School Standards and Organisation (Wales) Act 2013
2013 anaw 1 · Enacted 4 March 2013 · Extends to England and Wales
An Act of the National Assembly for Wales to reform the powers of local authorities and the Welsh Ministers to intervene in the conduct of schools maintained by local authorities that are causing concern; to reform the powers of the Welsh Ministers to intervene in the exercise of education functions by local authorities; to provide for school improvement guidance; to reform the statutory arrangements for the organisation of maintained schools; to provide for Welsh in education strategic plans; to make miscellaneous provision in relation to maintained schools; and for connected purposes.
[4 March 2013]
Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:
Contents
- Part 1: INTRODUCTION
- 1Overview of this Act
- Part 2: STANDARDS
- Chapter 1: INTERVENTION IN CONDUCT OF MAINTAINED SCHOOLS
- Grounds for intervention
- 2Grounds for intervention
- Intervention by a local authority
- 3Warning notice
- 4Power to intervene
- 5Power to require governing body to secure advice or collaborate
- 6Power to appoint additional governors
- 7Power of local authority to constitute governing body of interim executive members
- 8Power of local authority to suspend right to delegated budget
- 9General power to give directions and take steps
- Intervention by the Welsh Ministers
- 10Warning notice
- 11Power of the Welsh Ministers to intervene
- 12Power to require governing body to secure advice or collaborate
- 13Power of Welsh Ministers to appoint additional governors
- 14Power of Welsh Ministers to constitute governing body of interim executive members
- 15Power of Welsh Ministers to direct federation of schools
- 16Power of Welsh Ministers to direct closure of school
- 17General power to give directions and take steps
- Supplementary
- 18Governing bodies consisting of interim executive members
- 19Directions
- 20Guidance
- Chapter 2: INTERVENTION IN LOCAL AUTHORITIES
- Grounds for intervention
- 21Grounds for intervention
- Warning notice
- 22Warning notice
- Powers of intervention
- 23Power of Welsh Ministers to intervene
- 24Power to require local authority to obtain advisory services
- 25Power to require performance of functions by other persons on behalf of authority
- 26Power to require performance of functions by Welsh Ministers or nominee
- 27Power to direct exercise of other education functions
- 28General power to give directions and take steps
- Supplementary
- 29Directions
- 30Duty to co-operate
- 31Powers of entry and inspection
- Chapter 3: SCHOOL IMPROVEMENT GUIDANCE
- 32Meaning of “school authority”
- 33Power to issue school improvement guidance
- 34Consultation and National Assembly for Wales procedures
- 35Duty to follow school improvement guidance
- 36Policy statements: requirements and ancillary powers
- 37Directions
- Part 3: SCHOOL ORGANISATION
- Chapter 1: SCHOOL ORGANISATION CODE
- 38School Organisation Code
- 39Making and approval of School Organisation Code
- Chapter 2: SCHOOL ORGANISATION PROPOSALS
- Establishment, alteration and discontinuance of maintained schools
- 40Restriction on establishment, alteration and discontinuance of maintained schools
- 41Proposals to establish mainstream schools
- 42Proposals to alter mainstream schools
- 43Proposals to discontinue mainstream schools
- 44Proposals to establish, alter or discontinue community special schools
- Changes of category
- 45Proposals to change a school's category
- 46Restrictions on changing category of school
- 47Effect of change of category
- Publication, consultation and objections
- 48Publication and consultation
- 49Objections
- Approval and determination of proposals
- 50Approval by Welsh Ministers
- 51Approval by local authority
- 52Related proposals
- 53Determination
- 54Referral to the Welsh Ministers
- 55Implementation
- 56Interpretation of Chapter 2
- Chapter 3: RATIONALISATION OF SCHOOL PLACES
- Directions to make proposals for rationalisation of school places
- 57Directions to make proposals to remedy excessive or insufficient provision
- 58Further provision about proposals made after a direction under section 57(2)
- Proposals by Welsh Ministers to rationalise school places
- 59Making and publication of proposals by Welsh Ministers
- Procedure for dealing with proposals under section 59
- 60Objections
- 61Local inquiry into proposals
- 62Adoption of proposals
- 63Implementation of proposals
- Chapter 3A: PROPOSALS FOR RESTRUCTURING SIXTH FORM PROVISION
- 63ADirections by the Commission to make sixth form proposals
- 63BFurther provision about proposals made after a direction under section 63A(1)
- 63CMaking of proposals by the Commission
- 63DPublication of Commission’s proposals and consultation
- 63EObjections to the Commission’s proposals
- 63FApproval by Welsh Ministers
- 63GDetermination
