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Welsh Statutory Instruments

2011 No. 1939 (W.207)

EDUCATION, WALES

The School Governors' Annual Reports (Wales) Regulations 2011

Made

29 July 2011

Laid before the National Assembly for Wales

3 August 2011

Coming into force

1 September 2011

The Welsh Ministers in exercise of the powers conferred on the National Assembly for Wales by sections 30(1) and (2) and 210 of the Education Act 2002(1) and now vested in them make the following Regulations:

Title, commencement, application and revocationE+W

1.—(1) The title of these Regulations is the School Governors' Annual Reports (Wales) Regulations 2011 and they come into force on 1 September 2011.

(2) These Regulations apply in relation to Wales.

(3) The regulations set out in Schedule 1 are revoked.

Commencement Information

I1Reg. 1 in force at 1.9.2011, see reg. 1(1)

[F1Disapplication of certain requirements for the 2019-2020 school yearE+W

1A.  The information specified in paragraphs 6, 7 and 8(b) of Schedule 2 and relating to the 2019-2020 school year(6) must not be included in any governors’ report.]

Textual Amendments

[F2Disapplication of certain requirements for the 2020-2021 school yearE+W

1B.  The information specified in paragraphs 6, 7 and 8(b) of Schedule 2 and relating to the 2020-2021 school year(5) must not be included in any governors’ report.]

Textual Amendments

[F3Disapplication of certain requirements for the 2021-2022 school yearE+W

1C.  The information specified in paragraphs 6, 7 and 8(b) of Schedule 2 and relating to the 2021-2022 school year(5) must not be included in any governors’ report.]

Textual Amendments

InterpretationE+W

2.  In these Regulations—

“the 1996 Act” (“Deddf 1996”) means the Education Act 1996(2);

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998(3);

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002;

F4...

“budget share” (“cyfran o'r gyllideb”) means the amount allocated to the governing body by virtue of section 47 of the 1998 Act(4);

“DEWi” (“DEWi”) means the data exchange Wales initiative database maintained and published by the Welsh Ministers(5);

F5...

“governors' report” (“adroddiad llywodraethwyr”) means the report which the governing body is required to prepare once in every school year under section 30 of the 2002 Act;

F5...

“language category” (“categori iaith”) means the category used for defining the type and extent of Welsh medium education provision made by a school and set out in the information document entitled [F6“Guidance on school categories according to Welsh-medium provision” first published by the Welsh Ministers on 16 December 2021];

F7...

[F8“nursery year” (”blwyddyn meithrin”) means the school year in which the majority of the pupils in the year group attain the age of 4;]

“parent” (“rhiant”) has the meaning given to it by section 576 of the 1996 Act(7);

“reporting school year” (“blwyddyn adrodd yr ysgol”) means the school year immediately preceding the school year in which the information is published by the governing body;

F5...

“Summary of Secondary School Performance” (“Crynodeb Perfformiad Ysgol Uwchradd”) means the summary of a school’s performance published by the Welsh Ministers on DEWi; and

“unauthorised absence” (“absenoldeb anawdurdodedig”) means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) (Wales) Regulations 2010(8) and “authorised absence” (“absenoldeb awdurdodedig”) must be construed accordingly.

[F8“year 11” (“blwyddyn 11”) means the school year in which the majority of pupils in the year group attain the age of 16;]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.9.2011, see reg. 1(1)

Matters to be dealt with in a governors' reportE+W

3.  Every governors' report must contain the information specified in Schedule 2.

Commencement Information

I3Reg. 3 in force at 1.9.2011, see reg. 1(1)

Requirements with respect to governors' reportE+W

4.—(1) Subject to paragraph (2) below, it must be for the governing body to determine the language or languages in which the governors' report is to be produced, and the form or forms in which it is to be produced.

(2) The governing body must comply with any direction given by the local authority by which the school is maintained with respect to any additional language to be used or with respect to any additional form in which the report is to be produced.

