Education (Wales) Measure 2011

Legislation Crest

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Education (Wales) Measure 2011

2011 nawm 7

A Measure of the National Assembly for Wales to make provision for collaboration between local authorities, governing bodies of maintained schools and further education institutions; to make provision for the federation of maintained schools, the training of governors and clerks to governing bodies of maintained schools and the provision of such clerks; to make provision prohibiting new foundation schools; and for connected purposes.

This Measure, passed by the National Assembly for Wales on 29 March 2011 and approved by Her Majesty in Council on 10 May 2011, enacts the following provisions:—

PART 1 WCOLLABORATION BY EDUCATION BODIES

Prospective

1Education bodiesW

Prospective

2The collaboration objectiveW

3Duty of education body to collaborateW

Prospective

4Meaning of “powers of collaboration”W

Prospective

5Powers to collaborateW

Prospective

6Regulations about the power to collaborateW

Prospective

7GuidanceW

8Interpretation of this PartW

Prospective

9Minor and consequential amendmentsW

PART 2 WSCHOOL GOVERNANCE

CHAPTER 1WFEDERATION OF MAINTAINED SCHOOLS

10Federation of schools by governing bodiesW

11Proposals by local authorities to federate schoolsW

12Implementation of proposals under section 11W

13Single governing body for federationsW

14Regulations in relation to federationsW

15Identification of small maintained schools in Wales for the purposes of this ChapterW

Prospective

F216Federation of schools causing concern by direction of the Welsh MinistersW

17Guidance given by the Welsh MinistersW

18Federations: supplementary provisionsW

19Minor and consequential amendments to the Education Act 2002W

F520Minor and consequential amendments to the Education Act 2005W

21Interpretation of this ChapterW

CHAPTER 2WTRAINING FOR GOVERNORS AND CLERKS AND PROVISION OF CLERKS

22Information and training for governors of maintained schoolsW

23Duty of local authorities to provide clerks to the governing bodies of maintained schoolsW

24Training for clerks to the governing bodies of maintained schoolsW

Prospective

25Duty of local authorities to secure availability of training for clerksW

PART 3 WFOUNDATION SCHOOLS

26Prohibition of establishment of new foundation schoolsW

(1)The School Standards and Framework Act 1998 is amended as follows.

(2)In section 28—

(a)in subsection (1)(a), omit “or foundation school”;

(b)in subsection (2)(a), omit “foundation or”;

(c)after subsection (2) insert—

(2A)A local authority or promoters may not publish proposals for the establishment of a new foundation school in Wales.

(3)In paragraph 13(1) of Schedule 6, for “such” substitute “ voluntary controlled ”.

(4)In section 113A(4)(a) of the Learning and Skills Act 2000, omit “foundation,”.

27Prohibition of change of category to foundation schoolW

(1)Schedule 8 to the School Standards and Framework Act 1998 (changes of category of school) is amended as follows.

(2)In paragraph 1—

(a)omit sub-paragraph (1);

(b)omit paragraph (b) of sub-paragraph (2);

(c)after sub-paragraph (2) insert—

(2A)A foundation school may in accordance with this Schedule become a school within any of the following categories in pursuance of proposals published by the governing body—

(a)a community school;

(b)a voluntary aided school;

(c)a voluntary controlled school.

(3)In paragraph 3—

(a)in sub-paragraph (2), omit “If the proposals are published during the period mentioned in section 35(2),”;

(b)omit sub-paragraph (3).

28Savings: proposals to establish new foundation schoolsW

(1)Subsections (2) and (3) apply to a proposal by a local authority or any other person to establish a new foundation school where the proposal—

(a)has been published under section 28 of the School Standards and Framework Act 1998 before the coming into force of section 26, and

(b)has not been implemented in accordance with Schedule 6 to that Act before the coming into force of section 26.

(2)Nothing in section 26 affects the operation of the provisions of Parts 2 and 3 of Schedule 6 to the School Standards and Framework Act 1998 in relation to the proposal.

(3)Paragraph 13(1) of Schedule 6 to the School Standards and Framework Act 1998 has effect as if the amendment at section 26(3) had not been enacted.

29Savings: proposals to change category to foundation schoolW

(1)Subsection (2) applies to a proposal by a local authority or a governing body of a maintained school to change the category of a maintained school to a foundation school where the proposal—

(a)has been published under paragraph 2 of Schedule 8 to the School Standards and Framework Act 1998 before the coming into force of section 27, and

(b)has not been implemented in accordance with regulations made under paragraph 5 of Schedule 8 to that Act before the coming into force of section 27.

(2)Schedule 8 to the School Standards and Framework Act 1998 has effect as if the amendments at section 27 had not been enacted.

(3)In this section, “maintained school” means—

(a)a community school,

(b)a voluntary aided school, or

(c)a voluntary controlled school.

30Supplementary powersW

(1)The Welsh Ministers may at any time by order make—

(a)supplementary, incidental or consequential provision, or

(b)transitional, transitory or saving provision.

(2)The Welsh Ministers may only make such provision if they consider it necessary or expedient for the purposes of, in consequence of, or for giving full effect to, sections 26 to 29.

(3)An order may, among other things, make provision amending or revoking any subordinate legislation (within the meaning of the Interpretation Act 1978) made before the passing of this Measure.

PART 4 WGENERAL

31General interpretationW

(1)In this Measure—

  • enactment” (“deddfiad”) means any of the following, whenever passed or made—

    (a)

    an Act of Parliament;

    (b)

    a Measure or Act of the National Assembly for Wales;

    (c)

    subordinate legislation within the meaning of section 21(1) of the Interpretation Act 1978, including subordinate legislation made under any Measure or Act of the National Assembly for Wales;

    (d)

    a provision of any such Act or Measure or subordinate legislation;

  • prescribed” (“rhagnodedig”) means prescribed in regulations;

  • regulations” (“rheoliadau”) means regulations made by the Welsh Ministers.

(2)Subject to subsection (3), the Education Act 1996 and the provisions of this Measure are to be read as if those provisions were contained in the Education Act 1996.

(3)Where an expression is given for the purposes of any provision of this Measure a meaning different from that given to it for the purposes of the Education Act 1996, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

32Orders and regulationsW

(1)Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.

(2)Any power of the Welsh Ministers to make an order or regulations under this Measure includes power—

(a)to make different provision for different cases or classes of case, different areas or different purposes;

(b)to make provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case;

(c)to make such incidental, supplementary, transitory, transitional or saving provision as the Welsh Ministers think fit.

(3)Any statutory instrument containing regulations made under this Measure or an order made under section 15 or 30 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

33CommencementW

(1)The following provisions of this Measure come into force at the end of a period of two months beginning on the day on which this Measure is approved by Her Majesty in Council—

(a)sections 26 to 32;

(b)this section;

(c)section 34.

(2)The remaining provisions of this Measure come into force in accordance with provision made by the Welsh Ministers by order.

34Short title and inclusion of Measure within the Education ActsW

(1)This Measure may be cited as the Education (Wales) Measure 2011.

(2)This Measure is to be included in the list of Education Acts set out in section 578 of the Education Act 1996.