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School norms and Organisation( Wales) Act 2013

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School norms and Organisation( Wales) Act 2013

2013 anaw 1

An Act of the National Assembly for Wales to reform the powers of original authorities and the Welsh Ministers to intermediate in the conduct of seminaries maintained by original authorities that are causing concern; to reform the powers of the Welsh Ministers to intermediate in the exercise of education functions by original authorities; to give for academy enhancement guidance; to reform the statutory arrangements for the organisation of maintained seminaries; to give for Welsh in education strategic plans; to make eclectic provision in relation to maintained seminaries; and for connected purposes.
4 March 2013)

Having been passed by the National Assembly for Wales and having entered the assent of Her Majesty, it’s legislated as follows

PART 1
preface

1Overview of this Act

1) This Act has 6 corridor.
2) Part 2 is divided into 3 Chapters containing vittles concerned with maintaining and perfecting norms —
a) in maintained seminaries, and
( b) in the exercise of education functions by original authorities.
3) Chapter 1 of Part 2( including Schedule 1) —
a) sets out the grounds for intervention by original authorities and the Welsh Ministers in the conduct of maintained seminaries that are causing concern, and
( b) provides a range of intervention powers to enable original authorities and the Welsh Ministers to deal with the causes of concern.
4) Chapter 2 —
a) sets out the grounds for intervention by the Welsh Ministers in the exercise of education functions by original authorities that are causing concern, and
( b) provides a range of intervention powers to enable the Welsh Ministers to deal with the causes of concern.
5) Chapter 3 makes provision for the Welsh Ministers to give guidance to the governing bodies of maintained seminaries, the head preceptors of similar seminaries and original authorities on how functions should be exercised with a view to perfecting the standard of education handed in maintained seminaries.

6) Part 3 is divided into 6 Chapters containing provision about the organisation of maintained seminaries.
7) Chapter 1 of Part 3 provides for a School Organisation Code about the exercise of functions under Part 3.
8) Chapter 2( including Schedules 2 to 4) makes provision taking the establishment, revision and closure of maintained seminaries in agreement with a specified process.
9) Chapter 3 provides for the rationalisation of academy places if the Welsh Ministers are of the opinion that there’s inordinate or inadequate provision for primary or secondary education in maintained seminaries.
10) Chapter 4 provides for the timber of indigenous provision for special educational requirements.
11) Chapter 5 provides for powers for the Welsh Ministers tore-structure sixth form education.
12) Chapter 6 provides for eclectic and supplemental matters relating to academy organisation.
13) Part 4 makes provision for Welsh in education strategic plans, which are to be —
( a) prepared by original authorities,
( b) approved by the Welsh Ministers, and
( c) published and enforced by original authorities( sections 84, 85 and 87).
14) Part 4 also provides a power exercisable by regulations for the Welsh Ministers to bear original authorities to carry out an assessment of the demand among parents for Welsh medium education for their children( section 86).
15) Part 5 makes provision about eclectic functions relating to maintained seminaries, including provision —
( a) taking original authorities to give breakfasts for pupils at maintained primary seminaries at the request of the governing bodies of those seminaries( sections 88 to 90);
b) amending the being powers of original authorities and governing bodies to charge for academy refections, so that —

i) a affiliated demand to charge every person the same price for the same volume of the same item is removed, and
( ii) a new demand that the price charged for an item doesn’t exceed the cost of furnishing that item is assessed( section 91);
c) taking original authorities to secure reasonable provision for a service furnishing comforting in respect of health, emotional and social requirements for specified academy pupils and other children( section 92);
( d) taking governing bodies of maintained seminaries to hold a meeting if requested to do so by parents in a solicitation( section 94) and repealing an being duty to hold an periodic parents’ meeting( section 95);
e) repealing the Welsh Ministers’ duty to issue a law of practice for securing effective connections between original authorities and maintained seminaries( section 96).
16) Part 6 —
a) introduces Schedule 5, which makes minor and consequential emendations to other legislation arising from the vittles of this Act;
( b) contains delineations that apply for the purposes of this Act generally and an indicator of delineations that apply to a number of vittles, but not the whole Act( section 98);
( c) contains other vittles which apply generally for the purposes of this Act.

PART 2
norms

CHAPTER 1
INTERVENTION IN CONDUCT OF MAINTAINED seminaries

2 Grounds for intervention

For the purposes of this Chapter, the grounds for intervention in the conduct of a maintained academy are as follows —

GROUND 1- The norms of performance of pupils at the academy are unacceptably low.
For this purpose, the norms of performance of pupils are low if they’re low by reference to any one or further of the following —

a)

the norms that the pupils might by all the circumstances nicely be anticipated to attain;
( b)

where applicable, the norms preliminarily attained by them;

c)

the norms attained by pupils at similar seminaries.

GROUND 2- There has been a breakdown in the way the academy is managed or governed.

GROUND 3- The geste of pupils at the academy or any action taken by those pupils or their parents is oppressively biasing , or is likely to oppressively prejudice, the education of any pupils at the academy.

GROUND 4- The safety of pupils or staff of the academy is hovered ( whether by a breakdown of discipline or else).

GROUND 5- The governing body or head schoolteacher has failed, or is likely to fail, to misbehave with a duty under the Education Acts.

GROUND 6- The governing body or head schoolteacher has acted, or is proposing to act, unreasonably in the exercise of any of its or his or her functions under the Education Acts.

GROUND 7- Her Majesty’s Chief Inspector of Education and Training in Wales( “ the Chief Inspector ”) has given a notice under section 37( 2) of the Education Act 2005 that the academy requires significant enhancement and that notice has not been supplanted by —

a) the Chief Inspector giving notice under that section that special measures are needed to be taken in relation to the academy, or

b) a person making a posterior examination making a report stating that in his or her opinion the academy no longer requires significant enhancement.

GROUND 8- Her Majesty’s Chief Inspector of Education and Training in Wales has given a notice under section 37( 2) of the Education Act 2005 that special measures are needed to be taken in relation to the academy and that notice has not been supplanted by a person making a posterior examination making a report stating that in his or her opinion the academy no longer requires special measures.

3 Warning notice

1) If a original authority is satisfied that one or further of grounds 1 to 6 live in relation to one of its maintained seminaries, the authority may give a warning notice to the governing body of the academy.
2) The original authority must specify each of the following in the warning notice —
a) the grounds for intervention;
b) the reasons why the authority is satisfied that the grounds live;
c) the action the authority requires the governing body to take in order to deal with the grounds for intervention;
d) the period within which the action is to be taken by the governing body( “ the compliance period ”);
e) the action the authority is inclined to take if the governing body fails to take the needed action.
3) If the original authority gives a warning notice to the governing body of a academy, it must at the same time give a dupe of the warning notice to —
( a) the head schoolteacher;
b) if the academy is a foundation or voluntary academy —
i) the person who appoints the foundation governors, and
( ii) if the academy has a religious character, the applicable religious body;
( c) the Welsh Ministers.

