The School Governors’ Annual Reports (Wales) (Amendment) Regulations 2013

Welsh Statutory Instruments

2013 No. 1561 (W. 142)

Education, Wales

The School Governors’ Annual Reports (Wales) (Amendment) Regulations 2013

Made

24 June 2013

Laid before the National Assembly for Wales

27 June 2013

Coming into force

18 July 2013

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 and application

1.—(1) The title of these Regulations is the School Governors’ Annual Reports (Wales) (Amendment) Regulations 2013 and they come into force on 18 July 2013.

(2) These Regulations apply in relation to Wales.

School Governors’ Annual Reports (Wales) Regulations 2011

2.—(1) The School Governors’ Annual Reports (Wales) Regulations 2011(2) are amended as follows.

(2) In regulation 2 omit the definition of “annual parents’ meeting” (“cyfarfod rhieni blynyddol”).

(3) In regulation 5—

(a) omit paragraphs (1)(c) and (2)(b);

(b) in paragraph (2) omit “and the requirement in paragraph (1)(c)”; and

(c) in paragraph (2)(a) after “paragraphs 1,” insert “1A, 1B,”.

(4) In regulation 6 for “paragraphs (a) and (c) of regulation 5(1) do not apply” substitute “paragraph (a) of regulation 5(1) does not apply”.

(5) For paragraph 1 of Schedule 2 substitute—

“1   Where a governing body has held a parents’ meeting pursuant to section 94 of the School Standards and Organisation (Wales) Act 2013—

(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.”.

(6) After paragraph 1 of Schedule 2 insert—

“1A   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.

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—

(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.”.

Leighton Andrews

Minister for Education and Skills, one of the Welsh Ministers

24 June 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make a number of changes to the School Governors’ Annual Reports (Wales) Regulations 2011 (“the 2011 Regulations”) as a consequence of section 94 of the School Standards and Organisation (Wales) Act 2013 coming into force on 4 May 2013 (“the 2013 Act”).

Section 94 of the 2013 Act gives parents a right to petition for a meeting with the governing body of the school at which their child is a registered pupil. Section 95 of the 2013 Act repeals the duty on a governing body to hold an annual parents’ meeting in section 33 of the Education Act 2002.

Paragraphs (2), (3)(a) and (b) and (4) of regulation 2 of these Regulations omit references in the 2011 Regulations to the duty to hold an annual parents’ meeting in section 33 of the Education Act 2002.

Regulation 5 of the 2011 Regulations provides that a copy of the school governors’ report should be provided free of charge to parents unless one of the exceptions set out in that regulation applies. Paragraph (3)(c) of regulation 2 of these Regulations amends regulation 5 of the 2011 Regulations so as to add to the list of exceptions of when a free copy of the governors’ report must be provided to parents of registered pupils.

Paragraphs (5) and (6) of regulation 2 of these Regulations amend the 2011 Regulations so as to require a governing body to include certain information relating to its duty to hold a parents’ meeting in section 94 of the 2013 Act in its annual report.

(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). 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).

(2)

S.I. 2011/1939 (W.207).