Explanatory note
(This note is not part of the Regulations)
These Regulations are made under sections 28 and 29 of, and Schedules 6, 7 and 23 to, the School Standards and Framework Act 1998 (“the 1998 Act”), which are concerned with:
the establishment, alteration and discontinuance of community, foundation and voluntary schools, which are referred to in these Regulations as “mainstream schools” (sections 28 and 29 and Schedule 6);
the rationalisation of school places at mainstream schools (Schedule 7); and
the variation and review of standard numbers (Schedule 23).
Those 1998 Act provisions establish a general framework, leaving many details to be prescribed in Regulations made by the Secretary of State. These Regulations prescribe those details.
The functions of the Secretary of State under the various provisions dealt with in these Regulations will vest in the National Assembly for Wales on 1st July 1999. Since the Regulations do not come into force until 1st September 1999 (when the existing categories of maintained schools move to their new categories under the 1998 Act), this is reflected in the wording of the Regulations which refer to the Assembly, rather than to the Secretary of State.
The Regulations provide, in particular, for the following matters:
the methodology for determining school capacity, other than for the purposes of Part VI of Schedule 4 (regulation 2(3) and Schedule 1);
alterations to schools for which proposals must be published under section 28 of the 1998 Act (regulation 3 and Schedule 2);
information which must be included in proposals published under sections 28 and 29 and paragraph 5 of Schedule 7 and paragraph 9 of Schedule 23 (regulation 4 and Schedule 3);
the manner of publication of proposals referred to in (c) above and proposals under paragraph 10(4) of Schedule 6 (publication of proposals that the Assembly should determine that proposals under section 28 or 29 should not be required to be implemented because implementation would be unreasonably difficult or would not be appropriate by reason of changed circumstances), paragraph 5 of Schedule 7 and paragraph 9 of Schedule 23 (regulation 5);
the information which is to be provided to the Assembly in connection with proposals published under sections 28 and 29 and paragraph 9 of Schedule 23 (regulation 6 and Schedule 4);
the period within which objections to proposals under sections 28 and 29 and paragraph 5 of Schedule 7 and paragraph 9 of Schedule 23 must be submitted, and the period within which (where objections are required to be sent to the LEA) the LEA must forward objections received by them with their observations thereon to the Assembly (regulation 7);
the persons who must be consulted by the Assembly before the Assembly approves, with modifications proposals under sections 28 or 29 (regulation 8);
the persons or bodies—
at whose request the Assembly may modify approved proposals under section 28 or 29;
whom it must consult before modifying such approved proposals; and
at whose request it may, where approval of such proposals was given in accordance with paragraph 8(3) of Schedule 6 (approval expressed to take effect only if an event specified in the approval occurs by a date so specified), specify a later date by which the event in question must occur (regulation 9);
application of and modification of provisions of the 1998 Act in special cases (regulation 10 and Schedule 5); and
provision (for the purposes of paragraph 10(7) of Schedule 23) relating to the review by the Assembly of decisions of the Assembly varying standard numbers.
The Regulations amend regulation 12 of the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999 to correct errors in that regulation—see regulation 12.
The Regulations supercede the Education (Publication of Proposals for Reduction in Standard Numbers) Regulations 1991 and the Education (Publication of School Proposals and Notices) Regulations 1993, which are revoked in relation to Wales (insofar as they would otherwise have continued to have effect)—see regulation 13.