Legalize / United Kingdom / Wales / Act of Senedd Cymru

School Standards and Organisation (Wales) Act 2013

Type Act of Senedd Cymru

Publication 2013-03-04

Last updated 2026-09-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

(1) Proposals made in accordance with a direction under section 66 may not be withdrawn without the consent of the Welsh Ministers.

(2) The Welsh Ministers may give consent for the purposes of subsection (1) subject to conditions.

(3) The local authority must reimburse expenditure reasonably incurred by the governing body of a school maintained by it in making proposals in accordance with a direction under section 66.

(4) Despite anything in Part 1 of Schedule 3 (responsibility for implementation of statutory proposals), the local authority must meet the cost of implementing proposals made by the governing body of a school maintained by the authority in accordance with a direction under section 66 which have been approved or determined to be implemented.

Proposals by Welsh Ministers

68

(1) This section applies where—

(a) the Welsh Ministers have given a direction under section 66, and

(b) either—

(i) proposals have been published in accordance with the direction, or

(ii) the time allowed under the direction for the publication of the proposals has expired.

(2) The Welsh Ministers may make any proposals that could have been made in accordance with the direction.

(3) Before publishing proposals under this section, the Welsh Ministers must consult on the proposals in accordance with the code issued under section 38(1) for the time being in force.

(4) The proposals must be published in accordance with the code issued under section 38(1) for the time being in force.

(5) The Welsh Ministers must send a copy of the proposals to—

(a) local authorities whose areas are affected by the proposals, and

(b) the governing body of each school to which the proposals relate.

Objections

69

(1) Any person may object to proposals published under section 68.

(2) Objections must be sent in writing to the Welsh Ministers before the end of 28 days beginning with the day on which the proposals were published.

Adoption of proposals

70

(1) The Welsh Ministers may, after considering any objections made in accordance with section 69 (and not withdrawn)—

(a) adopt the proposals with or without modifications, or

(b) determine not to adopt the proposals.

(2) The adoption of proposals may be expressed to take effect only if an event specified in the adoption occurs by a date so specified.

(3) Proposals adopted by the Welsh Ministers have effect as if they had been approved by the Welsh Ministers under section 50 after having been made—

(a) by the local authority under its powers to make proposals to establish, alter or discontinue schools, or

(b) in the case of proposals to alter a foundation or voluntary school, by the governing body under its powers to make proposals to alter its school.

(4) Despite anything in Part 1 of Schedule 3 (responsibility for implementation of statutory proposals), the local authority that maintains the school in question must meet the cost of implementing proposals adopted under subsection (1) which have effect as mentioned in subsection (3)(b).

CHAPTER 5 — PROPOSALS FOR RESTRUCTURING SIXTH FORM EDUCATION

Making and determining proposals

Welsh Ministers’ powers to restructure sixth form education

71

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Consultation, publication and objections

72

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Determination by Welsh Ministers

73

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Implementation of proposals for restructuring sixth form education

Form of implementation

74

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Responsibility for implementation

75

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Further provision as to implementation

76

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Supplementary

Consequential amendments to inspection reports on sixth form education

77

After section 44 of the Education Act 2005 insert—

(44A) (1) Sections 44B to 44D apply to a maintained school in Wales which— (a) provides full-time education suitable to the requirements of pupils over compulsory school age, and (b) provides full-time education suitable to the requirements of pupils of compulsory school age. (2) For the purposes of those sections a school requires significant improvement in relation to its sixth form if— (a) the school is failing to give its pupils over compulsory school age an acceptable standard of education, or (b) in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform. (44B) (1) Where a person inspecting a school under Chapter 3 is of the opinion that the school requires significant improvement in relation to its sixth form, the provisions specified in subsection (2) apply (with the necessary modifications) as they apply where the person is of the opinion that special measures are required to be taken in relation to the school. (2) Those provisions are section 34(1) to (6) (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate). (44C) (1) This section applies if in the course of an area inspection under section 83 of the Learning and Skills Act 2000 the Chief Inspector forms the opinion that a school requires significant improvement in relation to its sixth form. (2) The Chief Inspector must make a report about the school stating that opinion. (3) The report is to be treated for the purposes of this Part as if it were a report of an inspection of the school under section 28. (44D) (1) This section applies to a report of an inspection under Chapter 3 which— (a) states an opinion that a school requires significant improvement in relation to its sixth form, and (b) is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion. (2) The person making the report must send a copy (together with a copy of the summary, if there is one)— (a) to the Welsh Ministers, and (b) if the person making the report is a member of the Inspectorate, to the appropriate authority for the school. (3) The following provisions apply (with the necessary modifications) in relation to a report to which this paragraph applies— (a) section 38(2) (additional copies), (b) section 38(4) (publication by appropriate authority), (c) section 39 (action plan by appropriate authority), and (d) where the local authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local authority). (4) In the application of those provisions— (a) a reference to a report and summary is to be taken as a reference to a report and, if there is one, its summary, and (b) a reference to a summary alone is to be taken, in a case where there is no summary, as a reference to the report. (44E) (1) This section applies if in the course of an area inspection under section 83 of the Learning and Skills Act 2000 the Chief Inspector forms the opinion that— (a) special measures are required to be taken in relation to a sixth form school, or (b) that a sixth form school requires significant improvement. (2) The Chief Inspector must make a report about the school stating that opinion. (3) The report is to be treated for the purpose of this Part as if it were a report of an inspection of the school under section 28. (4) A “sixth form school” is a maintained school which— (a) provides full-time education suitable to the requirements of pupils over compulsory school age, and (b) does not provide full-time education suitable to the requirements of pupils of compulsory school age. (44F) In sections 44A to 44E— - “the appropriate authority”, in relation to a maintained school, means the school's governing body or, if the school does not have a delegated budget, the local authority; - “the Chief Inspector” means Her Majesty's Chief Inspector of Education and Training in Wales; - “maintained school” means a community, foundation or voluntary school or a community special school; - “member of the Inspectorate” means the Chief Inspector, any of Her Majesty's Inspectors of Education and Training in Wales and any additional inspector appointed under paragraph 2 of Schedule 2.

CHAPTER 6 — MISCELLANEOUS AND SUPPLEMENTAL

Federated schools

78

Proposals made under this Part to establish a new school may relate to the establishment of the school as a federated school (within the meaning given by section 21(1) of the Education (Wales) Measure 2011).

Prohibition on local authorities establishing schools in England

79

No proposals may be made for the establishment of a school in England which is proposed to be maintained by a local authority in Wales.

Notice by governing body to discontinue foundation or voluntary school

80

(1) The governing body of a foundation or voluntary school may discontinue the school by giving the Welsh Ministers and the local authority that maintains the school two years' notice of its intention to do so.

(2) The Welsh Ministers' consent is required before giving a notice under this section if expenditure has been incurred on the school premises (otherwise than in connection with repairs)—

(a) by the Welsh Ministers, or

(b) by any local authority.

(3) The governing body must consult the Commission for Tertiary Education and Research before giving a notice under this section if discontinuing the school would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19.

(4) If, while a notice under this section is in force, the governing body informs the local authority that it is unable or unwilling to carry on the school until the notice expires, the authority—

(a) may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and

(b) is entitled to use the school premises free of charge for that purpose.

