![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
Statutory Instruments made by the National Assembly for Wales |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> Statutory Instrument 1999 No. 2633 (W.7) URL: https://www.bailii.org/wales/legis/num_reg/1999/992633e.html |
[New search]
[Context]
[Printable version]
[Help]
Made | 23rd August 1999 | ||
![]() ![]() ![]() | 1st September 1999 |
(2) Expressions used in these Regulations set out in the
first
column
of the table below have the meaning given by, or (as the
case
may be) are to be interpreted in accordance
with,
the provisions referred to in the second
column
of that table -
"Education Action ![]() ![]() ![]() ![]() |
section 11(2) of the Act[5] |
"education action zone" ("parth gweithredu addysg") | section 10(1) of the Act; |
"instrument of government" ("offeryn llywodraethu") | section 37(1) of the Act; |
"sponsor" ("noddwr") | paragraph 1 of Schedule 1 to the main school government regulations |
(6) Paragraphs (4) and (5) are without
prejudice to any right of an employee to terminate his
contract
if a substantial
change
is made to his
detriment
in his
working
conditions,
but no such right shall arise by reason only of the
change
in employer effected by this regulation.
Instrument of government and reconstitution of governing body
8.
- (1) The governing body and the local education authority shall secure that, as soon as reasonably practicable after the implementation date
(and in any event
within
three months after the implementation
date)
-
(2) The instrument of government shall be made in the form
and in accordance
with
the
directions
set out in Schedule 3.
(3) It shall be a sufficient compliance
with
paragraph (2) if the instrument of government is in a
form
substantially to the like effect to the
form
set out in Schedule 3.
(4) A failure
by the governing body or local education authority to
discharge
the
duty
in paragraph (1)
within
the time limit prescribed in that paragraph shall not relieve the governing body or the local education authority of that
duty.
Transitional provisions
9.
- (1) Anything done
by the governing body as admission authority before the implementation
date
under any provision in
Chapter
I of Part III of the Act (admission arrangements) shall
from
the implementation
date
have effect as if
done
by the local education authority.
(2) If on the implementation date
proposals published by the governing body under section 28, 29 or 31 of the Act
fall
to be implemented under paragraph 10 of Schedule 6 to the Act they shall be implemented by the local education authority.
Signed on behalf of the Assembly under section 66(1) of the Government of Wales
Act 1998[7]
Jane Davidson
The
Deputy
Presiding Officer of the Assembly
23rd August 1999
![]() ![]() |
![]() ![]() |
![]() ![]() |
adran/section 28(5) | "under this section" | "under paragraph 3 of Schedule 8" |
adran/section 28(5) | "the relevant body or promoters" | "the governing body" |
adran/section 28(5) | "the relevant body or promoters" | "the governing body" |
Atodlen/Schedule 6 paragraff/paragraph 6 | "section 28, 29 or 31" | "paragraph 3 of Schedule 8" |
Atodlen/Schedule 6 paragraff/paragraph 7 | "section 28,29 or 31" | "paragraph 3 of Schedule 8" |
Atodlen/Schedule 6 paragraff/paragraph 8(2)(![]() | "such persons or bodies as may be prescribed" | "the local education authority and the governing body" |
![]() ![]() |
![]() ![]() |
adran/section 28(11) | is-baragraff/sub-paragraph (a) |
Atodlen/Schedule 6 paragraff/paragraph 6 | "or proposed school" |
Atodlen/Schedule 6 paragraff/paragraph 7 | is-baragraff/sub-paragraph (2) |
Atodlen/Schedule 6 paragraff/paragraph 8(4) |
"or (in the ![]() ![]() |
Atodlen/Schedule 6 paragraff/paragraph 10 | is-baragraffau/sub-paragraphs (3) to (6) |
![]() ![]() |
![]() ![]() |
adran/section 28(3) |
"
(3) Proposals under paragraph 3 of Schedule 8 shall -
![]() ![]() ![]() ![]()
(ii) the ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() (iii) a statement explaining the effect of paragraph 7 of Schedule 6 including the ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]()
(b) shall be published -
![]() ![]() (ii) in at least one newspaper ![]() ![]() (iii) by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them." |
adran/section 28(7) |
"
(7) ![]() ![]() ![]() ![]()
![]() ![]() (b) the information specified in subsection (7A), to the National Assembly ![]() ![]() ![]() ![]()
(7A) The information referred to in subsection (7) is -
(b) evidence of ![]() ![]() ![]() ![]()
![]() ![]() ![]() ![]() ![]() ![]() (ii) the views and responses ![]() ![]() ![]() ![]()
(
![]() ![]() (ii) the number of year groups, (iii) the ![]() ![]() (iv) the number of pupils at the school;
and a
(ii) ![]() ![]() (iii) how accessible the accommodation is, (iv) ![]() ![]() (v) ( ![]() ![]() ![]() ![]() ![]() ![]()
(g) a breakdown of any |
Atodlen/Schedule 6 paragraff/paragraph 7(3) |
"
(3) Any objections under this paragraph shall be sent to the National Assembly ![]() ![]() ![]() ![]() |
Atodlen/Schedule 6 paragraff/paragraph 8(1) |
"
(1) Proposals published under paragraph 3 of Schedule 8 require approval under this paragraph." |
Atodlen/Schedule 6 paragraff/paragraph 8(3) |
"
(3) An approval given under this paragraph may be expressed to take effect only if a scheme relating to any ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
Atodlen/Schedule 6paragraff/paragraph 8(5) |
"
(5) Proposals published under paragraph 3 of Schedule 8 may only be ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
Atodlen/Schedule 6 paragraff/paragraph 10(1) |
"
(1) ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
Atodlen/Schedule 6 paragraff/paragraph 10(2) |
"
(2) At the request of the governing body or the local education authority, the National Assembly ![]() ![]() ![]() ![]() |
(b) shall be published -
(5) Before publishing any proposals under paragraph 3 of Schedule 8, the governing body shall consult
such persons as appear to them to be appropriate; and in
discharging
their
duty
under this subsection the governing body shall have regard to any guidance given
from
time to time by the National Assembly
for
Wales.
