Education (Wales) Measure 2011

Legislation Crest

W

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

1Education bodiesW

For the purposes of this Part, an “education body” means—

(a)a local authority in Wales;

(b)the governing body of a maintained school in Wales;

(c)a further education corporation (as defined by section 17(1) of the Further and Higher Education Act 1992) in Wales;

(d)the governing body of a designated institution (as defined by section 28(4) of that Act) in Wales, which—

(i)is a body incorporated by virtue of section 143(5) of the Learning and Skills Act 2000, and

(ii)is exclusively or mainly providing full-time education for persons who are above compulsory school age but who have not attained the age of 19.

Commencement Information

I1S. 1 in force at 16.11.2012 by S.I. 2012/2656, art. 2

2The collaboration objectiveW

(1)The objective of this Part is the effective and efficient use of public resources by an education body in respect of the provision of education and training suitable to the requirements of persons who have not attained the age of 19.

(2)This objective is referred to in this Part as “the collaboration objective”.

Commencement Information

I2S. 2 in force at 16.11.2012 by S.I. 2012/2656, art. 2

3Duty of education body to collaborateW

(1)An education body must consider from time to time whether the exercise of its powers of collaboration would further the collaboration objective in the exercise of its other functions.

(2)If an education body concludes that the exercise of a power of collaboration would further the collaboration objective in the exercise of its functions, it must seek to exercise, or cause to be exercised, the power.

(3)The duty in subsection (1) applies to the bodies mentioned in paragraphs (c) and (d) of section 1 in so far as it relates to the provision of secondary and further education suitable to the requirements of persons who have not attained the age of 19.

(4)The duty in subsection (1) is without prejudice to the duties in—

(a)section 33K of the Learning and Skills Act 2000 (delivery of local curriculum entitlements for students aged 16 to 18: joint working);

(b)section 116J of the Education Act 2002 (delivery of local curriculum entitlements for pupils in Key Stage 4: joint working);

(c)section 12 of the Local Government (Wales) Measure 2009 (duty to consider the exercise of powers of collaboration for the purpose of duties under that Measure).

Commencement Information

I3S. 3 in force at 16.11.2012 by S.I. 2012/2656, art. 2

4Meaning of “powers of collaboration”W

For the purposes of this Part, “powers of collaboration” means—

(a)the powers in section 5;

(b)in the case of a local authority—

(i)its power to authorise a person (or the person's employees) to exercise a function on the authority's behalf under an order made under section 70 of the Deregulation and Contracting Out Act 1994;

(ii)its power under section 101(1)(b) and (5) of the Local Government Act 1972 (arrangements for the discharge of local authority functions);

(iii)a power of the executive of the authority (or a committee or specified member of the executive) to make arrangements for the discharge of their functions under regulations made under section 19(1) of the Local Government Act 2000 (arrangements for the discharge of functions of the executive of a local authority by another local authority etc);

(iv)a power of the authority to make arrangements for the discharge of its functions under regulations made under section 19(2) of the Local Government Act 2000 (arrangements for the discharge of functions of a local authority by the executive etc of another local authority).

Commencement Information

I4S. 4 in force at 16.11.2012 by S.I. 2012/2656, art. 2

5Powers to collaborateW

(1)An education body has the powers in subsection (2) for the purpose of discharging or facilitating the discharge of—

(a)its duty under section 3,

(b)its duty under section 33K of the Learning and Skills Act 2000,

(c)its duty under section 116J of the Education Act 2002, or

(d)the duty of another education body under those provisions.

(2)The powers are—

(a)to provide financial assistance (whether by way of grant or loan) to any person;

(b)to enter into arrangements or agreements with any person;

(c)to co-operate with, or facilitate or co-ordinate the activities of, that person;

(d)to exercise on behalf of any person any functions of that person (whether alone or jointly);

(e)to make arrangements for any of the education body's functions to be carried out with one or more other education bodies, or by one or more other education bodies;

(f)to make arrangements for any of the education body's functions to be carried out by joint committees of two or more education bodies;

(g)to provide staff, goods, services or accommodation to any person;

(h)to share and use information for the purpose of exercising any powers of collaboration.

