule 7A was inserted by Schedule 9 to the Education Act 2002. Paragraph 1A of Schedule 7 was amended by paragraph 53 of Schedule 6 to the Apprenticeships, Skills, Children and Learning Act 2009. References to the National Assembly for Wales in the Learning and Skills Act 2000 were substituted for references to the National Council for Education and Training for Wales by the National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238 (W.243)). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

(3)

S.I. 1999/1671 as amended by S.I. 2004/908 (W.91), S.I. 2006/173 (W.24) and S.I. 2010/1142 (W.101).

(4)

S.I. 1999/1780 as amended by S.I. 2001/3710 (W.306), S.I. 2005/3238 (W.243), S.I. 2009/48 (W.16) and S.I. 2010/1142 (W.101).

(5)

S.I. 2001/2678 (W.219) as amended by S.I. 2005/2916 (W.213) and S.I. 2010/1142 (W.101).

(6)

S.I. 2004/1576 (W.162) as amended by S.I. 2005/3238 (W.243) and S.I. 2010/1142 (W.101).