(5) While the school is being so conducted—

(a) the authority must keep the school premises in good repair, and

(b) any interest in the premises which is held for the purposes of the school is to be treated, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, as vested in the authority.

(6) Despite subsection (5) the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if it had continued to carry on the school during the unexpired period of the notice.

(7) A notice under subsection (1) may not be withdrawn without the consent of the local authority.

(8) If a foundation or voluntary school is discontinued under this section, the duty of the local authority to maintain the school as a foundation or voluntary school ceases.

(9) Nothing in section 43 applies in relation to the discontinuance of a foundation or voluntary school under this section.

(10) Subsection (11) applies where—

(a) land occupied by the school is held by any trustees for the purposes of the school,

(b) the trustees (being entitled to do so) intend to give notice to the governing body of the school to terminate the school's occupation of that land, and

(c) the termination of the school's occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site.

(11) The notice given by the trustees to the governing body to terminate the school's occupation of the land must be at least two years; but if, during the first twelve months of that notice period, the governing body gives notice under subsection (1), the trustees' notice does not have the effect of terminating the school's occupation of the land until the expiry of the governing body's notice.

(12) A copy of the trustees' notice must also be given to the Welsh Ministers and the local authority at the time when the notice is given to the governing body.

(13) Where trustees give, at the same (or substantially the same) time, notices purporting to terminate a foundation or voluntary school's occupation of two or more pieces of land held by the trustees for the purposes of the school, then for the purpose of determining whether subsection (10)(c) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the school's occupation of both or all of them.

(14) If a question arises as to whether the termination of a school's occupation of any land would have the result mentioned in subsection (10)(c) (including a question as to whether subsection (13) applies in any particular circumstances), it is to be determined by the Welsh Ministers.

Direction requiring discontinuance of community special school

81

(1) The Welsh Ministers may direct a local authority to discontinue a community special school maintained by it on a specified date, if they consider it expedient to do so in the interests of the health, safety or welfare of pupils at the school.

(2) A direction under subsection (1) may require the local authority to notify specified persons or a specified class of persons.

(3) Before giving a direction under subsection (1), the Welsh Ministers must consult—

(a) the local authority,

(b) any other local authority that would in their opinion be affected by the discontinuance of the school, and

(4) On giving a direction under subsection (1), the Welsh Ministers must give notice in writing of the direction to the governing body of the school and its head teacher.

(5) A local authority to which a direction is given under subsection (1) must discontinue the school in question on the date specified in the direction.

(6) Nothing in section 44 applies to the discontinuance of a school under this section.

Transitional exemption orders for purposes of Equality Act 2010

82

(1) This section applies to proposals for a school to cease to be a single-sex school.

(2) The making of such proposals under section 59 or 68 is to be treated as an application by the responsible body to the Welsh Ministers for a transitional exemption order under the 2010 Act, and the Welsh Ministers may make such an order accordingly.

(3) In this section—

“the 2010 Act” (“Deddf 2010”) means the Equality Act 2010;

“make” (“gwneud”), in relation to a transitional exemption order, includes vary or revoke;

“the responsible body” (“y corff sy’n gyfrifol”) has the same meaning as in section 85 of the 2010 Act;

“single-sex school” (“ysgol un rhyw”) has the same meaning as in paragraph 1 of Schedule 11 to the 2010 Act;

“transitional exemption order” (“gorchymyn esemptio trosiannol”) has the same meaning as in paragraph 3 of Schedule 11 to the 2010 Act.

Interpretation of Part 3

83

(1) In this Part—

“powers to make proposals to establish, alter or discontinue schools” (“pwerau i wneud cynigion i sefydlu, newid neu derfynu ysgolion”) means all or any of the powers of a local authority to make proposals under section 41, 42, 43 or 44;

“powers to make proposals to alter its school” (“pwerau i wneud cynigion i newid ei ysgol”), in relation to the governing body of a foundation or voluntary school, means its powers to make proposals under section 42(2).

(2) A reference in this Part to a school's category means one of the categories set out in section 20(1) of the School Standards and Framework Act 1998 (and references to a change of category are to be read accordingly).

(3) A reference in this Part to the discontinuance of a maintained school is a reference to the local authority ceasing to maintain it.

PART 4 — WELSH IN EDUCATION STRATEGIC PLANS

Preparation of Welsh in education strategic plans

84

(1) A Welsh in education strategic plan is a plan which contains—

(a) a local authority's proposals on how it will carry out its education functions to—

(i) improve the planning of the provision of education through the medium of Welsh (“Welsh medium education”) in its area;

(ii) improve the standards of Welsh medium education and of the teaching of Welsh in its area;

(b) the local authority's targets for improving the planning of the provision of Welsh medium education in its area and for improving the standards of that education and of the teaching of Welsh in its area;

(2) A local authority must prepare a Welsh in education strategic plan for its area.

(3) A local authority must keep its plan under review, and if necessary, revise it.

(4) In preparing a Welsh in education strategic plan or revised plan, a local authority must consult—

(a) its neighbouring local authorities;

(b) the head teacher of each school maintained by it;

(d) each institution within the further education sector in its area;

(e) in relation to any foundation or voluntary school in its area—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body;

(f) other prescribed persons.

(5) If a local authority carries out an assessment of the demand for Welsh medium education in accordance with regulations under section 86, it must take the results of that assessment into account when it next prepares or revises its Welsh in education strategic plan.

Approval, publication and implementation of Welsh in education strategic plans

85

(1) A local authority which has prepared a Welsh in education strategic plan must submit it to the Welsh Ministers for their approval.

(2) The Welsh Ministers may—

(a) approve the plan as submitted,

(b) approve the plan with modifications, or

(3) If a local authority wishes to amend its plan, it must submit a revised plan to the Welsh Ministers.

(4) The Welsh Ministers may approve the revised plan, with or without modifications.

(5) The Welsh Ministers must consult a local authority before—

(a) they modify its plan under subsection (2)(b),

(b) they prepare another plan to replace the authority's plan under subsection (2)(c), or

(6) A local authority must publish its approved Welsh in education strategic plan (or revised plan).

(7) A local authority must take all reasonable steps to implement its approved Welsh in education strategic plan (or revised plan).

Assessing demand for Welsh medium education

86

(1) The Welsh Ministers may require a local authority, in accordance with regulations, to carry out an assessment of the demand among parents in its area for Welsh medium education for their children.

(2) Regulations under subsection (1) may (among other things) make provision about when and how to make an assessment.

Regulations and guidance

87

(1) The Welsh Ministers may make regulations about Welsh in education strategic plans.

(2) The regulations may make further provision about the following matters (among other things)—

(a) the form and content of a plan;

(b) the timing and duration of a plan;

(d) consultation during the preparation and revision of a plan;

(e) the submission of a plan for approval;

(f) when and how to publish a plan.

(3) The regulations may make provision enabling the preparation of a joint plan by two or more local authorities, and any such regulations may modify any provision of this Part in its application to joint plans.

(4) A local authority must, in the exercise of its functions under this Part, have regard to any guidance issued by the Welsh Ministers.