4Power to intermediate

1) A original authority has the power to intermediate in the conduct of one of its maintained seminaries under this Chapter if subsection( 2),( 3) or( 4) applies.
2) This subsection applies if —
a) the original authority has given a warning notice under section 3 to the governing body of the academy, and
( b) the governing body has failed to misbehave, or secure compliance, with the notice to the authority’s satisfaction within the compliance period.
3) This subsection applies if the original authority is satisfied that one or further of grounds 1 to 6 live in relation to the academy and it has reason to believe that there’s a affiliated threat to the health or safety of any person that calls for critical intervention under this Chapter.
4) This subsection applies if —
a) ground 7( academy taking significant enhancement) or ground 8( academy taking special measures) exists in relation to the academy, and
( b) a period of not lower than 10 days has ceased since the date on which the Chief Inspector gave notice to the original authority under section 37( 2) of the Education Act 2005, subject to subsection( 5).
5) The Welsh Ministers may, in relation to a particular academy, determine that subsection( 4)( b) has effect as if the reference to 10 days were to a shorter period specified in the determination.
6) Where a original authority has the power to intermediate, it must keep the circumstances giving rise to the power under review.
7) If the authority concludes that the grounds for intervention have been dealt with to its satisfaction or that exercise of its powers under this Chapter would not be applicable for any other reason, it must notify the governing body of its conclusion in jotting.
8) If a original authority gives notice under subsection( 7), it must at the same time shoot a dupe of the notice to —
( a) in the case of a foundation or voluntary academy —
i) the person who appoints the foundation governors, and
( ii) if the academy has a religious character, the applicable religious body, and
( b) the Welsh Ministers.

9) A original authority’s power to intermediate continues in effect until one of the following events takes place —
a) the authority gives notice under subsection( 7);
b) the Welsh Ministers determine that the power to intermediate is no longer in effect and give notice in writing to the original authority and the governing body of their determination;
c) the Welsh Ministers give a warning notice to the governing body of the academy under section 10.
10) A original authority which has the power to intermediate isn’t limited to taking the action it said it was inclined to take in a warning notice.

5Power to bear governing body to secure advice or unite
( 1) This section applies if a original authority has the power to intermediate in the conduct of one of its maintained seminaries.
2) The original authority may, with a view to perfecting the performance of the academy, direct the governing body of the academy to do either or both of the following —
( a) enter into a contract or other arrangement with a specified person( who may be the governing body of another academy) for the provision to the governing body of specified services of an premonitory nature;
b) exercise similar of the powers under section 5( 2) of the Education( Wales) Measure 2011( powers to unite) as are specified in the direction, subject to provision made in regulations under section 6 of that Measure.
3) Before giving a direction the original authority must consult —
a) the governing body of the academy, and
( b) in the case of a foundation or voluntary academy —
i) the person who appoints the foundation governors, and
( ii) if the academy has a religious character, the applicable religious body.
4) A direction under subsection( 2)( a) may bear the contract or other arrangement to contain specified terms and conditions.

6Power to appoint fresh governors

1) This section applies if a original authority has the power to intermediate in the conduct of one of its maintained seminaries.
2) The original authority may appoint as numerous fresh governors to the governing body of the academy as it thinks fit; and the instrument of government for the academy has effect as if it handed for similar movables ( despite anything in regulations under section 19 of the Education Act 2002).
3) The original authority may nominate one of those governors to be the president of the governing body in place of any person who has been tagged as president of that body.
4) Before making any similar appointment or nomination in relation to a voluntary backed academy, the original authority must consult —
( a) the person who appoints the foundation governors, and
( b) if the academy has a religious character, the applicable religious body.
5) A governor appointed under this section is to hold office for a period determined by the original authority.
6) A governor nominated by the original authority to be the president of the governing body is to be the president for a period determined by the original authority.
7) The original authority may pay remuneration and allowances to governors appointed under this section

7Power of original authority to constitute governing body of interim superintendent members

1) This section applies if a original authority has the power to intermediate in the conduct of one of its maintained seminaries.
2) The original authority may give the governing body of the academy a notice in writing stating that, as from a date specified in the notice, the governing body is to be constituted in agreement with Schedule 1( governing bodies conforming of interim superintendent members).
3) Before giving a notice the original authority must —
a) consult the governing body of the academy,
( b) in the case of a foundation or voluntary academy, consult —
( i) the person who appoints the foundation governors, and
( ii) if the academy has a religious character, the applicable religious body, and
( c) gain the concurrence of the Welsh Ministers.

8Power of original authority to suspend right to delegated budget

1) This section applies if —
a) a original authority has the power to intermediate in the conduct of a maintained academy, and
( b) the academy has a delegated budget within the meaning of Part 2 of the School norms and Framework Act 1998.
2) The original authority may suspend the governing body’s right to a delegated budget by giving the governing body notice of the suspense.
3) The suspense of the right to a delegated budget takes effect on damage of the notice by the governing body.
4) If the original authority gives a notice suspending the right to a delegated budget, it must give a dupe of the notice to the head schoolteacher at the same time.
5) A suspense assessed under this section has effect for the purposes of Chapter 4 of Part 2 of the School norms and Framework Act 1998( backing of maintained seminaries) as if made under paragraph 1 of Schedule 15 to that Act( suspense of fiscal delegation).

9 General power to give directions and take way

1) This section applies if the original authority has the power to intermediate in the conduct of one of its maintained seminaries.
2) If the original authority thinks it’s applicable for the purposes of dealing with the grounds for intervention, the authority may —
( a) give directions to the governing body or head schoolteacher, or
( b) take any other way.

10 warning notice
1) The Welsh Ministers may give a warning notice to the governing body of a maintained academy if —
a) they are satisfied that one or further of grounds 1 to 6 live in relation to the academy, and
( b) the original authority that maintains the academy either —
i) has not given a warning notice to the governing body under section 3 on one or further of those grounds, or
( ii) has given a warning notice, but in terms that are shy in the opinion of the Welsh Ministers.
2) The Welsh Ministers must specify each of the following in the warning notice —
a) the grounds for intervention;
b) the reasons why they’re satisfied that the grounds live;
c) the action they bear the governing body to take in order to deal with the grounds for intervention;
d) the period within which the action is to be taken by the governing body( “ the compliance period ”);
e) the action they’re inclined to take if the governing body fails to take the needed action.
3) If the Welsh Ministers give a warning notice to the governing body of a academy, they must at the same time as they give the warning notice to the governing body give a dupe of the warning notice to —
( a) the original authority;
b) the head schoolteacher;
c) if the academy is a foundation or voluntary academy —
i) the person who appoints the foundation governors, and
( ii) if the academy has a religious character, the applicable religious body.