(3)These powers are—

(a)without prejudice to any other powers of an education body, and

(b)subject to provision made under section 6.

Commencement Information

I5S. 5 in force at 16.11.2012 by S.I. 2012/2656, art. 2

6Regulations about the power to collaborateW

(1)Regulations may provide for—

(a)the circumstances in which the duty in section 3(1) does not apply;

(b)the circumstances in which an education body is not required to, or is not permitted to, exercise powers of collaboration;

(c)the functions of an education body which may not be delegated under paragraphs (d), (e) and (f) of section 5(2);

(d)conditions that must be met for the exercise of powers of collaboration;

(e)the manner in which functions are to be discharged under collaboration arrangements;

(f)any other matters that are relevant to the exercise of powers of collaboration.

(2)Regulations may provide for—

(a)the establishment by education bodies of a joint committee of those bodies for the purpose of arrangements under section 5(2)(f) (“a joint committee”);

(b)the appointment of persons to serve on a joint committee (including provision as to the restrictions or other requirements relating to any such appointments) and their removal from office;

(c)the appointment of a clerk to a joint committee (including provision as to the restrictions or other requirements relating to any such appointment) and the removal of the clerk from office;

(d)the appointment by a joint committee of one of their number to act as clerk for the purposes of a meeting where the clerk fails to attend;

(e)rights of persons to attend meetings of a joint committee;

(f)restrictions on persons taking part in the proceedings of a joint committee;

(g)the dissolution of joint committees;

(h)sub-committees of joint committees (including provision for the exercise of functions of the joint committee by a sub-committee and provision in relation to sub-committees that may be made in relation to a joint committee under this section);

(i)other matters relating to the constitution or procedure of a joint committee.

(3)The power in subsection (4) applies in relation to—

(a)the functions of the education bodies which are to be discharged under paragraphs (d), (e) and (f) of section 5(2);

(b)the education bodies by whom those functions are to be discharged.

(4)Regulations may provide that any enactment is to have effect subject to all necessary modifications in its application in relation to those functions and the bodies by whom they are to be discharged.

Commencement Information

I6S. 6 in force at 16.11.2012 by S.I. 2012/2656, art. 2

7GuidanceW

In exercising its functions under this Part, an education body must have regard to guidance given from time to time by the Welsh Ministers.

Commencement Information

I7S. 7 in force at 16.11.2012 by S.I. 2012/2656, art. 2

8Interpretation of this PartW

In this Part—

  • collaboration arrangements” (“trefniadau cydlafurio”) means an activity performed in the exercise of an education body's powers of collaboration;

  • collaboration objective” (“amcan y cydlafurio”) has the meaning given by section 2;

  • education body” (“corff addysg”) has the meaning given by section 1;

  • functions” (“swyddogaethau”) means powers and duties, and in the case of a local authority means powers and duties that are education functions;

  • maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit;

  • powers of collaboration” (“pwerau cydlafurio”) has the meaning given by section 4.

Commencement Information

I8S. 8 in force at 16.11.2012 by S.I. 2012/2656, art. 2

9Minor and consequential amendmentsW

(1)In section 57(5A) of the Further and Higher Education Act 1992, for “make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies” substitute “ exercise powers under section 5(2)(b) to (f) and (h) of the Education (Wales) Measure 2011 to collaborate with such persons ”.

(2)In section 33K(5) of the Learning and Skills Act 2000—

(a)after paragraph (b) insert—

(ba)arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.;

(b)omit paragraphs (c) and (d).

(3)In the Education Act 2002—

(a)in section 26(a), after “schools” insert “ in England ”;

(b)in section 116J(5)—

(i)after paragraph (a) insert—

(aa)arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.;

(ii)omit paragraphs (b) and (c).

(4)In section 166(6) of the Education and Inspections Act 2006—

(a)in the definition of “further education body”—

(i)after “(c.13))” insert “ in England ”;

(ii)after “section 28(4) of that Act)” insert “ in England ”;

(b)in the definition of “maintained school” after “means” insert “ a school in England which is ”;

(c)in the definition of “regulations” omit “or the Assembly (in relation to Wales)”.

Commencement Information

I9S. 9 in force at 16.11.2012 by S.I. 2012/2656, art. 2

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.