(7)
Where
any proposals published under paragraph 3 of Schedule 8 relate to a school in
Wales,
the governing body shall send -
to the National Assembly for
Wales.
(7A) The information referred to in subsection (7) is -
(c)
a map showing the location of the school and all other
community,
voluntary and
foundation
schools
within
a radius of 3.218688 kilometres (2 miles),
where
the school is a primary school or 4.828032 kilometres (3 miles)
where
the school is a secondary school;
(d)
the
following
information relating to the school
for
the school year in
which
the proposals
were
published and (except
for
the information specified in sub-paragraph (iv)), the previous school year -
and a forecast
of the matters specified in sub-paragraphs (ii) to (iv)
for
each of the subsequent
five
years;
(e) a list of all the schools within
the radius of the school mentioned in paragraph (
c)
above stating
which
schools are maintained by
different
local education authorities together
with
the information referred to in paragraph (
d)
in respect of each such school;
(f)
the
following
information relating to the accommodation at the school -
(g) a breakdown of any costs
involved in the
change
of
category;
(h)
details
of the policy of the school relating to the education of pupils
with
special educational needs;
(i) a statement as to whether
the school has been inspected under section 10 of the School Inspections Act 1996
during
the period starting three years before the
date
of the notice of the proposals and,
where
the school has been inspected
during
that period, the
date
of the inspection and
details
of the outcome of the inspection;
(j) details
of the tenure (
freehold
or leasehold) on
which
the site of the school is held and, if the premises are held on a lease,
details
of the lease; and
(k) details
of the trusts on
which
the site of the school is held.
(11) In this part -
8.
- (1) Proposals published under paragraph 3 of Schedule 8 require approval under this paragraph.
(2) Where
any proposals require approval under this paragraph, the National Assembly
for
Wales
may -
(3) Any approval given under this paragraph may be expressed to take effect only if a scheme relating to any charity
connected
with
the school is made by a
date
specified in the approval.
(4) When
deciding
whether
or not to give any approval under this paragraph the National Assembly
for
Wales
shall have regard to the school organisation plan
for
the area in
which
the school is situated.
(5) Proposals published under paragraph 3 of Schedule 8 may only be withdrawn
with
the
consent
of the National Assembly
for
Wales.
10.
- (1)
Where
any proposals published under paragraph 3 of Schedule 8 have been approved under paragraph 8 then (subject to the
following
provisions of this paragraph) the proposals shall be implemented in the
form
in
which
they
were
so approved in accordance
with
regulations made under paragraph 5 of Schedule 8.
(2) At the request of the governing body or the local education authority, the National Assembly for
Wales.
(d)
one staff governor;)
(e) x foundation
governors;
(f)
x
co-opted
governors (including any governors referred to in paragraph 6, 7 or 8 below);
(g) the head teacher, (except at any time when
he has given
written
notice to the
clerk
to the governing body of the school that he
chooses
not to be a governor).
5. Total number of governors
6.
One co-opted
governor
will
be a governor
for
whose
appointment nominations are to be sought
from
the minor authority or (as the
case
may be)
from
one or more of the minor authorities in relation to the school.)
7.
x co-opted
governor[s]
will
be [a] governor[s]
for
whose
appointment nominations are to be sought
from
the sponsor or
from
amongst the sponsors of the school.)
8.
One co-opted
governor
will
be a governor
for
whose
appointment nominations are to be sought
from
the Education Action
Forum
for
the education action zone in relation to
which
the school is a participating school.)
9.
Set out the name of any foundation
body or persons entitled to appoint
foundation
governors. If there is more than one such person, set out the basis on
which
the appointments are made.
10.
-
name of office
11.
Repeat 10(a) and (b) as necessary where
there is more than one ex officio
foundation
governorship.
Set out procedure for
eliminating any excess in the number of
foundation
governors.
12.
Where
the school is a voluntary school
with
a religious
character,
describe
the ethos of the school.
13.
This instrument comes
into effect on the
date
of making.
14.
This instrument was
made by order of
[2]
The functions
of the Secretary of State under the provisions under
which
these regulations are made
were
transferred to the National Assembly
for
Wales
by the National Assembly
for
Wales
(Transfer of
Functions)
Order 1999 (S.I. 1999/672).back
[3]
The functions
of the Secretary of State under the provisions under
which
these regulations are made
were
transferred to the National Assembly
for
Wales
by the National Assembly
for
Wales
(Transfer of
Functions)
Order 1999 (S.I. 1999/672).back
[4]
S.I. 1999/2242 W2
href="#n4">back
[5]
Sections 10-13 of the Act do
not apply in relation to
Wales
unless an Order made by the Assembly provides otherwise -See section 10(8). At the
date
of the making of these Regulations no such Order had been made.back
[6]
Part II of the Education (School Government) (Wales)
Regulations 1999 makes provision regarding
contents
of instrument of government, appointments and elections of governors, and the removal of surplus governors, other than surplus
foundation
governors. Provision
for
the removal of surplus
foundation
governors is in paragraph 11 of the pro-
forma
instrument of government set out in Schedule 2 to those Regulations.back