  1. Power of the Welsh Ministers to intermediate

1) The Welsh Ministers have the power to intermediate in the conduct of a maintained academy under this Chapter if subsection( 2),( 3),( 4) or( 5) applies.
2) This subsection applies if —
a) the original authority has given a warning notice under section 3 to the governing body of the academy,
( b) the governing body has failed to misbehave, or secure compliance, with the notice to the Welsh Ministers’ satisfaction within the compliance period, and
( c) the Welsh Ministers are satisfied that the original authority has not taken, and isn’t likely to take, acceptable action for the purposes of dealing with the grounds for intervention.
3) This subsection applies if —
a) the Welsh Ministers have given a warning notice under section 10 to the governing body of the academy, and
( b) the governing body has failed to misbehave, or secure compliance, with the notice to the Welsh Ministers’ satisfaction within the compliance period.
( 4) This subsection applies if the Welsh Ministers are satisfied that one or further of grounds 1 to 6 live in relation to the academy and they’ve reason to believe that there’s a affiliated threat to the health or safety of any person that calls for critical intervention under this Chapter.
5) This subsection applies if —
a) ground 7( academy taking significant enhancement) or ground 8( academy taking special measures) exists in relation to the academy, and
( b) a period of not lower than 10 days has ceased since the date on which the Chief Inspector gave notice to the Welsh Ministers under section 37( 2) of the Education Act 2005, subject to subsection( 6).
6) The Welsh Ministers may, in relation to a particular academy, determine that subsection( 5)( b) has effect as if the reference to 10 days were to a shorter period specified in the determination.
7) Where the Welsh Ministers have the power to intermediate, they must keep the circumstances giving rise to the power under review.
8) If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise of their powers under this Chapter would not be applicable for any other reason, they must notify the governing body and the original authority of their conclusion in jotting.
9) If the Welsh Ministers give notice under subsection( 8) in relation to a foundation or voluntary academy, they must at the same time, shoot a dupe of the notice to —
( a) the person who appoints the foundation governors, and
( b) if the academy has a religious character, the applicable religious body.
10) The Welsh Ministers’ power to intermediate continues in effect until they give notice under subsection( 8).
11) Where the Welsh Ministers have the power to intermediate they aren’t limited to taking the action they said they were inclined to take in a warning notice.

  1. Power to bear governing body to secure advice or unite
    1) This section applies if the Welsh Ministers have the power to intermediate in the conduct of a maintained academy.
    2) The Welsh Ministers may, with a view to perfecting the performance of the academy, direct the governing body of the academy to do either or both of the following —
    ( a) enter into a contract or other arrangement with a specified person( who may be the governing body of another academy) for the provision to the governing body of specified services of an premonitory nature;
    b) exercise similar of the powers under section 5( 2) of the Education( Wales) Measure 2011( powers to unite) as are specified in the direction, subject to provision made in regulations under section 6 of that Measure.
    3) Before giving a direction the Welsh Ministers must consult —
    a) the governing body of the academy, and
    ( b) in the case of a foundation or voluntary academy —
    i) the person who appoints the foundation governors, and
    ( ii) if the academy has a religious character, the applicable religious body.
    4) A direction under subsection( 2)( a) may bear the contract or other arrangement to contain specified terms and conditions.

13Power of Welsh Ministers to appoint fresh governors

1) This section applies if the Welsh Ministers have the power to intermediate in the conduct of a maintained academy.
2) The Welsh Ministers may appoint as numerous fresh governors to the governing body of the academy as they suppose fit; and the instrument of government for the academy has effect as if it handed for similar movables ( despite anything in the regulations under section 19 of the Education Act 2002).
3) The Welsh Ministers may nominate one of those governors to be the president of the governing body in place of any person who has been tagged as president of that body.
4) Before making any similar appointment or nomination in relation to a voluntary backed academy, the Welsh Ministers must consult —
( a) the person who appoints the foundation governors, and
( b) if the academy has a religious character, the applicable religious body.
5) A governor appointed under this section is to hold office for a period determined by the Welsh Ministers.
6) A governor nominated by the Welsh Ministers to be the president of the governing body is to be the president for a period determined by the Welsh Ministers.
7) The Welsh Ministers may pay remuneration and allowances to governors appointed under this section.
8) Where the Welsh Ministers have exercised their power under this section in relation to any academy —
a) the original authority may not suspend the governing body’s right to a delegated budget under paragraph 1 of Schedule 15 to the School norms and Framework Act 1998, and
( b) if the original authority has formerly exercised that power or its power under section 8, the Welsh Ministers may drop the suspense.
9) Where the Welsh Ministers have exercised their power under this section in relation to a voluntary backed academy, nothing in regulations under section 19 of the Education Act 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as stoked by those appointed by the Welsh Ministers under this section.
10) The cancellation of a suspense under subsection( 8)( b) —
a) must be notified to the original authority in jotting, and
( b) takes effect from the date specified in that announcement.

14Power of Welsh Ministers to constitute governing body of interim superintendent members

1) This section applies if the Welsh Ministers have the power to intermediate in the conduct of a maintained academy.
2) The Welsh Ministers may give the governing body of the academy a notice in writing stating that, as from the date specified in the notice, the governing body is to be constituted in agreement with Schedule 1( governing bodies conforming of interim superintendent members).
3) Before giving a notice the Welsh Ministers must consult —
a) the original authority that maintains the academy,
( b) the governing body of the academy, and
( c) in the case of a foundation or voluntary academy —
i) the person who appoints the foundation governors, and
( ii) if the academy has a religious character, the applicable religious body.
4) The Welsh Ministers aren’t obliged to consult the persons mentioned in subsection( 3)( b) and( c) if the original authority has consulted them about the constitution of a governing body under section 7 on the base of a power to intermediate brought to an end by effect of section 4( 9)( b) or( c).

15Power of Welsh Ministers to direct confederation of seminaries

1) This section applies if the Welsh Ministers have the power to intermediate in the conduct of a maintained academy( “ the academy causing concern ”).
2) The Welsh Ministers may direct any of the following persons to give for one or further of the arrangements set out in subsection( 3) —
a) a original authority;
b) a governing body of a maintained academy;
c) a governing body of a confederation.
3) The arrangements are —
a) the confederation of the academy causing concern and one or further maintained seminaries;
b) the confederation of the academy causing concern and an being confederation;
c) the confederation of the academy causing concern and an being confederation and one or further maintained seminaries;
d) where the academy causing concern is part of a confederation, the confederation of that confederation and one or further maintained seminaries;
( e) where the academy causing concern is part of a confederation, the confederation of that confederation and another being confederation;
( f) where the academy causing concern is part of a confederation, the confederation of that confederation and an being confederation and one or further maintained seminaries;
( g) where the academy causing concern is part of a confederation, for the academy to leave that confederation.
4) Before giving a direction under subsection( 2), the Welsh Ministers must consult —
( a) the original authority,
( b) the governing bodies concerned, and
( c) in the case of a foundation or voluntary academy —
i) the person who appoints the foundation governors, and
( ii) if the academy has a religious character, the applicable religious body.
5) In this section “ confederation ” has the meaning given by section 21( 1) of the Education( Wales) Measure 2011.

