School Organisation Proposals by the National Council for Education and Training for Wales Regulations 2004 c.1576

School Organisation Proposals by the National Council for Education and Training for Wales Regulations 2004 No. 1576 (W. 162)

Summary:	Under section 113A of, and Schedule 7A to, the Learning and Skills Act 2000 "the 2000 Act", as inserted by section 72 of the Education Act 2002, the National Council for Education and Training for Wales "the Council" may, in specified circumstances, make proposals for - the establishment of a sixth form maintained school, an alteration of a prescribed description to sixth form provision in a maintained school or schools, or the discontinuance of a sixth form maintained school. Under Schedule 7 to the 2000 Act the Council may, in specified circumstances, publish proposals for the alteration of a maintained school so that it no longer provides sixth form education, or for the discontinuance of a sixth form maintained school. The 2000 Act lays down procedures for the exercise of these powers by the Council. In particular, the Council must publish proposals which require the approval of the National Assembly. The framework for these procedures is laid down in the 2000 Act, but much of the detail is to be prescribed in Regulations made by the National Assembly. These Regulations prescribe those details and, in the case of the provisions made in Part 3 (with respect to Schedule 7 to the 2000 Act), replace (with some changes) provisions contained in the School Organisation proposals by the National Council for Education and Training for Wales Regulations 2002. Part 1 of the Regulations contains preliminary provisions. Regulation 2 defines terms used in the Regulations. Part 2 of the Regulations makes provision with respect to proposals under section 113A. Regulation 3 prescribes the descriptions of alterations to maintained schools for which proposals may be made. Regulation 4 provides for the consultation process by the Council before making a proposal. Regulation 5 with Schedule 1 prescribes the information to be contained in a proposal and the requirements to publish the proposals and notify the persons specified in that regulation. Regulation 6 provides for objections to proposals. Regulation 7 - with parts 2, 3, 4 and 6 of Schedule 3 makes provision for the Council to submit proposals together with objections and with prescribed additional information to the National Assembly. Regulation 8 provides that the Council may withdraw proposals before they are determined. Regulation 9 requires the National Assembly to provide information about its decisions to the persons specified in that regulation. Regulation 10 prescribes the Council as the person who may request the National Assembly to modify proposals and prescribes the persons who the National Assembly must consult before determining that the requirement to implement the proposals shall cease to apply. Part 3 of the Regulations makes provision with respect to proposals under Schedule 7. Regulation 11 with Schedule 2 prescribes the information which must be contained in published proposals. Regulation 12 prescribes the manner in which proposals must be published. Regulation 13 with parts 2 to 5 of Schedule 3 prescribes additional information which must be sent to the National Assembly with the published proposals. Regulation 14 prescribes other bodies to whom a copy of the proposals must be sent in the case of special schools. Regulation 15 provides for the time limits for objections to proposals. Regulation 16 prescribes events which can be specified in the case of a conditional approval of proposals. Regulation 17 requires the National Assembly to provide information about its decisions to the persons specified in that regulation. Regulation 18 with Schedule 4 makes provision for proposals by the Council that previous proposals which the National Assembly has approved should not be implemented. Part 4 of the Regulations contains supplementary provisions. Regulation 19 makes special provision for implementation of proposals where a school changes category from being a community or community special school. Regulation 20 makes a consequential amendment and regulation 21 repeals the earlier Regulations.
Made Under:	Learning and Skills Act 2000 (C. 21) - sections 113A and 152(5) and (6) of, and paragraphs 20(2), 21, 22, 28(2), 29, 30, 39(2), 40, 41, 42(4) and 43(4) of Schedule 7 to, and paragraph 1 of Schedule 7A to School Standards and Framework Act 1998 (C. 31) - section 138(7) and (8) of, and paragraph 5 of Schedule 8
Amending:	Education (Grants in respect of Voluntary Aided Schools) Regulations 1999 (2020) School Organisation Proposals by the National Council for Education and Training for Wales Regulations 2002 (432)

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