Commencement Information

I4Reg. 4 in force at 1.9.2011, see reg. 1(1)

5.—(1) The governing body must take such steps as are reasonably practicable to secure that—E+W

(a)the parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the governors' report;

(b)copies of the report are available for inspection (at all reasonable times and free of charge) at the school; and

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The requirement in paragraph (1)(a), in so far as it relates to parents of registered pupils, F10... will not apply if—

(a)the governing body takes such steps as are reasonably practicable to secure that parents of all registered pupils at the school are given (free of charge) a copy of the information contained in the report by virtue of paragraphs 1, [F111A, 1B] [F12or 1C], 3, F13... 6, [F147, 11 and 19] of Schedule 2 [F15(unless such information is not required by virtue of regulation 1B)] and notify such parents at the same time of their right to be provided with a copy of the full report in accordance with regulation 6; and

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5Reg. 5 in force at 1.9.2011, see reg. 1(1)

6.  Where (by virtue of regulation 5(2)) [F17paragraph (a) of regulation 5(1) does not apply], the governing body must provide a copy of their full report to any parent of a registered pupil at the school on being requested in writing to do so.E+W

Textual Amendments

Commencement Information

I6Reg. 6 in force at 1.9.2011, see reg. 1(1)

Leighton Andrews

Minister for Education and Skills, one of the Welsh Ministers

29 July 2011

Regulation 1

SCHEDULE 1E+WREGULATIONS REVOKED

Commencement Information

I7Sch. 1 in force at 1.9.2011, see reg. 1(1)

Regulations revokedReferencesExtent of revocation
The School Governors' Annual Reports (Wales) Regulations 2001S.I.2001/1110 (W.54)The whole regulations
The School Governors' Annual Reports (Wales) (Amendment) Regulations 2002S.I. 2002/1401 (W.140)The whole regulations
The School Governors' Annual Reports (Wales) (Amendment) Regulations 2004S.I. 2004/1735 (W.178)The whole regulations
The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (Wales) Regulations 2010S.I. 2010/2431 (W.209)Regulation 5

Regulation 3

SCHEDULE 2E+WINFORMATION TO BE CONTAINED IN GOVERNORS' REPORTS

[F181.  Where a governing body has held a parents’ meeting pursuant to section 94 of the School Standards and Organisation (Wales) Act 2013—E+W

(a)the date the meeting was held;

(b)the place the meeting was held;

(c)the reasons given by the parents of registered pupils at the school for petitioning for a meeting;

(d)the names of the following who attended the meeting—

(i)members of the governing body;

(ii)members of the school staff;

(iii)representatives from the local authority; and

(iv)the name of any other person except that of a parent of a registered pupil not attending in their capacity as a parent governor member of the governing body;

(e)how many parents of registered pupils at the school attended the meeting;

(f)a brief description of the matters discussed at the meeting;

(g)a brief description of the action the governing body resolved to take, if any, as a consequence of the matters discussed at the meeting; and

(h)a brief description of the result of the action taken by the governing body, if any, as a consequence of the matters discussed at the meeting.]

Textual Amendments

Commencement Information

I8Sch. 2 para. 1 in force at 1.9.2011, see reg. 1(1)

[F191A  Where a governing body has not held a parents’ meeting pursuant to section 94 of the School Standards and Organisation (Wales) Act 2013 a brief statement to that effect.E+W

Textual Amendments

1B  Where a governing body has received a petition to hold a parents’ meeting pursuant to section 94 of the School Standards and Organisation (Wales) Act 2013 but no meeting was held—E+W

(a)a brief statement to that effect;

(b)the purpose given by the parents for the need to hold a meeting; and

(c)the reason why a meeting was not held.]

Textual Amendments

2.  The following particulars of members of the governing body and its clerk—E+W

(a)the name of each governor stating, in each case, the category (according to the definitions contained in Part 2 of the Government of Maintained Schools (Wales) Regulations 2005(9)) to which the governor belongs and, where the governor is an ex officio governor, that they are such a governor;

(b)in the case of an appointed governor, the person by whom that person was appointed;

(c)in relation to each governor who is not an ex officio governor, the date on which that person’s term of office comes to an end; and

(d)the name, and address of the chairman of the governing body and its clerk.

Commencement Information

I9Sch. 2 para. 2 in force at 1.9.2011, see reg. 1(1)

3.  Any information as is available to the governing body about the arrangements for the next election of parent governors.E+W

Commencement Information

I10Sch. 2 para. 3 in force at 1.9.2011, see reg. 1(1)

4.  A financial statement—E+W

(a)reproducing or summarising any financial statement of which a copy has been provided to the governing body by the local authority under section 52 of the 1998 Act(10) since the previous governors' report;

(b)indicating, in general terms, how any sum made available to the governing body by the authority (including the school’s budget share) in the period covered by the report was used;

(c)giving details of the application of any gifts made to the school in that period; and

(d)stating the total amount of any travelling and subsistence allowances paid to members of the governing body in that period.