PART 5 — MISCELLANEOUS SCHOOLS FUNCTIONS

Free breakfasts in primary schools

Duty to provide free breakfasts for pupils in primary schools

88

(1) A local authority must provide breakfasts on each school day for pupils at a primary school maintained by the authority, if—

(a) the governing body of the school has asked the authority in writing for breakfasts to be provided, and

(b) 90 days have passed, beginning with the day following the day on which the request was received.

(2) The duty in subsection (1) does not apply (or ceases to apply) in relation to a request from a governing body if either of the following paragraphs applies—

(a) the governing body has asked the authority in writing to stop providing breakfasts;

(b) it would be unreasonable to provide the breakfasts and the local authority has notified the governing body in writing that as a result—

(i) it is not going to provide breakfasts, or

(ii) it is going to stop providing breakfasts.

(3) If the duty under subsection (1) applies, the local authority must provide breakfast for each pupil who asks the authority for it; for this purpose, the request may be made by or on behalf of the pupil.

(4) Breakfasts provided by a local authority under this section—

(a) may take any form the authority thinks fit, subject to any regulations made under section 4 of the Healthy Eating in Schools (Wales) Measure 2009 (requirements for food and drink provided on school premises);

(b) must be provided free of charge;

(d) must be available before the start of each school day, except in the case of a community special school where breakfasts may be made available before or at the start of each school day.

(5) In exercising its functions, a local authority or a governing body of a primary school maintained by a local authority must have regard to any guidance given by the Welsh Ministers about providing breakfasts for pupils.

Transitional provision

89

(1) Where a local authority that maintains a primary school, or its governing body, is already providing breakfast for pupils of the school at the time section 88 comes into force, that section applies in relation to the school as if—

(a) a request had been made under that section for provision of breakfasts by the governing body,

(b) 90 days have passed, beginning with the day following the day on which the request was received, and

(2) Subsection (3) applies where, before the coming into force of section 88, a request in writing for the provision of breakfasts for pupils has been made by the governing body of the primary school to the local authority that maintains the school, but neither the local authority nor the governing body has been providing breakfast for pupils of the school.

(3) The request made before the coming into force of section 88 has effect as a request under that section made on the day that the section came into force.

Interpretation of sections 88 and 89

90

In sections 88 and 89—

“primary school” (“ysgol gynradd”) means a school that provides primary education (whether or not it also provides other kinds of education);

“provide” (“darparu”) includes arranging provision;

“pupil” (“disgybl”) means a child receiving primary education at the school (whether or not the child is a registered pupil).

Power to charge for meals

Amendment to power to charge for school meals etc

91

(1) Part 9 of the Education Act 1996 (ancillary functions) is amended as set out in subsections (2) and (3).

(2) In section 512ZA (power to charge for meals etc)—

(a) in subsection (1A), omit “in England”;

(b) omit subsection (2).

(3) In section 533 (functions of governing bodies of maintained schools with respect to provision of school meals etc)—

(a) in subsection (3A), omit “in England”;

(b) omit subsection (4).

School-based counselling

Independent counselling services for school pupils and other children

92

(1) A local authority must secure reasonable provision for a service providing counselling in respect of health, emotional and social needs (an “independent counselling service”) for—

(a) registered pupils receiving secondary education at—

(i) schools maintained by the authority, and

(ii) other schools in its area;

(b) other persons belonging to the authority's area who have attained the age of 11 but not the age of 19;

(i) schools maintained by the authority, and

(ii) other schools in its area;

(d) such other persons receiving primary education as the Welsh Ministers may specify in regulations.

(2) In securing provision of an independent counselling service under this section, a local authority must have regard—

(a) to the principle that the service is to be independent of—

(i) the governing body or other proprietor of a school at which a person to whom the service is provided is receiving education, and

(ii) the management of a school at which a person to whom the service is provided is receiving education;

(b) to guidance given by the Welsh Ministers.

(3) A local authority must secure that an independent counselling service is provided on the site of each school maintained by the authority that provides secondary education (whether or not it also provides other kinds of education).

(4) A local authority may secure the provision of an independent counselling service at other locations.

(5) The Welsh Ministers may by regulations require the provision of an independent counselling service at other locations.

Information about independent counselling services

93

(1) A local authority must comply with a direction given by the Welsh Ministers to the authority—

(a) to compile information about the independent counselling service it secures under section 92;

(b) to provide information about that service to the Welsh Ministers.

(2) A direction under subsection (1) may include instructions to compile or provide information in a way, and at a time, specified in the direction.

(3) A direction under subsection (1) may not require a local authority—

(a) to provide information about an identified individual;

(b) to provide information in a way that, either by itself or in combination with any other information, identifies any individual to whom it relates or enables that individual to be identified.

(4) If the person providing an independent counselling service is not the local authority—

(a) the local authority must give the person providing the service a copy of any direction given to the authority under subsection (1), and

(b) the person providing the service must compile the information necessary for compliance with the direction, and provide it to the local authority, in a way that does not identify the individuals to whom it relates, or enable them to be identified (either by itself or in combination with other information).

(5) A direction under this section—

(a) must be in writing;

(b) may be varied or revoked by a later direction;

Parents' meetings

Duty of governing body of maintained schools to hold meetings following petition by parents

94

(1) The governing body of a maintained school must hold a meeting (“the meeting”) if it receives a petition from parents of registered pupils at the school requesting a meeting and it is satisfied that each of the following four conditions is satisfied.

(2) The first condition is that the petition contains the signatures of the required minimum number of parents of registered pupils at the school.

(3) The required minimum number of parents is the lower of the following—

(a) the parents of 10% of registered pupils, or

(b) the parents of 30 registered pupils.

(4) For the purpose of subsection (3), the number of registered pupils is to be calculated by reference to the number of registered pupils on the day the petition is received.

(5) The second condition is that the meeting requested is for the purpose of discussing a matter relating to the school.

(6) The third condition is that, should a meeting be held, there would be no more than three meetings held under this section during the school year in which the petition is received.

(7) The fourth condition is that there are enough school days left in the school year for the requirement in subsection (8) to be complied with.

(8) The meeting must be held before the end of a 25 day period.

(9) For the purpose of subsection (8), the 25 day period—

(a) begins on the first day after the day on which the petition is received (subject to subsection (10)), and

(b) does not include any day which is not a school day.

(10) If another meeting required to be held under this section as a result of a different petition (“the other meeting”) is held on a day during the 25 day period in subsection (9), but before the day on which the meeting is held, the 25 day period begins on the first day after the day on which the other meeting is held.

(11) The meeting is to be open to—

(a) all parents of registered pupils at the school,

(b) the head teacher, and

(12) The governing body must, as soon as it reasonably can after receiving a petition that requires a meeting to be held, notify the parents of all registered pupils at the school in writing of the date of the meeting and the matter to be discussed.

(13) In exercising its functions under this section, the governing body of a maintained school must have regard to guidance given by the Welsh Ministers.

Repeal of duty to hold annual parents’ meeting

95

Section 33 of the Education Act 2002 is repealed.

Code of practice on local authority school relations

Repeal of provision for code of practice for local authority school relations

96

Section 127 of the School Standards and Framework Act 1998 (code of practice for securing effective relationships between local authorities and maintained schools in Wales) is repealed.

PART 6 — GENERAL

Orders and regulations

97

(1) A power of the Welsh Ministers to make an order or regulations under this Act is to be exercised by statutory instrument.