- 63HImplementation of proposals
- 63IInterpretation of Chapter 3A
- Chapter 4: REGIONAL PROVISION FOR SPECIAL EDUCATIONAL ADDITIONAL LEARNING NEEDS
- 64Meaning of “regional provision” and “special education additional learning needs functions”
- 65Direction to consider making regional provision
- 66Directions to make proposals to secure regional provision
- 67Further provision about proposals made after a direction under section 66
- 68Proposals by Welsh Ministers
- 69Objections
- 70Adoption of proposals
- Chapter 5: PROPOSALS FOR RESTRUCTURING SIXTH FORM EDUCATION
- Making and determining proposals
- 71Welsh Ministers' powers to restructure sixth form education Repealed
- 72Consultation, publication and objections Repealed
- 73Determination by Welsh Ministers Repealed
- Implementation of proposals for restructuring sixth form education
- 74Form of implementation Repealed
- 75Responsibility for implementation Repealed
- 76Further provision as to implementation Repealed
- Supplementary
- 77Consequential amendments to inspection reports on sixth form education
- Chapter 6: MISCELLANEOUS AND SUPPLEMENTAL
- 78Federated schools
- 79Prohibition on local authorities establishing schools in England
- 80Notice by governing body to discontinue foundation or voluntary school
- 81Direction requiring discontinuance of community special school
- 82Transitional exemption orders for purposes of Equality Act 2010
- 83Interpretation of Part 3
- Part 4: WELSH IN EDUCATION STRATEGIC PLANS
- 84Preparation of Welsh in education strategic plans
- 85Approval, publication and implementation of Welsh in education strategic plans
- 86Assessing demand for Welsh medium education
- 87Regulations and guidance
- Part 5: MISCELLANEOUS SCHOOLS FUNCTIONS
- Free breakfasts in primary schools
- 88Duty to provide free breakfasts for pupils in primary schools
- 89Transitional provision
- 90Interpretation of sections 88 and 89
- Power to charge for meals
- 91Amendment to power to charge for school meals etc
- School-based counselling
- 92Independent counselling services for school pupils and other children
- 93Information about independent counselling services
- Parents' meetings
- 94Duty of governing body of maintained schools to hold meetings following petition by parents
- 95Repeal of duty to hold annual parents' meeting
- Code of practice on local authority school relations
- 96Repeal of provision for code of practice for local authority school relations
- Part 6: GENERAL
- 97Orders and regulations
- 98General interpretation and index of defined expressions
- 99Minor and consequential amendments
- 100Commencement
- 101Short title and inclusion as one of the Education Acts
- Schedule 1: GOVERNING BODIES CONSISTING OF INTERIM EXECUTIVE MEMBERS
- Interpretation of Schedule
- 1Paragraph 1
- Governing body to consist of members appointed by appropriate authority
- 2Paragraph 2
- Effect of notice under section 7 or 14
- 3Paragraph 3
- Number of interim executive members
- 4Paragraph 4
- Terms of appointment of interim executive members
- 5Paragraph 5
- Duty of appropriate authority to inform other persons
- 6Paragraph 6
- Power to specify duration of interim period
- 7Paragraph 7
- Chair
- 8Paragraph 8
- Remuneration and allowances
- 9Paragraph 9
- Duty of interim executive board
- 10Paragraph 10
- Proceedings of interim executive board
- 11Paragraph 11
- Effect on suspension of delegated budget
- 12Paragraph 12
- Exclusion of certain statutory provisions
- 13Paragraph 13
- Closure of school
- 14Paragraph 14
- Notice of resumption of government by normally constituted governing body
- 15Paragraph 15
- Time when interim executive members cease to hold office
- 16Paragraph 16
- Establishment of normally constituted governing body
- 17Paragraph 17
- Schedule 2: REGULATED ALTERATIONS
- Part 1: ALL MAINTAINED SCHOOLS
- 1Paragraph 1
- Site transfers
- 2Paragraph 2
- Mixed sex and single-sex schools
- 3Paragraph 3
- Part 2: ALL MAINTAINED SCHOOLS OTHER THAN MAINTAINED NURSERY SCHOOLS
- 4Paragraph 4
- Age range
- 5Paragraph 5
- Sixth form provision
- 6Paragraph 6
- Language medium – primary education
- 7Paragraph 7
- Language medium - secondary education
- 8Paragraph 8
- Part 3: COMMUNITY, FOUNDATION AND VOLUNTARY SCHOOLS
- 9Paragraph 9
- Alterations to premises
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Special educational Additional learning needs
- 15Paragraph 15
- Admission arrangements
- 16Paragraph 16
- Boarding provision
- 17Paragraph 17
- Part 4: SPECIAL SCHOOLS
- 18Paragraph 18
- Increase in pupils
- 19Paragraph 19
- Boarding provision
- 20Paragraph 20
- Special educational Additional learning needs provision
- 21Paragraph 21
- Part 5: MAINTAINED NURSERY SCHOOLS
- 22Paragraph 22
- Teaching space
- 23Paragraph 23
- Special educational Additional learning needs
- 24Paragraph 24
- Language medium
- 25Paragraph 25
- Part 6: SUPPLEMENTARY
