|
The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely: Limit on Infant Class Sizes: - sections 1: Power to make regulations.
General responsibility of Local Education Authorities: Rationalisation of school places: - section 7 and Schedule 7: Directions orders and proposals in respect of this matter.
- section 14, 18 and 19: Powers to suspend the right of an LEA to use its powers under sections 16 and 17.
- sections 16, 18 and 16A: Powers in relation to the appoint additional governors by LEAs and the power of LEA to provide for governing body to consist of interim executive members.
- section 17: Powers relating to power of LEAs to suspend right to delegated budget.
Intervention in Schools Causing Concern: "or requiring significant improvement": - sections 18 and 19 and Schedule 1A: Power to appoint additional governors and to close a school. Power to intervene in schools requiring special mesures to those identified by HMCI as having serious weaknesses. Power to direct closure of a school.
- sections 18A, 19A, Schedule 1A:: See also shared powers. governing bodies consisting of interim executive members. Power to appoint further interim executive members, duty to inform other persons. Power to specify the duration of the interim period. Power to nominate one of the members as Chairman, power to determine remuneration and allowances. Power by regulations to make provision with respect to the transition from an interim executive board to a normaly constituted governing body.
Foundation Voluntary Schools and Foundation Special Schools: - section 20 and Schedule 2: Power to make Regulations relating to allocating existing schools to new cathegories.
- section 21: Power to make regulations for foundation bodies.
- section 22 and Schedule 3: Powers relating to funding of such schools.
New Arrangements for organisation of schools: - section 23A: Power to make regulations to disqualify persons from acting as charity trustee in relation to a school to which this section applies.
- section 23B: Power to to make directions, in prescribed cases, to remove any charity trustee of a foundation or
foundation special school to which section 23A applies, even if the person is not otherwise disqualified; and to appoint a charity trustee to such a school.
- section 25 and Schedule 5: Determinations and regulations in respect of adjudicators.
- section 26: Power to prescribe time periods for the purpose of school organisation plans.
- section 29: Power to issue guidance relating to proposals for dicontinuance of rural primary schools. Power to designated a school as a "rural primary school".
Establishment alteration or discontinuance of schools: - sections 28 to 32 and Schedule 6, Parts II or IV: Powers relating to the establishment alteration or discontinuance of schools. Powers relating to proposals. Power to issue guidance in relation to maintained schools. Power to specify period for refering to adjudicator.
- section 52: Power to prescribe periods for financial statements.
Changes of category of school: - sections 45 and 45A: Power to provide for budget to relate to "funding period" prescribed by regulations.
- section 45A: Power to prescribe for deductions, limits or conditions in relation to the determination of specified budgets of LEAs.
- section 45AB: Power to prescribe the deadline for school budgets determination.
- section 45AC: Power to require LEAs in Wales to determine schools budget.
- section 45D: Power to repeal Wales-only school funding provisions.
- sections 35 and Schedule 8: Power to make Regulations to provide for this matter, including procedure, transitional matters and changes to a school's instrument of government.
Constitution governing bodies: - section 34 and Schedule 7: Power to give directions to local education authorities and governing bodies in Wales and governing bodies of maintained schools in Wales to bring forward proposals for the rationalisation of school places, and for such proposals to be made by the Welsh Ministers. Powers and duties of the Welsh Ministers in relation to rationalisation of places.
- sections 63 and Schedules 9, 10 and 11: Power to make Regulations in respect of their constitution , for their incorporation; for their membership proceedings; expenses; training and support.
Instruments of government: repealed Reports and Parents Meeting: repealed Government of new schools: repealed Financing of Maintained Schools: - sections 45B and 45C: Power to set minimum schools budget for LEA in Wals.
- sections 46-52 and Schedules 14 and 15: section 46 repealed. Power to make regulation in respect of these matters.
- section 47: Power to determine funding period. Power prescribe for extent of determination or redetermination of budget shares.