16Power of Welsh Ministers to direct check of academy

1) This section applies if the Welsh Ministers have the power to intermediate in the conduct of a maintained academy on the base of ground 8( academy taking special measures).
2) The Welsh Ministers may give a direction to the original authority taking the academy to be discontinued on a date specified in the direction.
3) Before giving a direction under subsection( 2), the Welsh Ministers must consult —
( a) the original authority that maintains the academy,
( b) the governing body of the academy,
( c) in the case of a foundation or voluntary academy —
i) the person who appoints the foundation governors, and
( ii) if the academy has a religious character, the applicable religious body, and
( d) any other persons the Welsh Ministers consider applicable.
4) On giving a direction to discontinue the academy, the Welsh Ministers must also give notice in jotting of the direction to the governing body of the academy and its head schoolteacher.
5) Where the original authority is given a direction under subsection( 2), it must discontinue the academy in question on the date specified in the direction; and nothing in Part 3 applies to the closure of the academy under this section.
6) In this section any reference to the closure of a maintained academy is to the original authority ending to maintain it.

17General power to give directions and take way

1) This section applies if the Welsh Ministers have the power to intermediate in the conduct of a maintained academy.
2) If the Welsh Ministers suppose it’s applicable for the purposes of dealing with the grounds for intervention, the Welsh Ministers may —
( a) give directions to the governing body or head schoolteacher, or
( b) take any other way.

18 Governing bodies conforming of interim superintendent members

Schedule 1( appointment of members of interim administrative boards, the functions of boards, their procedures and affiliated matters) has effect.

19 Directions

1) A governing body of a maintained academy or a head schoolteacher subject to a direction under this Chapter must misbehave with it.
2) This includes a direction to exercise a power or duty that’s contingent upon the opinion of the governing body or head schoolteacher.
3) A direction under this Chapter —
a) must be in jotting;
b) may be varied or abandoned by a after direction;
c) is enforceable by obligatory order on operation by, or on behalf of, the person who gave the direction.

20 Guidance

In exercising its functions under this Chapter, a original authority must have regard to guidance given by the Welsh Ministers.

Reflections

CHAPTER 2
INTERVENTION IN
Original AUTHORITIES

Grounds for intervention

21Grounds for intervention

For the purposes of this Chapter, the grounds for intervention in the exercise by a original authority of its education functions are as follows —

GROUND 1- The original authority has failed, or is likely to fail, to misbehave with a duty that’s an education function.

GROUND 2- The original authority has acted, or is proposing to act, unreasonably in the exercise of an education function.

GROUND 3- The original authority is failing, or is likely to fail, to perform an education function to an acceptable standard.

Warning notice

22Warning notice

1) The Welsh Ministers may give a warning notice to a original authority if they’re satisfied that one or further of grounds 1 to 3 live in relation to the original authority.
2) The Welsh Ministers must specify each of the following in the warning notice —
a) the grounds for intervention;
b) the reasons why they’re satisfied that the grounds live;
c) the action they bear the original authority to take in order to deal with the grounds for intervention;
d) the period within which the action is to be taken by the original authority( “ the compliance period ”);
e) the action they’re inclined to take if the original authority fails to take the needed action.

Powers of intervention

23Power of Welsh Ministers to intermediate

1) The Welsh Ministers have the power to intermediate under this Chapter in the exercise of education functions by a original authority if subsection( 2) or( 3) applies.
2) This subsection applies if —
a) the Welsh Ministers have given a warning notice, and
( b) the original authority has failed to misbehave, or secure compliance, with the notice to the Welsh Ministers’ satisfaction within the compliance period.
3) This subsection applies if the Welsh Ministers are satisfied that one or further of grounds 1 to 3 live in relation to the original authority and they’ve reason to believe that —
a) there is a affiliated threat to the health or safety of any person that calls for critical intervention under this Chapter, or
( b) the original authority is doubtful to be suitable to misbehave, or secure compliance, with a warning notice.
4) Where the Welsh Ministers have the power to intermediate, they must keep the circumstances giving rise to the power under review.
5) If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise of their powers under this Chapter would not be applicable for any other reason, they must notify the original authority of their conclusion in jotting.
6) The Welsh Ministers’ power to intermediate continues in effect until they give notice under subsection( 5).
7) Where the Welsh Ministers have the power to intermediate, they aren’t limited to taking the action they said they were inclined to take in a warning notice.

24Power to bear original authority to gain premonitory services

1) This section applies if the Welsh Ministers have the power to intermediate in the exercise of education functions by a original authority.
2) The Welsh Ministers may direct the original authority to enter into a contract or other arrangement with a specified person, or a person falling within a specified class for the provision to the authority or the governing body of a academy maintained by it( or both), of specified services of an premonitory nature.
3) The direction may bear the contract or other arrangement to contain specified terms and conditions.
4) In this section “ specified ” means specified in a direction under this section.

25Power to bear performance of functions by other persons on behalf of authority

1) This section applies if the Welsh Ministers have the power to intermediate in the exercise of education functions by a original authority.
2) The Welsh Ministers may give similar directions to the original authority or any of its officers as they suppose are applicable for securing that the functions to which the grounds for intervention relate are performed on behalf of the authority by a person specified in the direction.
3) A direction under subsection( 2) may bear that any contract or other arrangement made by the authority with the specified person contains terms and conditions specified in the direction.
4) If a direction under subsection( 2) is in force, the functions of the original authority to which it relates are to be treated for all purposes as being exercisable by the specified person.

26Power to bear performance of functions by Welsh Ministers or designee

1) This section applies if the Welsh Ministers have the power to intermediate in the exercise of education functions by a original authority.
2) The Welsh Ministers may direct that the functions to which the grounds for intervention relate are to be exercised by the Welsh Ministers or a person nominated by them.
3) If a direction is made under subsection( 2), the original authority must misbehave with the instructions of the Welsh Ministers or their designee in relation to the exercise of the functions.
4) If a direction under subsection( 2) is in force, the functions of the original authority to which it relates are to be treated for all purposes as being exercisable by the Welsh Ministers or their designee.

27Power to direct exercise of other education functions

1) If the Welsh Ministers suppose it’s advisable, a direction under section 25 or 26 may relate to the performance of education functions in addition to the functions to which the grounds for intervention relate.
2) The Welsh Ministers may have regard( among other effects) to fiscal considerations in deciding whether it’s advisable that a direction should relate to education functions other than functions relating to the grounds for intervention.
28General power to give directions and take way

1) This section applies if the Welsh Ministers have the power to intermediate in the exercise of education functions by a original authority.
2) If the Welsh Ministers suppose it’s applicable in order to deal with the grounds for intervention, the Welsh Ministers may —
( a) give directions to the original authority or any of its officers, or
( b) take any other way.