(2) A power of the Welsh Ministers to make an order or regulations under this Act includes power—

(a) to make different provision for different cases or classes of case, different areas or different purposes;

(b) to make different provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case;

(c) to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Welsh Ministers think fit.

(3) A statutory instrument containing regulations made under this Act or an order under section 56(2) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4) A statutory instrument containing an order under paragraph 26(1) of Schedule 2 must not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

General interpretation and index of defined expressions

98

(1) The provisions of this Act and those of the Education Act 1996 are to be read as if they were all contained in the Education Act 1996.

(2) But where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of the Education Act 1996, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of the Education Act 1996.

(3) In this Act—

“appropriate diocesan authority” (“awdurdod esgobaethol priodol”) has the same meaning as in section 142(1) of the School Standards and Framework Act 1998;

“appropriate religious body” (“corff crefyddol priodol”) means—in the case of a Church in Wales school or a Roman Catholic Church school, or proposed such school, the appropriate diocesan authority, andin the case of other schools or proposed schools, the body representing the religion or religious denomination stated, or that it is intended to be stated, in relation to the school in an order under section 68A of the School Standards and Framework Act 1998;

“Church in Wales school” (“un o ysgolion yr Eglwys yng Nghymru”) has the same meaning as in section 142(1) of the School Standards and Framework Act 1998;

“the Code” (“y Cod”) in Chapters 2 and 3A of Part 3 means the code on school organisation issued under section 38(1);

“the Commission” (“y Comisiwn) in Chapter 3A of Part 3 means the Commission for Tertiary Education and Research;

“foundation body” (“corff sefydledig”) has the same meaning as in section 21(4)(a) of the School Standards and Framework Act 1998;

“foundation governor” (“llywodraethwr sefydledig”), in relation to a foundation school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;

“local authority” (“awdurdod lleol”) (except in section 54(2)(b)) means a county or county borough council in Wales;

“maintained school” (“ysgol a gynhelir”) means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school;

“objection period” (“cyfnod gwrthwynebu”) is defined in section 49(2) for the purposes of Chapter 2 of Part 3 and in section 63E(2) for the purposes of Chapter 3A of Part 3;

“powers to make proposals to alter its school” (“pwerau i wneud cynigion i newid ei ysgol”) is defined in section 83 for the purposes of Part 3;

“powers to make proposals to establish, alter or discontinue schools” (“pwerau i wneud cynigion i sefydlu, newid neu derfynu ysgolion”) is defined in section 83 for the purposes of Part 3;

“prescribed” (“rhagnodedig”) means prescribed by regulations;

“primary school” (“ysgol gynradd”) is defined in section 90 for the purposes of sections 88 and 89;

“proposer” (“cynigydd”) is defined in section 56 for the purposes of Chapter 2 of Part 3;

“provide” (“darparu”) is defined in section 90 for the purposes of sections 88 and 89;

“pupil” (“disgybl”) is defined in section 90 for the purposes of sections 88 and 89;

“regional provision” (“darpariaeth ranbarthol”) is defined in section 64 for the purposes of Chapter 4 of Part 3;

“regulated alteration” (“newid rheoleiddiedig”) in Chapter 2 of Part 3 means an alteration described in Schedule 2;

“regulations” (“rheoliadau”) means regulations made by the Welsh Ministers;

“Roman Catholic Church school” (“un o ysgolion yr Eglwys Gatholig Rufeinig”) has the same meaning as in section 142(1) of the School Standards and Framework Act 1998;

“school authority” (“awdurdod ysgol”) is defined in section 32 for the purposes of Chapter 3 of Part 2;

“small school” (“ysgol fach”) is defined in section 56 for the purposes of Chapter 2 of Part 3;

“special education functions” (“swyddogaethau addysg arbennig”) additional learning needs functions (“swyddogaethau anghenion dysgu ychwanegol”) is defined in section 64 for the purposes of Chapter 4 of Part 3.

(4) For references in Part 3 to—

(a) the discontinuance of a maintained school, see section 83;

(b) a school's category, see section 83.

(5) A reference in this Act to a school which has a religious character is to a school which is designated as having such a character by an order under section 68A of the School Standards and Framework Act 1998.

Minor and consequential amendments

99

Schedule 5 contains minor and consequential amendments.

Commencement

100

(1) The following provisions come into force on the day after the day on which this Act receives Royal Assent—

section 1;

this section;

section 101.

(2) The following provisions come into force on 1 April 2013—

sections 88 to 90;

sections 92 and 93.

(3) The following provisions come into force at the end of the period of two months beginning on the day on which this Act receives Royal Assent—

Chapter 3 of Part 2; section 91;

sections 94 and 95;

paragraphs 31, 33, 34(1) and (3), 35 and 36 of Part 3 of Schedule 5 (and section 99 in so far as relating to those paragraphs).

(4) The remaining provisions of this Act are to come into force on a day appointed by the Welsh Ministers in an order.

Short title and inclusion as one of the Education Acts

101

(1) The short title of this Act is the School Standards and Organisation (Wales) Act 2013.

(2) This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996.

SCHEDULE 1

Interpretation of Schedule

1

(1) In this Schedule—

“the appropriate authority” (“yr awdurdod priodol”) means—where this Schedule applies by virtue of a notice under section 7, the local authority that gave the notice, andwhere this Schedule applies by virtue of a notice under section 14, the Welsh Ministers;

“existing governors” (“llywodraethwyr presennol”), in relation to a school in respect of which a notice under section 7 or 14 has been given, means the governors who hold office immediately before the governing body becomes constituted in accordance with this Schedule;

“the interim period” (“y cyfnod interim”), in relation to a school in respect of which a notice under section 7 or 14 has been given, means the period during which the governing body is constituted in accordance with this Schedule;

“a normally constituted governing body” (“corff llywodraethu a gyfansoddwyd yn normal”) means a governing body constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002 (governing bodies).

(2) In this Schedule any reference to the discontinuance of a maintained school is a reference to the local authority ceasing to maintain it.

Governing body to consist of members appointed by appropriate authority

2

(1) The governing body of the school is to consist of members appointed by the appropriate authority, instead of being constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002.

(2) In the following provisions of this Schedule—

(a) the governing body as constituted in accordance with this Schedule is referred to as “the interim executive board”, and

(b) the members of the governing body as so constituted are referred to as “interim executive members”.

Effect of notice under section 7 or 14

3

(1) On the date specified in the notice under section 7 or 14, the existing governors vacate office.

(2) Sub-paragraph (1) does not prevent the appointment of an existing governor as an interim executive member.

(3) During the interim period, any reference in any provision contained in, or made under, the Education Acts to a governor or foundation governor of a school has effect, in relation to the school, as a reference to an interim executive member.

(4) During the interim period, section 83 of the School Standards and Framework Act 1998 (modification of provisions making governors of foundation or voluntary school ex officio trustees) has effect in relation to the school with the substitution for paragraphs (a) to (c) of a reference to the interim executive members.

Number of interim executive members

4

(1) The number of interim executive members must not be less than two.

(2) The initial appointment of interim executive members must be made so as to take effect on the date specified in the notice under section 7 or 14.