- section 47A: Power to set out the functions and expenses of school forums.
- section 49: Power to prescribe by regulations the date for delegated budget of new schools.
Staffing of Community, voluntary controlled and community schools: - section 53A: Power to direct a local education authority to require the Auditor General for Wales to make arrangements for the certification of statements.
Staffing of foundation, voluntary aided and foundation special schools: repealed - section 63: Power to require specified schools to set targets to reduce their overall level of absence.
Exclusion of pupils: repealed Religious education and worship: - sections 69 and 71: Power to make regulations in respect of these matters.
Miscellaneous: New schools: - section 72: Power to make regulations in respect to new schools.
Disposal of land on discontinuance of a school: - section 76 and Schedule 22: Consent of the Secretary of State to such disposal.
Trust Deeds: - section 82: Power to modify some trust deeds and other instruments in prescribed circumstances.
School Admissions: - sections 84 and 85: Power to issue a code of practice.
- section 85A: Power by regulations to require LEAs to establish admission forums and the functions and finances of such forums and joint forums.
- sections 89, 89A, 89B, 89C, 89D, 90, 90A and 98: Power to make regulations relating to admission arrangements. Power by regulations to make provision about the determination of admission numbers, to coordinate the admission arrangements and to provide for the contents of qualifying schemes; power to impose such scheme. Power to restrict alteration of admission arrangements following establishment or expansion. Some powers in relation to Restriction on alteration of admission arrangements following adjudicator's decision. Power to require admissions authorities to make special provision for looked-after children.
- section 92: Power to make Regulations prescribing information to be given.
- section 93 and Schedule 23 Part III: Power to vary standard numbers of a school.
- section 94: Power to make regulations requiring lay members to be appointed to admission appeals panels and to make amendments to Schedule 24. Power to provide for appeals pursuant to arrangements.
- section 95, 95A and Schedule 25: Power to amend Schedule 24 relating to appeals by governing bodies in relation to admission of children permanently excluded from schools. Power to may make provision- (a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under this section; (b) requiring an admission authority for a maintained school to provide information which- (i) falls within a prescribed description, and (ii) is requested by the adjudicator for the purposes of any such determination.
- section 96, 97 and 97A and 97B: Power to give directions to admit a child to specified schools. Determination for admitting a child to a school. Power relating to the procedure for giving directions under section 96. Power to issue directions to admit looked after children to specified schools.
- section 97C: Power of Welsh Ministers to make regulations about admission of looked after children.
- section 98: Power to determine who is to be responsible for for admitting or refusing children to maintained nursery schools.
Selection of Pupils - sections 100 and 102: Power to make Regulations.
- section 103: Power to prescribe alterations for the purpose of section 28.
- sections 104, 105, 106 and 109: Designation of a grammar school and regulations in respect of grammar schools.
Other provisions about School Education: Home-school agreements: - sections 110 and 111: Power to determine dates and to give guidance.
School meals: - section 114: Power to make regulations. Substituted by 114A.
- section 114A: Power to prescribe requirements for food and drink provided on school premises etc.
Nursery Education: - sections 118, 119, and 123: Power to issue guidance relating to availability of nursery education ; Power by order to confer additional functions on early years development and childcare partnerships. Power to regulate statements contained Children with special educational needs Codes of practice.
- section 127: Duty to issue a code of practice for securing effective relationships between LEAs and maintained schools in Wales.
Miscellaneous: - section 144: Power to make regulations necessary for any consequential or transitional or supplementary purposes of the Act.
- Schedule 14, para 1, 2A: Power to regulate publication of local education authority schemes. Power to issue guidance as to their revision. Power to require consultation.
- Schedule 26, paragraphs 3, 6B, 13B: Power to require the Chief Inspector to give advice. Power to require inspections. Power to prescribe intervals for inspectors to send their reports to the Chief Inspector for Wales. Power to prescribe persons to receive copy of reports and to make them available for inspection.
|