Supplementary

29Directions

1) A original authority, or an officer of an authority, subject to a direction or instruction under this Chapter must misbehave with it.
2) This includes a direction or an instruction to exercise a power or duty that’s contingent upon the opinion of the original authority or an officer of the authority.
3) A direction under this Chapter —
a) must be in jotting;
b) may be varied or abandoned by a after direction;
( c) is enforceable by obligatory order on operation by, or on behalf of, the Welsh Ministers.
30Duty to co-operate

1) A original authority and the governing body of a maintained academy must give the Welsh Ministers and any person specified in subsection( 3) as important backing in connection with the exercise of functions under or by virtue of this Chapter as they’re nicely suitable to give.
2) The governing body of a maintained academy and the original authority that maintains the academy must also secure, so far as nicely practicable, that persons who work at the academy do the same.
3) The specified persons are —
a) any person authorised for the purposes of this section by the Welsh Ministers;
b) any person acting under directions under this Chapter;
c) any person aiding —
i) the Welsh Ministers, or
( ii) a person mentioned in paragraph( a) or( b).

31Powers of entry and examination

1) A person falling within subsection( 2) has at all reasonable times —
a) a right of entry to the demesne of the original authority in question and any academy maintained by it;
b) a right to check , and take clones of, any records or other documents kept by the authority or any academy maintained by it, and any other documents containing information relating to the authority or any similar academy, which the person considers applicable to the exercise by the person of functions under or by virtue of this Chapter.
2) The following persons fall within this subsection —
a) the person specified in a direction under section 24 or, where the direction specifies a class of persons, the person with whom the original authority enter into the contract or other arrangement needed by the direction;
( b) the person specified in a direction under section 25;
c) the Welsh Ministers in performance of a direction under section 26;
d) the person nominated by direction under section 26.
3) In exercising the right under subsection( 1)( b) to check records or other documents, a person( “ P ”) —
( a) is entitled to have access to, and check and check the operation of, any computer and any associated outfit or material which is or has been in use in connection with the records or other documents in question, and
( b) may bear the following persons to give any backing P may nicely bear( including, among other effects, the timber of information available for examination or copying in a comprehendible form) —
( i) the person by whom or on whose behalf the computer is or has been so habituated;
ii) any person having charge of, or else concerned with the operation of, the computer, outfit or material.
4) Any reference in this section to a person falling within subsection( 2) includes a reference to any person aiding that person.
5) In this section “ document ” and “ records ” each include information recorded in any form.

CHAPTER 3SCHOOL enhancement GUIDANCE

32Meaning of “ academy authority ”

In this Chapter “ academy authority ” means —
a) a original authority in the exercise of its education functions;
b) the governing body of a maintained academy;
c) the head schoolteacher of a maintained academy.

33Power to issue academy enhancement guidance

1) The Welsh Ministers may issue guidance to a academy authority on how the authority should exercise its functions with a view to perfecting the standard of education handed by any maintained academy in respect of which the authority exercises functions( “ academy enhancement guidance ”).
2) The Welsh Ministers —
a) may issue academy enhancement guidance to academy authorities generally or to one or further particular authorities;
b) may issue different academy enhancement guidance to different academy authorities;
c) may revise or drop academy enhancement guidance by farther guidance;
d) may drop academy enhancement guidance by issuing a notice to the academy authorities to which it’s directed.
3) The Welsh Ministers must insure that academy enhancement guidance, or a notice repealing similar guidance, states —
( a) that it’s issued under this section, and
( b) the date on which it’s to take effect.
4) The Welsh Ministers must arrange for academy enhancement guidance, or a notice repealing similar guidance, to be published.

34Consultation and National Assembly for Wales procedures

1) Before issuing or revising academy enhancement guidance, the Welsh Ministers must consult the following persons on a draft of the guidance —
( a) academy authorities likely to be affected by the guidance,
( b) Her Majesty’s Chief Inspector of Education and Training in Wales, and
( c) any other person the Welsh Ministers consider applicable.
2) If the Welsh Ministers wish to do with the draft( with or without variations) they must lay a dupe of the draft before the National Assembly for Wales.
3) If, before the end of the 40 day period, the National Assembly resolves not to authorize the draft of the guidance, the Welsh Ministers mustn’t issue it in the form of that draft.
4) If no similar resolution is made before the end of that period, the Welsh Ministers must issue the guidance( or revised guidance) in the form of the draft.
5) The 40 day period —
a) begins on the day on which the draft is laid before the National Assembly, and
( b) does not include any time during which the National Assembly is dissolved or is in recess for further than four days.
6) Subsection( 3) doesn’t help a new draft of proposed guidance or proposed revised guidance from being laid before the National Assembly.

35Duty to follow academy enhancement guidance

1) A academy authority must follow the course set out in academy enhancement guidance issued to it in agreement with this Chapter when exercising a power or duty( including a power or duty that’s contingent upon the opinion of the academy authority); but this is subject to the following vittles of this section.
2) A academy authority that’s a original authority isn’t subject to the duty under subsection( 1) so far as —
a) the authority thinks there’s good reason for it not to follow the guidance in particular orders of case or at all,
( b) it decides on an indispensable policy for the exercise of its functions in respect of the subject matter of the guidance, and
( c) a policy statement issued by the authority in agreement with section 36 is in effect.
3) A academy authority that’s the governing body of a maintained academy or its head schoolteacher isn’t subject to the duty under subsection( 1) so far as —
a) the governing body thinks there’s good reason for it or the head schoolteacher not to follow the guidance in particular orders of case or at all,
( b) the governing body decides on an indispensable policy for the exercise of its, or the head schoolteacher’s, functions in respect of the subject matter of the guidance, and
( c) a policy statement issued by the governing body in agreement with section 36 is in effect.
4) Where subsection( 2) or( 3) applies in the case of a academy authority, the authority —
( a) must follow the course set out in the policy statement, and
( b) is subject to the duty under subsection( 1) only so far as the subject matter of the academy enhancement guidance isn’t displaced by the policy statement.
5) The duties in subsections( 1) and( 4) don’t apply to a academy authority so far as it would be unreasonable for the authority to follow the academy enhancement guidance or policy statement in a particular case or order of case.

36Policy statements conditions and ancillary powers

1) A policy statement issued under section 35( 2) or( 3) must set out —
a) how the original authority or governing body( as the case may be) proposes that functions should be exercised else from the course set out in the academy enhancement guidance, and
( b) the authority’s or the body’s reasons for proposing that different course.
2) An authority or body that has issued a policy statement may —
a) issue a revised policy statement;
b) give notice repealing a policy statement.
3) A policy statement( or revised statement) must state —
a) that it’s issued under section 35( 2) or( 3)( as the case may be), and
( b) the date on which it’s to take effect.
4) The authority or body that issues a policy statement( or revised statement), or gives a notice under subsection( 2)( b), must —
( a) arrange for a statement or notice to be published;
b) shoot a dupe of any statement or notice to the Welsh Ministers.

