Regulation 3 Procedure for changing school session times by local education authorityC1

England and Wales

(1)

Where a local education authority propose to issue a notice under section 32(6) of the Education Act 2002 to the governing body of a school, it must—

(a)

before taking any of the actions mentioned in paragraphs (b) to (f), consult the governing body, the head teacher and all the other staff of the school;

(b)

prepare a statement—

(i)

indicating that it proposes to make a change in the school's session times,

(ii)

specifying the proposed change and when it is proposed that it should take effect,

(iii)

giving details of the date, time and place of the meeting which it is required to hold by virtue of paragraph (e) and explaining that those unable to attend the meeting may submit written comments on the proposed change before the meeting takes place;

(c)

produce that statement and any annex in such language or languages (in addition to Welsh or English), if any, as it considers appropriate;

(d)

take such steps as are reasonably practicable to secure—

(i)

that the parents of all registered pupils at the school are given (free of charge) a copy of the statement not less than two weeks before the meeting which it is required to hold by virtue of paragraph (e), and

(ii)

that copies of the statement are available for inspection (at all reasonable times and free of charge) at the school during the two week period immediately preceding that meeting;

(e)

provide an opportunity for discussion of the proposal at a meeting which is open to—

(i)

all parents of registered pupils at the school,

(ii)

the head teacher and all the other staff of the school,

(iii)

members of the governing body,

(iv)

such other persons as the local education authority may invite;

(f)

consider any written comments submitted in accordance with paragraph (b)(iii) and any comments made at the meeting on the proposal before determining whether any change in those times should be made and (if so) whether the proposal should be implemented with or without any modification.

(2)

Subject to paragraph (3), if the local education authority determines to implement the proposed change (with or without modification), it must, not less than three months before any change is to take effect—

(i)

inform the governing body and head teacher of the change and of when it is to take effect, and

(ii)

take such steps as are reasonably practicable to secure that the parents of all registered pupils at the school are so informed.

(3)

A change in the times of a school session must only be made so as to take effect at the beginning of a school year.

(4)

The proceedings of any meeting held by virtue of paragraph (1)(e) are to be under the control of the local education authority.

Annotations

Modifications

C1: Regs. 3, 4: power to disapply conferred (temp.) by 2020 c. 7, Sch. 17 para. 7(5)(n) (with ss. 88-90) (as inserted (25.6.2020 at 12.00 p.m.) by The Maintained Schools (Amendment of paragraph 7 of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/640), regs. 1(2), 2(2) (with regs. 3, 4))