(3) The appropriate authority may appoint further interim executive members at any time during the interim period.

Terms of appointment of interim executive members

5

(1) Every appointment of an interim executive member must be made by an instrument in writing setting out the terms of the appointment.

(2) An interim executive member—

(a) holds office in accordance with the terms of the appointment and subject to paragraph 16, and

(b) may at any time be removed from office by the appropriate authority for incapacity or misbehaviour.

(3) The terms of appointment of an interim executive member may provide for the appointment to be terminable by the appropriate authority by notice.

Duty of appropriate authority to inform other persons

6

(1) The appropriate authority must give a copy of the notice under section 7 or 14 and of every instrument of appointment of an interim executive member—

(a) to every interim executive member,

(b) to every existing governor of the school,

(d) where the Welsh Ministers are the appropriate authority, to the local authority, and

(e) in the case of a foundation or voluntary school—

(i) to the person who appoints the foundation governors, and

(ii) if the school has a religious character, to the appropriate religious body.

(2) A failure to comply with sub-paragraph (1) does not invalidate the notice or appointment.

Power to specify duration of interim period

7

The appropriate authority may specify the duration of the interim period in the notice under section 7 or 14.

Chair

8

The appropriate authority may nominate one of the interim executive members to be chair of the interim executive board.

Remuneration and allowances

9

The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine, subject to any regulations made under paragraph 13(2).

Duty of interim executive board

10

(1) During the interim period, the interim executive board must conduct the school so as to secure, so far as is practicable to do so, the provision of a sound basis for future improvement in the conduct of the school.

(2) Sub-paragraph (1) does not affect the other duties of the interim executive board as governing body.

Proceedings of interim executive board

11

(1) The interim executive board may determine its own procedure.

(2) The interim executive board may make such arrangements as it thinks fit for the discharge of its functions by any other person.

(3) This paragraph is subject to regulations made under paragraph 13(2).

Effect on suspension of delegated budget

12

(1) If immediately before the date specified in a notice under section 7 or 14 the school does not have a delegated budget, the suspension of the governing body's right to a delegated budget is by virtue of this sub-paragraph revoked with effect from that date.

(2) If a notice under paragraph 1 of Schedule 15 to the School Standards and Framework Act 1998 (suspension of delegated budget for mismanagement etc) has been given to the governing body before the date specified in a notice under section 7 or 14 but has not yet taken effect, the notice ceases to have effect on that date.

(3) During the interim period, the local authority may not exercise the power conferred by section 8 (power to suspend right to delegated budget).

(4) Sub-paragraph (1) is to be construed in accordance with section 49(7) of the School Standards and Framework Act 1998.

Exclusion of certain statutory provisions

13

(1) Regulations made under section 19(2) or (3) of the Education Act 2002 (governing bodies) do not apply in relation to the interim executive board.

(2) But regulations made under section 19(3)(f), (g), (i), (j), (k) or (l) of the Education Act 2002 (other than regulations under section 19(3)(l) relating to the constitution of governing bodies) may be applied in relation to the board (with or without modifications) by regulations.

(3) The instrument of government of the school does not have effect in relation to the interim executive board in so far as it relates to the constitution of the governing body.

(4) During the interim period—

(a) the local authority may not exercise any power conferred by section 6 (power to appoint additional governors), and

(b) the Welsh Ministers may not exercise any power conferred by section 13 (power to appoint additional governors).

Closure of school

14

(1) At any time during the interim period, the interim executive board may, if it thinks fit, make a report to the local authority and the Welsh Ministers recommending that the school be discontinued, and stating the reasons for that recommendation.

(2) The interim executive board may not—

(a) publish under section 43 proposals to discontinue the school, or

(b) serve notice under section 80.

(3) Sub-paragraph (4) applies if during the interim period—

(a) the Welsh Ministers give a direction under section 16 or 81 in relation to the school, or

(b) the local authority determine to discontinue the school.

(4) The interim period is to continue until the discontinuance date, even where it would otherwise end before that date.

(5) In this paragraph “the discontinuance date” means one of the following (as the case may be)—

(a) the date on which proposals for discontinuing the school are implemented under Part 1 of Schedule 3;

(b) the date on which the school is discontinued under section 80;

Notice of resumption of government by normally constituted governing body

15

(1) The following sub-paragraph applies if—

(a) the notice under section 7 or 14 does not specify the duration of the interim period, and

(b) paragraph 14(4) does not apply.

(2) The appropriate authority may give notice to the persons mentioned in sub-paragraph (3) specifying a date on which the governing body are to become a normally constituted governing body.

(3) Those persons are—

(a) every interim executive member,

(b) where the local authority is the appropriate authority, the Welsh Ministers,

(d) in the case of a foundation or voluntary school—

(i) the person who appoints the foundation governors, and

(ii) if the school has a religious character, the appropriate religious body.

Time when interim executive members cease to hold office

16

(1) The interim executive members are to vacate office—

(a) in a case where sub-paragraph (4) of paragraph 14 applies, on the discontinuance date within the meaning of that paragraph,

(b) in a case where that sub-paragraph does not apply and the notice under section 7 or 14 specified the duration of the interim period, at the end of the specified period, and

(2) Sub-paragraph (1) does not prevent the termination of the appointment of an interim executive member at any earlier time under paragraph 5(2)(b) or in accordance with the terms of the appointment.

Establishment of normally constituted governing body

17

(1) Where interim executive members are to vacate office on the date referred to in paragraph 16(1)(b) or (c), the local authority must make arrangements providing for the constitution of the governing body on and after that date.

(2) The Welsh Ministers may by regulations make provision with respect to the transition from an interim executive board to a normally constituted governing body, and may in connection with that transition—

(a) modify any provision made under any of sections 19, 20 and 23 of the Education Act 2002 or by Schedule 1 to that Act,

(b) apply any such provision with or without modifications, and

(3) The provision that may be made by virtue of sub-paragraph (2) includes, among other things, provision enabling governors to be elected or appointed, and to exercise functions, before the end of the interim period.

SCHEDULE 2

PART 1 — ALL MAINTAINED SCHOOLS

1

Paragraphs 2 and 3 describe regulated alterations in relation to community, foundation, voluntary schools, community special schools, and maintained nursery schools.

Site transfers

2

The transfer of a school to a new site or sites unless a main entrance of the school on its new site or sites would be within 1.609344 kilometres (one mile) of a main entrance of the school on its current site or sites.

Mixed sex and single-sex schools

3

(1) An alteration to a school so that—

(a) a school which admitted pupils of one sex only admits pupils of both sexes, or

(b) a school which admitted pupils of both sexes admits pupils of one sex only.

(2) For the purposes of this paragraph a school is to be treated as admitting pupils of one sex only if the admission of pupils of the other sex—

(a) is limited to pupils over compulsory school age; and

(b) does not exceed 25% of the number of pupils in the age group in question normally at the school.

PART 2 — ALL MAINTAINED SCHOOLS OTHER THAN MAINTAINED NURSERY SCHOOLS

4

Paragraphs 5 to 8 describe regulated alterations in relation to community, foundation and voluntary schools, and community special schools.

Age range

5

(1) The alteration by a year or more of the lowest age of pupils for whom education is normally provided at the school.