37Directions

1) Subsection( 2) applies if, in relation to a policy statement issued by a academy authority, the Welsh Ministers consider that the authority’s indispensable policy for the exercise of functions( in whole or in part) isn’t likely to ameliorate the standard of education handed at a academy to which the policy statement relates.
2) The Welsh Ministers may direct the academy authority to take any action which the Welsh Ministers consider applicable for the purpose of securing the exercise of functions by the authority in agreement with the academy enhancement guidance issued to the authority in agreement with this Chapter.
3) A academy authority subject to a direction under this section must misbehave with it.
4) This includes a direction to exercise a power or duty that’s contingent upon the opinion of the academy authority.
5) A direction under this section —
a) must be given in jotting;
b) may be varied or abandoned by a after direction;
c) is enforceable by obligatory order on operation by, or on behalf of, the Welsh Ministers.

PART 3SCHOOL ORGANISATION

CHAPTER 1SCHOOL ORGANISATION law

38School Organisation Code

1) The Welsh Ministers must issue, and may from time to time revise, a law on academy organisation( “ the law ”).
2) The law is to contain provision about the exercise of the functions of the following persons under this Part —
a) the Welsh Ministers;
b) original authorities;
c) governing bodies of maintained seminaries;
d) other persons in connection with proffers made( or to be made) by them under this Part.
3) The law may put conditions, and may include guidelines setting out points, objects and other matters.
4) The persons appertained to in subsection( 2) must, when exercising functions under this Part —
( a) act in agreement with any applicable conditions contained in the Code, and
( b) have regard to any applicable guidelines contained in it.
5) The duty assessed by subsection( 4) also applies to a person exercising a function for the purpose of the discharge of functions under this Part by —
a) the Welsh Ministers,
( b) a original authority,
( c) the governing body of a maintained academy, or
( d) other persons in connection with proffers made( or to be made) by them under this Part.
6) The Welsh Ministers must publish the law for the time being in force on their website.
7) The Welsh Ministers may make separate provision( by means of separate canons) in relation to different functions under this Part of the persons mentioned in subsection( 2).
8) References in this section to “ the law ” or to functions under this Part have effect, in relation to a separate law, as references to that law or to functions under this Part to which it relates.

39Making and blessing of School Organisation Code

1) Before issuing or revising a law under section 38, the Welsh Ministers must consult the following persons on a draft of the law( or revised law) —
( a) each original authority,
( b) the governing body of each maintained academy,
( c) Her Majesty’s Chief Inspector of Education and Training in Wales, and
( d) any other person the Welsh Ministers consider applicable.
2) If the Welsh Ministers wish to do with the draft( with or without variations) they must lay a dupe of the draft before the National Assembly for Wales.
3) If, before the end of the 40 day period, the National Assembly resolves not to authorize the draft of the law, the Welsh Ministers mustn’t issue the proposed law in the form of that draft.
4) If no similar resolution is made before the end of that period —
a) the Welsh Ministers must issue the law( or revised law) in the form of the draft, and
( b) the law( or revised law) comes into force on the date appointed by order of the Welsh Ministers.
5) The 40 day period —
a) begins on the day on which the draft is laid before the National Assembly for Wales, and
( b) does not include any time during which the National Assembly for Wales is dissolved or is in recess for further than four days.
6) Subsection( 3) doesn’t help a new draft of a proposed law from being laid before the National Assembly.
7) References in this section to a proposed law include a proposed revised law.
( 8) The demand to consult assessed by subsection( 1) may be satisfied by discussion accepted before the coming into force of this Part indeed though the law issued under section 38( 1) takes account( to any extent) of any provision made by this Part.

CHAPTER 2SCHOOL ORGANISATION proffers

Establishment, revision and closure of maintained seminaries

40Restriction on establishment, revision and closure of maintained seminaries

1) A new community academy, voluntary academy or community special academy may be established in Wales only in agreement with this Part.
2) No new foundation academy or foundation special academy may be established in Wales.
3) A maintained academy may be discontinued only in agreement with this Part.
4) An revision which is a regulated revision in relation to the type of academy in question may be made to a maintained academy only in agreement with this Part.
5) No revision may be made to a maintained academy that changes the religious character of the academy or causes a academy to acquire or lose a religious character.
6) Subsection( 3) has effect subject to section 16( 5)( power of Welsh Ministers to direct check of academy).
7) Schedule 2( which describes regulated differences) has effect.

41Proposals to establish mainstream seminaries

1) A original authority may make proffers to establish —
a) a new community academy, or
( b) a new maintained nursery academy.
2) Any person may make proffers to establish a new voluntary academy.

42Proposals to alter mainstream seminaries

1) A original authority may make proffers —
a) to make a regulated revision to a community academy;
b) with the concurrence of the Welsh Ministers, to make an revision described in paragraph 6 of Schedule 2( opening or closing a academy’s sixth form) to a voluntary or foundation academy;
( c) to make an revision described in paragraph 10, 11, 12 or 13 of Schedule 2( adding and reducing capacity) to a voluntary or foundation academy if that academy doesn’t have a religious character;
( d) to make a regulated revision to a maintained nursery academy.
2) The governing body of a foundation or voluntary academy may make proffers to make a regulated revision to the academy.

43Proposals to discontinue mainstream seminaries

1) A original authority may make proffers to discontinue —
a) a community, foundation or voluntary academy, or
( b) a maintained nursery academy.
2) The governing body of a foundation or voluntary academy may make proffers to discontinue the academy.

Reflections

inception Information

I38S. 43 in force at1.10.2013 byS.I.2013/1800, art. 3( a)( with art. 4)

44Proposals to establish, alter or discontinue community special seminaries

A original authority may make proffers —
a) to establish a new community special academy,
( b) to make a regulated revision to such a academy, or
( c) to discontinue such a academy.

45Proposals to change a academy’s order

1) The governing body of a community academy may make proffers for the academy to come a voluntary backed academy or a voluntary controlled academy.
2) The governing body of a voluntary backed academy may make proffers for the academy to come a community academy or a voluntary controlled academy( but see subsection( 5)).
3) The governing body of a voluntary controlled academy may make proffers for the academy to come a community academy or a voluntary backed academy( but see subsection( 5)).
4) The governing body of a foundation academy may make proffers for the academy to come a community academy, a voluntary backed academy or a voluntary controlled academy( but see subsection( 5)).
5) No proffers may be made for a foundation or voluntary academy which has a religious character to come a community academy.