- Power to amend
- 26Paragraph 26
- Schedule 3: IMPLEMENTATION OF STATUTORY PROPOSALS
- Part 1: RESPONSIBILITY FOR IMPLEMENTATION
- Interpretation
- 1Paragraph 1
- Proposals relating to community or maintained nursery schools
- 2Paragraph 2
- Proposals relating to foundation or voluntary controlled schools
- 3Paragraph 3
- Proposals relating to voluntary aided schools
- 4Paragraph 4
- Proposals relating to community special schools
- 5Paragraph 5
- Change of category
- 6Paragraph 6
- Part 2: PROVISION OF PREMISES AND OTHER ASSISTANCE
- Provision of site and buildings for foundation or voluntary controlled school
- 7Paragraph 7
- Grants in respect of certain expenditure relating to existing or proposed voluntary aided school
- 8Paragraph 8
- Assistance in respect of maintenance and other obligations relating to voluntary aided school
- 9Paragraph 9
- Assistance in respect of new voluntary aided school
- 10Paragraph 10
- Duty to transfer interest in premises provided under paragraph 9 or 10
- 11Paragraph 11
- Part 3: TRANSITIONAL EXEMPTION ORDERS FOR PURPOSES OF THE EQUALITY ACT 2010
- Single-sex schools
- 12Paragraph 12
- Schedule 4: IMPLEMENTATION OF PROPOSALS TO CHANGE CATEGORY OF SCHOOL
- Part 1: INTRODUCTORY
- Interpretation
- 1Paragraph 1
- Implementation
- 2Paragraph 2
- Part 2: TRANSFER OF STAFF
- Change to voluntary aided school
- 3Paragraph 3
- Change to community or voluntary controlled school
- 4Paragraph 4
- Change to voluntary aided school with a religious character
- 5Paragraph 5
- Part 3: TRANSFER OF LAND
- Effect of transfers
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8 Not yet in force
- 9Paragraph 9
- Change from community school to voluntary aided school
- 10Paragraph 10
- 11Paragraph 11
- Change from community school to voluntary controlled school
- 12Paragraph 12
- 13Paragraph 13
- Change from foundation school to community school
- 14Paragraph 14
- 15Paragraph 15
- Change from foundation school to voluntary aided or voluntary controlled school
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Change from voluntary aided school to community school
- 19Paragraph 19
- 20Paragraph 20
- Change from voluntary aided or voluntary controlled school to voluntary controlled or voluntary aided school
- 21Paragraph 21
- 22Paragraph 22
- Change from foundation, voluntary aided or voluntary controlled school to voluntary controlled or voluntary aided school
- 23Paragraph 23
- Change from voluntary controlled school to community school
- 24Paragraph 24
- 25Paragraph 25
- Outstanding transfers
- 26Paragraph 26
- Transfer of right to use land
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Exclusions from transfer
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Restrictions on disposal or use of land
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- Part 4: SUPPLEMENTAL
- School government
- 38Paragraph 38
- Transitional provisions - admissions
- 39Paragraph 39
- Schedule 5: MINOR AND CONSEQUENTIAL AMENDMENTS
- Part 1: AMENDMENTS RELATING TO PART 2 (STANDARDS)
- Education Reform Act 1988
- 1Paragraph 1
- Education Act 1996
- 2Paragraph 2
- Teaching and Higher Education Act 1998
- 3Paragraph 3
- School Standards and Framework Act 1998
- 4Paragraph 4
- Local Government Act 2000
- 5Paragraph 5
- Education Act 2002
- 6Paragraph 6
- Children Act 2004
- 7Paragraph 7
- Education Act 2005
- 8Paragraph 8
- Education and Inspections Act 2006
- 9Paragraph 9
- Childcare Act 2006
- 10Paragraph 10
- Equality Act 2010
- 11Paragraph 11
- Apprenticeships, Skills, Children and Learning Act 2009
- 12Paragraph 12
- Education (Wales) Measure 2011
- 13Paragraph 13
- Part 2: AMENDMENTS RELATING TO PART 3 (SCHOOL ORGANISATION)
- Education Reform Act 1988
- 14Paragraph 14
- ...
- 15Paragraph 15 Repealed
- Further and Higher Education Act 1992
- 16Paragraph 16
- Education Act 1996
- 17Paragraph 17
- Education Act 1997
- 18Paragraph 18
- School Standards and Framework Act 1998
- 19Paragraph 19
- Learning and Skills Act 2000
- 20Paragraph 20
- Education Act 2002
- 21Paragraph 21
- Education Act 2005
- 22Paragraph 22
- Education and Inspections Act 2006
- 23Paragraph 23
- National Health Service (Wales) Act 2006
- 24Paragraph 24
- Learner Travel (Wales) Measure 2008
- 25Paragraph 25
- Learning and Skills (Wales) Measure 2009
- 26Paragraph 26
- Healthy Eating in Schools (Wales) Measure 2009
- 27Paragraph 27
- Equality Act 2010
- 28Paragraph 28
- Education (Wales) Measure 2011
- 29Paragraph 29
- Welsh Language (Wales) Measure 2011
- 30Paragraph 30
- Part 3: AMENDMENTS RELATING TO PART 5 (MISCELLANEOUS SCHOOLS DUTIES)
- Education Act 1996 and orders made under it
- 31Paragraph 31
- Education Act 2002
- 32Paragraph 32
- Education Act 2005
- 33Paragraph 33
- Education and Inspections Act 2006
- 34Paragraph 34
- Healthy Eating in Schools (Wales) Measure 2009
- 35Paragraph 35
- Education Act 2011
- 36Paragraph 36