(2) The alteration by a year or more of the highest age of pupils for whom education is normally provided at a school where the school, both before and after the alteration, provides education suitable to the requirements of pupils of compulsory school age and does not provide full time education suitable to the requirements of pupils over compulsory school age.

Sixth form provision

6

(1) The introduction of the provision of full-time education suitable to the requirements of pupils over compulsory school age at a school which provides full time education suitable to the requirements of pupils of compulsory school age.

(2) The ending of the provision of full time education suitable to the requirements of pupils over compulsory school age at a school which is to continue to provide full time education suitable to the requirements of pupils of compulsory school age.

Language medium – primary education

7

(1) This paragraph applies to—

(a) primary schools,

(b) special schools but only in relation to the provision of primary education to pupils at the schools, and

(2) An alteration comes within this paragraph if the teaching of a class of pupils in an age group a relevant year group (or groups) at a school falls within a description in an entry in column 1 of table 1 below, and it is proposed to alter the teaching of the corresponding class of pupils in that age group (or those age groups) relevant year group (or those relevant year groups) so that it falls within the description in the corresponding entry in column 2.

(3) In this paragraph—

(a) “age group” means—

(i) a year group of the foundation phase (within the meaning given by section 102 of the Education Act 2002), or

(ii) a year group of the second key stage (within the meaning given by section 103 of the Education Act 2002);

“relevant year group” means a year group in which the majority of the pupils have not yet completed the school year in which they attain the age of 11;

(b) a reference to the teaching of a class of pupils does not include a school assembly or other school activities usually conducted with large groups of pupils.

Language medium - secondary education

8

(1) This paragraph applies to—

(a) secondary schools,

(b) special schools but only in relation to the provision of secondary education to pupils at the schools, and

(2) An alteration comes within this paragraph if the teaching of pupils in a year group at a school falls within a description in an entry in column 1 of table 2 below, and it is proposed to alter the teaching of pupils in that year group so that it falls within the description in the corresponding entry in column 2.

(3) In this paragraph a “relevant subject” is any subject other than English and Welsh which is taught at the school to pupils in the year group concerned.

PART 3 — COMMUNITY, FOUNDATION AND VOLUNTARY SCHOOLS

9

Paragraphs 10 to 17 describe regulated alterations in relation to community, foundation and voluntary schools.

Alterations to premises

10

(1) An enlargement of the premises of the school which would increase the capacity of the school by at least 25% or 200 pupils as compared with the school's capacity on the appropriate date.

(2) In determining an increase in capacity for the purpose of sub-paragraph (1), all enlargements that have taken place since the appropriate date are to be taken into account together with the proposed enlargement.

(3) The “appropriate date” is the latest of—

(a) the date falling five years before the date on which it is planned to implement the proposals to make the enlargement;

(b) the date when the school first admitted pupils;

(c) the date (or latest date) of implementation of proposals to make an alteration to the school consisting of an enlargement of its premises which proposals were published under—

(i) section 48, 59, 63D, 68 or 72, or

(ii) section 28 of the School Standards and Framework Act 1998 or paragraph 5 of Schedule 7 to that Act.

(4) References in this paragraph to an enlargement do not include a temporary enlargement.

11

(1) An enlargement of the premises of the school which would increase the capacity of the school if the date on which it is planned to implement the proposals to make the enlargement falls within the period described in sub-paragraph (2).

(2) The period is five years beginning with the date (or latest date) of implementation of proposals falling within paragraph 13 (reducing a school's capacity).

(3) “Enlargement” does not include a temporary enlargement.

12

The making permanent of a temporary enlargement which at the time of its making would have fallen within paragraph 10 (but for the fact that it was temporary).

13

An alteration of the premises of the school which would reduce the capacity of the school, where the proposed capacity would be lower than the highest number of registered pupils at the school at any time during the two years before the date on which the proposer formed the intention to make the proposed alteration.

14

For the purposes of paragraphs 10 to 13—

(a) references to the capacity of a school are to the number of pupils the school can accommodate as determined in accordance with guidance given by the Welsh Ministers, and

(b) a “temporary enlargement” is an enlargement of a school's premises which it is anticipated, at the time of its making, will be in place for fewer than three years.

Special educational needs

15

(1) The establishment or discontinuance of provision which is recognised by the local authority as reserved for children with special educational additional learning needs.

(2) Where there is provision which is recognised by the local authority as reserved for children with special educational additional learning needs, a change in the type of such provision.

Admission arrangements

16

The introduction of admission arrangements to which section 101(1) of the School Standards and Framework Act 1998 (pupil banding) applies.

Boarding provision

17

(1) The introduction or ending of provision for boarding accommodation.

(2) The alteration of provision for boarding accommodation so that the number of pupils for whom such provision is made is increased or decreased by 50 pupils or more or by 50% or more.

PART 4 — SPECIAL SCHOOLS

18

Paragraphs 19 to 21 describe regulated alterations in relation to community special schools.

Increase in pupils

19

(1) Except where the school is established in a hospital, an increase in the number of pupils for whom the school makes provision which, when taken with all previous increases since the appropriate date, would increase the number of pupils at least by 10% or by the relevant number as compared with the number of pupils on the appropriate date.

(2) In this paragraph—

the “appropriate date” (“dyddiad priodol”) is the latest of—19 January 2012;the date when the school first admitted pupils;the date (or latest date) of implementation of proposals to make an alteration to the school to increase the number of pupils for whom the school makes provision which proposals were published under—section 48, 59, 63D, 68 or 72, orsection 31 of the School Standards and Framework Act 1998 or paragraph 5 of Schedule 7 to that Act; and

“relevant number” (“y nifer perthnasol”) in relation to the number of pupils at a school, is—where the school provides boarding accommodation only, 5, andin any other case, 20.

Boarding provision

20

The alteration of the provision of boarding accommodation so that the number of pupils for whom such provision is made is increased or decreased by 5 pupils or more.

Special educational needs provision

21

A change in the type of special educational additional learning needs for which the school is organised to make provision.

PART 5 — MAINTAINED NURSERY SCHOOLS

22

Paragraphs 23 to 25 describe regulated alterations in relation to maintained nursery schools.

Teaching space

23

(1) An enlargement of the teaching space, other than a temporary enlargement, by 50% or more.

(2) The making permanent of a temporary enlargement of the teaching space by 50% or more.

(3) In this paragraph—

“teaching space” (“man addysgu”) means any area used wholly or mainly for the provision of nursery education excluding—any area used wholly or mainly for the education of pupils whose educational needs are being assessed under section 323 of the Education Act 1996 and pupils with statements of special educational needs maintained under section 324 of that Act determined under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 and pupils with individual development plans maintained under that Act;any area constructed, adapted or equipped so as to be unsuitable for general teaching purposes;any area constructed, adapted or equipped primarily for the storage of apparatus, equipment or materials used in teaching;any part of an area which is required for the movement of pupils through that area and which is used wholly or mainly for that purpose;

a “temporary enlargement” (“ehangu dros dro”) is an enlargement of the teaching space which it is anticipated, at the time of its making, will be in place for fewer than three years.

Special educational needs

24

(1) The establishment or discontinuance of provision which is recognised by the local authority as reserved for children with special educational additional learning needs.