Commencement Information

I11Sch. 2 para. 4 in force at 1.9.2011, see reg. 1(1)

F205.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F205A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

6.  In the case of a school with registered pupils aged 15 at the beginning of the reporting school year, the most recent Summary of Secondary School Performance in relation to the school.E+W

Commencement Information

I12Sch. 2 para. 6 in force at 1.9.2011, see reg. 1(1)

7.—(1) The number of unauthorised absences and authorised absences in the reporting school year expressed as a percentage of the total number of possible attendances in that year.E+W

(2) For the purposes of this paragraph “the total number of possible attendances” means the number produced by multiplying the number of registered pupils in the school at the beginning of the reporting year by the number of school sessions in that year.

Commencement Information

I13Sch. 2 para. 7 in force at 1.9.2011, see reg. 1(1)

8.  The information relating to—E+W

(a)pupils leaving the school, or employment or training taken up by pupils on leaving the school; and

(b)authorised and unauthorised absence of pupils,

which is required to be published in the school prospectus in accordance with regulations made under section 537(1) of the 1996 Act(11).

Commencement Information

I14Sch. 2 para. 8 in force at 1.9.2011, see reg. 1(1)

9.  The steps taken by the governing body to develop or strengthen the school’s links with the community (including links with the police).E+W

Commencement Information

I15Sch. 2 para. 9 in force at 1.9.2011, see reg. 1(1)

F2110.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

11.  In relation to the period since the previous governors' report a summary of the provision made for pupils to participate in sport at the school F22....E+W

Textual Amendments

Commencement Information

I16Sch. 2 para. 11 in force at 1.9.2011, see reg. 1(1)

12.  A summary of any review carried out by the governing body in respect of any policies or strategies adopted by them in the exercise of their functions in relation to the school and of any action taken by them following such a review.E+W

Commencement Information

I17Sch. 2 para. 12 in force at 1.9.2011, see reg. 1(1)

13.  The dates of the beginning and end of each school term, and of half-term holidays, for the next school year.E+W

Commencement Information

I18Sch. 2 para. 13 in force at 1.9.2011, see reg. 1(1)

14.—(1) A summary of any changes to information contained (pursuant to regulations made under sections 408 or 537 of the 1996 Act(12) or under section 92 of the 1998 Act(13)) in the school prospectus since the previous governors' report was prepared.E+W

(2) Where regulations are made under sections 408 or 537 of the 1996 Act or under section 92 of the 1998 Act which requires schools to publish different information in different prospectuses, sub-paragraph (1) will be taken to refer to all such prospectuses.

Commencement Information

I19Sch. 2 para. 14 in force at 1.9.2011, see reg. 1(1)

15.  A statement on the curriculum and organisation of education and teaching methods at the school, including details of any special arrangements in the curriculum or otherwise for particular categories of pupils, including those with a statement of special educational needs made pursuant to section 324 of the 1996 Act(14).E+W

Commencement Information

I20Sch. 2 para. 15 in force at 1.9.2011, see reg. 1(1)

16.  The language category which most closely describes the school.E+W

Commencement Information

I21Sch. 2 para. 16 in force at 1.9.2011, see reg. 1(1)

17.  Particulars as to the use of the Welsh language in the school by pupils of all age groups or of different age groups including, in particular—E+W

[F23(a)the use of Welsh as the language of instruction for pupils in each year from the nursery year to year 11 and the extent to which alternative instruction in English is available;]

(b)of the extent, if any, to which Welsh is the usual language of communication at the school;

(c)any restriction that applies to a parent’s ability to choose the language in which instruction is given; and

(d)a brief description of the arrangements at the school to facilitate continuity in the extent of instruction in Welsh for pupils—

(i)whilst registered at the school; and

(ii)transferring from the school, where that school is a primary school, to a secondary school.

Textual Amendments

Commencement Information

I22Sch. 2 para. 17 in force at 1.9.2011, see reg. 1(1)

18.  A brief statement on the provision of toilet facilities at the school for pupils registered at the school and the arrangements in place for cleaning such toilet facilities.E+W

Commencement Information

I23Sch. 2 para. 18 in force at 1.9.2011, see reg. 1(1)

[F2419.  A summary of the school development plan prepared by the governing body in accordance with the Education (School Development Plans) (Wales) Regulations 2014.]E+W

Textual Amendments

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 30 of the Education Act 2002 and re-enact with changes the School Governors' Annual Reports (Wales) Regulations 2001 which are revoked (together with other associated regulations).