46Restrictions on changing order of academy

1) A maintained academy within one of the orders set out in section 20( 1) of the School norms and Framework Act 1998 may come a academy within another of those orders( except a foundation academy or foundation special academy) only in agreement with this Part.
2) A academy may not change order to come a voluntary backed academy unless the governing body of the academy satisfies the Welsh Ministers that it’ll be suitable to carry out its scores under Schedule 3 to the School norms and Framework Act 1998( backing of voluntary backed seminaries) for a period of at least five times following the date on which it’s proposed that the change of order is to take place.
3) A voluntary or foundation academy may not come a community academy unless any transfer agreement and transfer of rights and arrears agreement needed by Part 3 of Schedule 4 has been entered into.

47Effect of change of order

1) A academy’s change of order in agreement with proffers made under section 45 isn’t to be taken as authorising or taking any change in the character of the academy( including, in particular, any religious character of the academy).
2) A academy’s change of order in agreement with proffers made under section 45 isn’t to be taken as authorising a academy to establish, join or leave a foundation body.
Publication, discussion and expostulations

48Publication and discussion

1) A proposer must publish proffers made under this Chapter in agreement with the law.
2) Before publishing proffers made under this Chapter, a proposer must consult on its proffers in agreement with the law.
3) The demand to consult doesn’t apply to proffers to discontinue a academy which is a small academy( see section 56).
4) Before the end of 7 days beginning with the day on which they were published, the proposer must shoot clones of the published proffers to —
( a) the Welsh Ministers, and
( b) the original authority( if it isn’t the proposer) that maintains, or that it’s proposed will maintain, the academy to which the proffers relate.
5) The proposer must publish a report on the discussion it has carried out in agreement with the law.

49Objections

1) Any person may expostulate to proffers published under section 48.
2) expostulations must be transferred in writing to the proposer before the end of 28 days beginning with the day on which the proffers were published( “ the expostulation period ”).
3) The proposer must publish a summary of all expostulations made in agreement with subsection( 2)( and not withdrawn) and its response to those expostulations —
a) in the case of a original authority that’s needed to determine its own proffers under section 53, before the end of 7 days beginning with the day of its determination under section 53( 1), and
( b) in all other cases, before the end of 28 days beginning with the end of the expostulation period.

blessing and determination of proffers

50Approval by Welsh Ministers

1) proffers published under section 48 bear blessing under this section if —
a) the proffers affect sixth form education, or
( b) the proffers have been made by a proposer other than the applicable original authority and an expostulation has been made by that authority in agreement with section 49( 2) and has not been withdrawn in writing before the end of 28 days beginning with the end of the expostulation period.
2) proffers affect sixth form education if —
a) they are proffers to establish or discontinue a academy furnishing education suitable only to the conditions of persons above mandatory academy age, or
( b) they are proffers to make a regulated revision to a academy, the effect of which would be that provision of education suitable to the conditions of persons above mandatory academy age at the academy increases or diminishments.
3) Where proffers bear blessing under this section, the proposer must shoot a dupe of the documents listed in subsection( 4) to the Welsh Ministers before the end of 35 days beginning with the end of the expostulation period.
4) The documents are —
a) the report published under section 48( 5),
( b) the published proffers,
( c) any expostulations made in agreement with section 49( 2)( and not withdrawn), and
( d) where expostulations have been so made( and not withdrawn), the response published under section 49( 3).
5) Where proffers bear blessing under this section, the Welsh Ministers may —
( a) reject the proffers,
( b) authorize them without revision, or
( c) authorize them with variations —
i) after carrying the concurrence of the proposer to the variations, and
( ii)( except where the governing body or original authority, as the case may be, is the proposer), after consulting the governing body( if any) of the academy to which the proffers relate and the applicable original authority.
6) An blessing may be expressed to take effect only if an event specified in the blessing occurs by a date so specified.
7) The Welsh Ministers may, at the request of the proposer, specify a after date by which the event appertained to in subsection( 6) is to do.
8) Subsection( 1) doesn’t help proffers from being withdrawn by notice in writing given by the proposer to the Welsh Ministers at any time before they’re approved under this section.
9) No blessing is needed under this section for proffers made under section 43 or 44 to discontinue a academy which is a small academy( see section 56).
10) In this section “ applicable original authority ” means the original authority that maintains, or that it’s proposed will maintain, the academy to which the proffers relate.

51Approval by original authority

1) proffers published under section 48 bear blessing under this section if —
a) they don’t bear blessing under section 50,
( b) they have been made by a proposer other than the applicable original authority, and
( c) an expostulation to the proffers has been made in agreement with section 49( 2) and has not been withdrawn in writing before the end of 28 days beginning with the end of the expostulation period.
2) Where proffers bear blessing under this section, the proposer must shoot a dupe of the documents listed in subsection( 3) to the applicable original authority before the end of 35 days beginning with the end of the expostulation period.
3) The documents are —
a) the report published under section 48( 5),
( b) the published proffers,
( c) expostulations made in agreement with section 49( 2)( and not withdrawn), and
( d) the response published under section 49( 3).
4) Where proffers bear blessing under this section, the applicable original authority may —
( a) reject the proffers,
( b) authorize them without revision, or
( c) authorize them with any of the variations specified in subsection( 5) —
i) after carrying the concurrence of the Welsh Ministers and the proposer to the variations, and
( ii)( except where the governing body is the proposer) after consulting the governing body( if any) of the academy to which the proffers relate.
5) The applicable original authority may modify —
a) the date or dates specified in the published proffers as the date or dates on which the proffers are planned to be enforced;
b) the number of pupils specified in the published proffers as the number to be admitted to the academy( in any age group and in any academy time).
( 6) An blessing may be expressed to take effect only if an event specified in the blessing occurs by a date so specified.
7) The applicable original authority may, at the request of the proposer, specify a after date by which the event appertained to in subsection( 6) is to do.
8) The applicable original authority must make a determination under subsection( 4) whether to reject or authorize the proffers before the end of 16 weeks beginning with the end of the expostulation period.
9) Subsection( 1) doesn’t help proffers from being withdrawn by notice in writing given by the proposer to the applicable original authority at any time before they’re approved under this section.
10) No blessing is needed under this section for proffers made under section 43 or 44 to discontinue a academy which is a small academy( see section 56).
11) In this section “ applicable original authority ” means the original authority that maintains, or that it’s proposed will maintain, the academy to which the proffers relate