(2) Where there is provision which is recognised by the local authority as reserved for children with special educational additional learning needs, a change in the type of such provision.

Language medium

25

(1) In the case of a school at which a group of pupils is taught wholly or mainly through the medium of Welsh, an alteration to the school so that all pupils would be taught wholly or mainly through the medium of English.

(2) In the case of a school at which a group of pupils is taught wholly or mainly through the medium of English, an alteration to the school so that all pupils would be taught wholly or mainly through the medium of Welsh.

PART 6 — SUPPLEMENTARY

Power to amend

26

(1) The Welsh Ministers may by order amend any provision of this Schedule.

(2) An order under sub-paragraph (1) may make consequential amendments to any provision of Part 3 of this Act.

SCHEDULE 3

PART 1 — RESPONSIBILITY FOR IMPLEMENTATION

Interpretation

1

In this Part of this Schedule—

(a) “proposals” means proposals falling to be implemented under section 55;

(b) a reference to a local authority in relation to a school or proposed school is a reference to the local authority that maintains, or that will maintain, that school.

Proposals relating to community or maintained nursery schools

2

(1) This paragraph applies to proposals relating to a community or maintained nursery school or a proposed community or maintained nursery school.

(2) Proposals made by a local authority under section 41, 42 or 43 must be implemented by the local authority.

Proposals relating to foundation or voluntary controlled schools

3

(1) This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed voluntary controlled school.

(2) Proposals made by a local authority under section 41(2) or 43(1)(a) must be implemented by the authority.

(3) Proposals made by a local authority under section 42(1)(b) or (c) must be implemented by both the authority and governing body to the extent (if any) that the proposals provide for each of them to do so.

(4) Proposals made under section 41(2) (other than by a local authority) must be implemented by the local authority and by the person who made the proposals to the extent (if any) that the proposals provide for each of them to do so.

(5) Proposals made by a governing body under section 42(2) must be implemented by the local authority and by the governing body to the extent (if any) that the proposals provide for each of them to do so.

(6) Proposals made by a governing body under section 43(2) must be implemented by both the governing body and the local authority.

Proposals relating to voluntary aided schools

4

(1) This paragraph applies to proposals relating to a voluntary aided school or a proposed voluntary aided school.

(2) Proposals made by a local authority under section 42(1)(b) or (c) must be implemented—

(a) so far as relating to the provision of relevant premises for the school, by the local authority, and

(b) otherwise by both the authority and the governing body to the extent (if any) that the proposals provide for each of them to do so.

(3) Proposals made under section 41(2) must be implemented—

(a) where the local authority is the proposer, by the local authority, and

(b) where the local authority is not the proposer—

(i) so far as relating to the provision of relevant premises for the school, by the local authority, and

(ii) otherwise by the person who made the proposals.

(4) Nothing in sub-paragraph (3)(b) requires a local authority to provide relevant premises where—

(a) the new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals, and

(b) those premises were part of the premises of any of the existing schools but were not provided by the authority.

(5) Proposals made by a governing body under section 42(2) must be implemented—

(a) so far as relating to the provision of relevant premises for the school, by the local authority, and

(b) otherwise by the governing body.

(6) “Relevant premises” means—

(a) playing fields, or

(b) buildings which are to form part of the school premises but are not to be school buildings.

(7) Proposals made by a local authority under section 43(1) must be implemented by the authority.

(8) Proposals made by the governing body under section 43(2) must be implemented by both the governing body and the local authority.

Proposals relating to community special schools

5

(1) This paragraph applies to proposals relating to a community special school or a proposed community special school.

(2) Proposals made by a local authority under section 44 must be implemented by the authority.

Change of category

6

If a school changes category from a community school after proposals have been published under section 48 but before they have been implemented, the proposals (to the extent that they have not been implemented) must be implemented by the local authority (despite paragraphs 3 and 4).

PART 2 — PROVISION OF PREMISES AND OTHER ASSISTANCE

Provision of site and buildings for foundation or voluntary controlled school

7

(1) This paragraph applies where a local authority is required by virtue of paragraph 3(2), (3), (4) or (5) to provide a site for a foundation or voluntary controlled school or a proposed voluntary controlled school.

(2) The authority must transfer its interest in the site and in any buildings on the site which are to form part of the school premises—

(a) to the school's trustees, to be held by them on trust for the purposes of the school, or

(b) if the school has no trustees, to the school's foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.

(3) If any doubt or dispute arises as to the persons to whom the authority is required to make the transfer, it must be made to such persons as the Welsh Ministers think proper.

(4) The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(5) Sub-paragraph (6) applies where—

(a) a transfer is made under this paragraph, and

(b) the transfer is made to persons (“the transferees”) who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school.

(6) The transferees must notify the local authority that sub-paragraph (5)(b) applies to them and they or their successors must pay to the local authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Welsh Ministers.

(7) In sub-paragraph (5)(b) the reference to proceeds of the sale of other premises includes a reference to—

(a) consideration for the creation or disposition of any kind of interest in other premises, including rent, and

(b) interest which has accrued in respect of any such consideration.

(8) Any sum paid under sub-paragraph (6) is to be treated for the purposes of section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

(9) A determination may be made under sub-paragraph (6) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—

(a) the determination is made by the Welsh Ministers, and

(b) they are satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

(10) Sub-paragraph (6) applies for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs 1 to 3 of Schedule 22 to the School Standards and Framework Act 1998 (disposals of land - foundation, voluntary and foundation special schools) to that sum.

(11) In this paragraph—

“the relevant purposes” (“y dibenion perthnasol”) means—in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts, orin relation to a transfer to a school's governing body, the purposes of the school;

“site” (“safle”) does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

Grants in respect of certain expenditure relating to existing or proposed voluntary aided school

8

(1) This paragraph applies where—

(a) the governing body of a voluntary aided school is required by virtue of paragraph 4(5) to implement proposals to make a regulated alteration to the school, or

(b) a person is required by virtue of paragraph 4(3)(b) to implement proposals to establish a new voluntary aided school.

(2) Paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants to voluntary aided schools in respect of expenditure on premises or equipment)—

(a) applies in relation to the school mentioned in sub-paragraph (1)(a), and

(b) applies in relation to the new school mentioned in sub-paragraph (1)(b) as it applies in relation to an existing voluntary aided school.

(3) In the application of that paragraph in relation to a new voluntary aided school—

(a) the references to the governing body, in relation to any time before the governing body is constituted, are to the person who made the proposals under section 41(2), and

(b) where requirements are imposed in relation to grant paid by virtue of this paragraph to the person who made the proposals, the requirements must be complied with by the governing body, when it is constituted, as well as by that person.

Assistance in respect of maintenance and other obligations relating to voluntary aided school

9

A local authority may give to the governing body of a voluntary aided school such assistance as the authority thinks fit in relation to the carrying out by the governing body of any obligation arising by virtue of paragraph 4(5) in relation to proposals made by it under section 42(2).

Assistance in respect of new voluntary aided school

10

A local authority may give to persons required by virtue of paragraph 4(3)(b) to implement proposals to establish a voluntary aided school such assistance as it thinks fit in relation to the carrying out by those persons of any obligation arising by virtue of that paragraph.