Like those 2001 Regulations, the present Regulations set out—

(a)the information to be contained in governors' reports under section 30 of the Education Act 2002 (regulation 3 and Schedule 2);

(b)requirements with respect to the language or languages in which such reports must be produced (regulation 4); and

(c)requirements with respect to providing parents with copies of such reports and making such reports available for inspection at the school (regulations 5 and 6).

(1)

2002 c. 32. Sub-sections (1) and (2) of section 30 were amended by the Education Act 2005 (c. 18), section 103(1)(a). Sub-sections (3) and (4) of section 30 were amended by the Education Act 2005, section 103(1)(b). The functions of the National Assembly for Wales under sections 30 and 210 of the Education Act 2002 were transferred to the Welsh Ministers under paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(4)

Sub-section (1) was amended by the Education Act 2005, Schedule 16, paragraphs 6(1), (2)(a) and (b). Sub-section (2) was amended by the Education Act 2005, Schedule 16, paragraph 6(1), (3)(a), (b), (c) and (d) and by S.I. 2010/1158. Sub-section (2A) was inserted by the Education Act 2005, Schedule 16, paragraph 6(1) and (4).

(5)

The website for DEWi is www.dataexchangewales.org.uk.

(6)

Section 103(1)(a) was repealed by section 26(3) of the Education (Wales) Measure 2009 (Nawm 5), but that repeal has not yet been commenced. Section 103(4) was amended by paragraphs 11 to 13 of the Schedule to the Learning and Skills (Wales) Measure 2009 (Nawm 1).

(7)

Sub-section (1) was amended by the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraph 180(a) and sub-section (2) was repealed by that Act, Schedule 30, paragraph 180(2).

(9)

S.I. 2005/2914 (W.211) as amended by S.I. 2005/3200 (W.236), S.I. 2006/873 (W.81), S.I. 2007/944 (W.80) and S.I. 2010/638 (W.64).

(10)

Sub-section (1) was amended by the Education Act 2005 (c. 18), Schedule 18, paragraph 10(1), (2)(a) and (b). Sub-sections (1) and (2) were amended by the Apprenticeships, Skills, Children and Learning Act 2009, section 253(1) and (2) (c.22). Sub-section (1A) was inserted by the Education 2005, Schedule 18, paragraph 10(1) and (3). Sub-sections (1), (1A), (2), (2A) and (7) were also amended by S.I. 2010/1158. Sub-section (2) was amended by the Education Act 2002 (c. 32), Schedule 18, paragraph 10(1), (4)(a) and (b). Sub-section (2)(b) was amended by the Education Act 2002, Schedule 22, Part 3. Sub-section (2)(d) was amended by the Education Act 2002, section 45(1) and (2). Sub-section (2A) was inserted by the Education Act 2002, section 45(1) and (3) and sub-section (2B) was inserted by the Education Act 2005, Schedule 18, paragraph 10(1) and (5).

(11)

Sub-section (1) was substituted by the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraph 152(a). Sub-sections (1), (6) and (7) were amended by S.I. 2010/1158. Sub-section (4) was inserted by the Education Act 1997 (c. 44), Schedule 7, paragraph 37. Sub-section (7)(a) was amended by the School Standards and Framework Act 1998, Schedule 30, paragraph 152(b) and Schedule 31. Sub-section (7)(b) was amended by the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraphs 1 and 60. Sub-section (7)(b) was further amended by the Education Act 2002 (c. 32), Schedule 7, Part 2, paragraph 6(1) and (5). Sub-sections (9) and (10) were repealed by the Education Act 2002, Schedule 22, Part 3.

(12)

Section 408 was amended by paragraph 30 of Schedule 7 and Schedule 8 to the Education Act 1997 (c. 44), paragraphs 57 and 106 of Schedule 30 and Schedule 31 to the School Standards and Framework Act 1998, paragraph 57 of Schedule 9 to the Learning and Skills Act 2000 (c. 21), Schedule 21 of the Education Act 2002, Schedule 12 and Part 7 of Schedule 16 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and by S.I. 2010/1158.

(13)

Substituted by the Education Act 2002, Schedule 4, paragraph 7.

(14)

Sub-section (4A) was inserted by the Special Educational Needs and Disability Act 2001, section 9. Sub-section (5)(b) was amended by the School Standards and Framework Act 1998, Schedule 30, paragraph 77(a) and the Education Act 2002, Schedule 21, paragraph 43. Sub-section (5A) was inserted by the School Standards and Framework Act 1998, Schedule 30, paragraph 77(b). Sub-sections (1), (4) and (5) were amended by S.I. 2010/1158.

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