52Related proffers

1) A proposer must shoot to the Welsh Ministers proffers( “ proffers B ”) it has made if —
a) it considers that they’re related to proffers taking blessing under section 50( “ proffers A ”), and
( b) the proposer has not determined whether to apply proffers B under section 53 before the Welsh Ministers authorize or reject proffersA.
2) If the Welsh Ministers consider that proffers B are related to proffers A, proffers B are to be treated as taking blessing under section 50.
3) A proposer must shoot to a original authority proffers( “ proffers D ”) it has made if —
a) it considers that they’re related to proffers taking the original authority’s blessing under section 51( “ proffers C ”), and
( b) the proposer has not determined whether to apply proffers D under section 53 before the original authority approves or rejects proffersC.
4) If the original authority considers that proffers D are related to proffers C, proffers D are to be treated as taking blessing under section 51.
5) The Welsh Ministers may bear any other proffers to be treated as taking blessing under section 50 if —
a) they consider that they’re related to proffers taking their blessing under section 50, and
( b) the proposer has not determined whether to apply them under section 53 before the Welsh Ministers authorize or reject the proffers taking blessing.
6) A original authority may bear any other proffers to be treated as taking blessing under section 51 if —
a) it considers that they’re related to proffers taking its blessing under section 51, and
( b) the proposer has not determined whether to apply them under section 53 before the original authority approves or rejects the proffers taking blessing.
7) This section doesn’t apply to proffers appertained to a original inquiry under section 61( original inquiry into proffers for the rationalisation of academy places)

53Determination

1) Where any proffers published under section 48 don’t bear blessing under section 50 or 51, the proposer must determine whether the proffers should be enforced.
2) If a determination under subsection( 1) isn’t made before the end of 16 weeks beginning with the end of the expostulation period, the proposer is to be taken to have withdrawn the proffers.
3) Before the end of 7 days beginning with the day of its determination under subsection( 1), the proposer must notify the following of the determination —
( a) the Welsh Ministers;
b)( except where it’s the proposer) the original authority that maintains, or that it’s proposed will maintain, the academy to which the proffers relate;
( c)( except where it’s the proposer) the governing body( if any) of the academy to which the proffers relate.

  1. Referral to the Welsh Ministers

1) This section applies if a original authority has —
a) determined to authorize or reject proffers under section 51( 4), or
( b) determined under section 53( 1) to apply proffers to which there was an expostulation made in agreement with section 49( and which wasn’t withdrawn in writing before the end of 28 days beginning with the end of the expostulation period).
2) Before the end of 28 days beginning with the day of the original authority’s determination under section 51( 4) or 53( 1), the following may relate the proffers to the Welsh Minister —
( a) another original authority which is likely to be affected by the proffers;
b) a original authority in England which is likely to be affected by the proffers;
c) the applicable religious body for —
i) the academy to which the proffers relate if it is, or is intended to be, a academy which has a religious character, or
( ii) any other academy which has a religious character and which is likely to be affected by the proffers;
d) if the academy to which the proffers relate is a foundation or voluntary academy, the governing body of the academy;
( e) a trust holding property for the purpose of the academy to which the proffers relate;
f) an institution within the farther education sector which is likely to be affected by the proffers.
3) Whether an authority, academy or institution is likely to be affected by the proffers for the purpose of subsection( 2) is a question to be determined by the Welsh Ministers.
4) The Welsh Ministers must consider proffers appertained to them under this section anew and subsections( 5) to( 8) of section 50 apply as if the proffers needed their blessing under that section.
5) proffers made under section 43 or 44 to discontinue a academy which is a small academy( see section 56) may not be appertained to the Welsh Ministers under this section.
6) proffers which the Welsh Ministers are needed to consider under this section aren’t to be treated for the purposes of section 55 or 61 as proffers approved under section 51 or as proffers that the proposer has determined to apply under section 53.
7) proffers approved in agreement with this section are to be treated for the purposes of section 55 as proffers approved under section 50.
8) proffers rejected in agreement with this section are to be treated for the purposes of paragraph 35( 3)( e) of Schedule 4 as proffers rejected under section 50.

55Implementation

1) This section applies to —
a) proffers approved under section 50 or 51, or
( b) proffers which the proposer has determined under section 53 to apply.
2) The proffers must( subject to the following vittles of this section) be enforced in the form in which they were approved or determined to be enforced —
a) in the case of proffers made under section 41, 42, 43 or 44( establishment, revision or closure of seminaries), in agreement with Schedule 3;
( b) in the case of proffers made under section 45( change of order), in agreement with Schedule 4.
3) The proposer may( subject to subsection( 6)) determine to delay perpetration for a period of over to three times from the date or dates specified in the proffers( as approved or determined) as the date or dates on which they’re to be enforced, if it’s satisfied —
( a) that perpetration of the proffers on that date or those dates would be unreasonably delicate, or
( b) that circumstances have so altered since the proffers were approved under section 50 or 51 or determined under section 53, that perpetration of the proffers on that date or those dates would be unhappy.
4) In the case of proffers to discontinue a academy made under section 43 or 44, the proposer may( subject to subsection( 6)) determine to bring forward perpetration by a period of over to 13 weeks from the date or dates specified in the proffers( as approved or determined) as the date or dates on which they’re to be enforced.
5) The proposer may( subject to subsection( 6)) determine that subsection( 2) doesn’t apply to proffers if it’s satisfied —
a) that perpetration of the proffers would be unreasonably delicate, or
( b) that circumstances have so altered since the proffers were approved under section 50 or 51 or determined under section 53, that perpetration of the proffers would be unhappy.
6) In the case of proffers which have been approved under section 50 or 51, the proposer may only make a determination under subsection( 3),( 4) or( 5) with the agreement of the Welsh Ministers.
7) Before the end of 7 days beginning with the day of the determination, the proposer must notify the following of any determination it makes under subsection( 3),( 4) or( 5) —
( a) the Welsh Ministers;
b)( except where it’s the proposer) the original authority that maintains, or that it’s proposed will maintain the academy to which the proffers relate;
( c)( except where it’s the proposer) the governing body( if any) of the academy to which the proffers relate.
8) Where, by virtue of subsection( 5), subsection( 2) ceases to apply to any proffers, those proffers are to be treated as if they had been rejected under section 50( 5)( a) or 51( 4)( a) or as if the proposer had determined under section 53 not to apply them.

CHAPTER 3RATIONALISATION OF SCHOOL PLACES

Directions to make proffers for rationalisation of academy places

57Directions to make proffers to remedy inordinate or inadequate provision

1) This section applies where the Welsh Ministers are of the opinion that there’s inordinate provision, or that there is, or there’s likely to be, inadequate provision, for primary or secondary education in maintained seminaries —
( a) in the area of a original authority, or
( b) in a part of such an area.
2) The Welsh Ministers may —
a) direct the original authority to exercise its powers to make proffers to establish, alter or discontinue seminaries, and
( b) direct the governing body of a foundation or voluntary academy maintained by the authority to exercise its powers to make proffers to alter its academy.
3) A direction under subsection( 2) must —
a) bear the proffers to be published no latterly than the date specified in the direction,
( b) bear the proffers, in giving effect to the direction, to apply any principles specified in it, and
( c) where the Welsh Ministers are of the opinion that there is, or there’s likely to be, inadequate provision, specify the fresh number of pupils to be accommodated.
4) A direction under subsection( 2)( a) may not bear the proffers to relate to a named academy.

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