Duty to transfer interest in premises provided under paragraph 9 or 10

11

(1) Where assistance under paragraph 9 or 10 consists of the provision of any premises for use for the purposes of a school, the local authority must transfer its interest in the premises—

(a) to the trustees of the school to be held on trust for the purposes of the school, or

(b) if the school has no trustees, to the school's foundation body, to be held by that body for the purposes of the schools comprising the group for which that body acts.

(2) If any doubt or dispute arises as to the persons to whom the authority is required to make the transfer it must be made to such persons as the Welsh Ministers think proper.

(3) The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

PART 3 — TRANSITIONAL EXEMPTION ORDERS FOR PURPOSES OF THE EQUALITY ACT 2010

Single-sex schools

12

(1) This paragraph applies to proposals to make a regulated alteration described in paragraph 3(1)(a) of Schedule 2 (school to cease to be one which admits pupils of one sex only).

(2) Sub-paragraph (3) applies where such proposals are made under section 42 or 44 and, in accordance with section 48(4), the proposer sends a copy of the published proposals to the Welsh Ministers.

(3) The sending of the published proposals to the Welsh Ministers is to be treated as an application by the proposer for a transitional exemption order under the Equality Act 2010, and the Welsh Ministers may make such an order accordingly.

(4) In this paragraph—

“make” (“gwneud”), in relation to a transitional exemption order, includes vary or revoke;

“transitional exemption order” (“gorchymyn esemptio trosiannol”) has the same meaning as in paragraph 3 of Schedule 11 to the Equality Act 2010.

SCHEDULE 4

PART 1 — INTRODUCTORY

Interpretation

1

In this Schedule—

“group” (“grwp”) has the meaning given by section 21(4)(b) of the School Standards and Framework Act 1998;

“the implementation date” (“y dyddiad gweithredu”) means the date on which it is proposed that the change of category is to take place;

“publicly funded land” (“tir wedi ei gyllido’n gyhoeddus”) means land which was acquired—from a local authority under a transfer under section 201(1)(a) of the Education Act 1996,wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996),wholly by means of a grant made under regulations made under paragraph 4 of Schedule 32 to the School Standards and Framework Act 1998,wholly by means of expenditure incurred for the purposes of the school and treated by the local authority as expenditure of a capital nature,under a transfer under regulations made under paragraph 5 of Schedule 8 to the School Standards and Framework Act 1998,wholly by means of financial assistance given under section 14 of the Education Act 2002,under a transfer under this Schedule, orwholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (g);

“transfer agreement” (“cytundeb trosglwyddo”), in relation to a school, means an agreement—made between the local authority and the trustees or the foundation body or the governing body of the school, andproviding for land to be transferred to, and vest in, the local authority on the implementation date (whether or not in consideration of payment by the authority).

Implementation

2

On the implementation date the school is to change category in accordance with the proposals.

PART 2 — TRANSFER OF STAFF

Change to voluntary aided school

3

(1) This paragraph applies where a community or voluntary controlled school changes category to become a voluntary aided school.

(2) The contract of employment between P and the local authority has effect from the implementation date as if originally made between P and the governing body.

(3) All the local authority's rights, powers, duties and liabilities under or in connection with the contract of employment are transferred to the governing body on the implementation date.

(4) Anything done before that date by or in relation to the local authority in connection with that contract or P is to be treated from that date as having been done by or in relation to the governing body.

(5) In this paragraph, “P” is a person who—

(a) immediately before the implementation date is employed by the local authority to work solely at the school in question, or

(b) before the implementation date, is appointed by the local authority to work at the school as from the implementation date or a later date.

(6) But a reference to “P” does not include—

(a) a person whose contract of employment terminates on the day immediately preceding the implementation date, or

(b) a person employed by the local authority to work at the school solely in connection with the provision of meals.

(7) This paragraph does not affect any right of an employee to terminate the contract if (apart from the change of employer) a substantial change is made to the employee's detriment in the employee's working conditions.

Change to community or voluntary controlled school

4

(1) This paragraph applies where a foundation or voluntary aided school changes category to become a community or voluntary controlled school.

(2) The contract of employment between P and the governing body has effect from the implementation date as if originally made between P and the local authority.

(3) All the governing body's rights, powers, duties and liabilities under or in connection with the contract of employment are transferred to the local authority on the implementation date.

(4) Anything done before that date by or in relation to the governing body in connection with that contract or P is to be treated from that date as having been done by or in relation to the local authority.

(5) In this paragraph, “P” is a person who—

(a) immediately before the implementation date is employed by the governing body to work at the school in question, or

(b) before the implementation date, is appointed by the governing body to work at the school as from the implementation date or a later date.

(6) But “P” does not include a person whose contract of employment terminates on the day immediately preceding the implementation date.

(7) This paragraph does not affect any right of an employee to terminate the contract if (apart from the change of employer) a substantial change is made to the employee's detriment in the employee's working conditions.

Change to voluntary aided school with a religious character

5

(1) This paragraph applies where a voluntary controlled school or a foundation school with a religious character changes category to become a voluntary aided school with a religious character.

(2) Sub-paragraph (3) applies if, immediately before the implementation date, a teacher at the voluntary controlled school or foundation school enjoys rights conferred by section 59(2) to (4) of the School Standards and Framework Act 1998 by virtue of section 60(2) of that Act.

(3) That teacher is to continue to enjoy those rights while employed as a teacher at the voluntary aided school.

PART 3 — TRANSFER OF LAND

Effect of transfers

6

(1) Sub-paragraph (2) applies where—

(a) land is transferred to and vests in a body in accordance with this Schedule, and

(b) the transferor enjoys or incurs any rights or liabilities immediately before the implementation date in connection with that land.

(2) Those rights or liabilities are also transferred to, and by virtue of this Schedule, vest in, that body.

7

Any reference in this Part of this Schedule, in relation to a school, to land being transferred to, and vesting in, a foundation body is a reference to its being transferred to, and vesting in, that body for the purposes of the schools comprising the group for which that body acts.

8

Transfers of land under this Schedule do not affect the rights of the governing body in relation to the land under Schedule 13 to the School Standards and Framework Act 1998.

9

In its application to transfers under this Schedule, Schedule 10 to the Education Reform Act 1988 has effect as if references in it to the transfer date were references to the implementation date.

Change from community school to voluntary aided school

10

(1) Sub-paragraph (2) applies where—

(a) proposals for a community school to become a voluntary aided school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will not be a member of the group for which a foundation body acts.

(2) Any land other than playing fields which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the trustees of the school, to be held by them on trust for the purposes of the school.

11

(1) Sub-paragraph (2) applies where—

(a) proposals for a community school to become a voluntary aided school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will be a member of the group for which a foundation body acts.

(2) Any land other than playing fields or land held on trust which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the foundation body.

Change from community school to voluntary controlled school

12

(1) Sub-paragraph (2) applies where—

(a) proposals for a community school to become a voluntary controlled school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will not be a member of the group for which a foundation body acts.

(2) Any land other than playing fields which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the trustees of the school, to be held by them on trust for the purposes of the school.

13

(1) Sub-paragraph (2) applies where—

(a) proposals for a community school to become a voluntary controlled school are required to be implemented under section 55(2), and

(b) as from the implementation date the school will be a member of the group for which a foundation body acts.

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