UK Act of Parliament 2013 c. 1 England and Wales

School Standards and Organisation (Wales) Act 2013

An Act of the National Assembly for Wales to reform the powers of local authorities and the Welsh Ministers to intervene in the conduct of schools maintained by local authorities that are causing concern; to reform the powers of the Welsh Ministers to intervene in the exercise of education functions …

Read the Act on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Plus 34 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTION

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.001 Overview of this Act (opens in a new tab)
Part 2

STANDARDS

5 of 36 sections shown
s.019 Directions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Governing bodies and head teachers must comply with directionsCrown / Minister / Government department
s.020 Guidance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must have regard to Welsh Ministers' guidanceLocal authority
s.029 Directions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must comply with Welsh Ministers' directionsLocal authority
s.030 Duty to co-operate (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities and governing bodies must assist Welsh MinistersLocal authority
s.035 Duty to follow school improvement guidance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • School authorities must follow school improvement guidanceLocal authority
31 other sections in this Part — procedural and definitional
s.002 Grounds for intervention (opens in a new tab)
s.003 Warning notice (opens in a new tab)
s.004 Power to intervene (opens in a new tab)
s.005 Power to require governing body to secure advice or collaborate (opens in a new tab)
s.006 Power to appoint additional governors (opens in a new tab)
s.007 Power of local authority to constitute governing body of interim executive members (opens in a new tab)
s.008 Power of local authority to suspend right to delegated budget (opens in a new tab)
s.009 General power to give directions and take steps (opens in a new tab)
s.010 Warning notice (opens in a new tab)
s.011 Power of the Welsh Ministers to intervene (opens in a new tab)
s.012 Power to require governing body to secure advice or collaborate (opens in a new tab)
s.013 Power of Welsh Ministers to appoint additional governors (opens in a new tab)
s.014 Power of Welsh Ministers to constitute governing body of interim executive members (opens in a new tab)
s.015 Power of Welsh Ministers to direct federation of schools (opens in a new tab)
s.016 Power of Welsh Ministers to direct closure of school (opens in a new tab)
s.017 General power to give directions and take steps (opens in a new tab)
s.018 Governing bodies consisting of interim executive members (opens in a new tab)
s.021 Grounds for intervention (opens in a new tab)
s.022 Warning notice (opens in a new tab)
s.023 Power of Welsh Ministers to intervene (opens in a new tab)
s.024 Power to require local authority to obtain advisory services (opens in a new tab)
s.025 Power to require performance of functions by other persons on behalf of authority (opens in a new tab)
s.026 Power to require performance of functions by Welsh Ministers or nominee (opens in a new tab)
s.027 Power to direct exercise of other education functions (opens in a new tab)
s.028 General power to give directions and take steps (opens in a new tab)
s.031 Powers of entry and inspection (opens in a new tab)
s.032 Meaning of “school authority” (opens in a new tab)
s.033 Power to issue school improvement guidance (opens in a new tab)
s.034 Consultation and National Assembly for Wales procedures (opens in a new tab)
s.036 Policy statements: requirements and ancillary powers (opens in a new tab)
s.037 Directions (opens in a new tab)
Part 3

SCHOOL ORGANISATION

10 of 55 sections shown
s.038 School Organisation Code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must issue and publish the School Organisation CodeCrown / Minister / Government department
s.048 Publication and consultation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Proposer must publish and consult on school organisation proposalsLocal authority
s.052 Related proposals (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Proposer must send related school proposals to Welsh Ministers or local authorityLocal authority
s.053 Determination (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Proposer must decide on school proposals and notify stakeholdersLocal authority
s.058 Further provision about proposals made after a direction under section 57(2) (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must pay costs of proposals made after Welsh Ministers' directionLocal authority
s.063 Further provision about proposals made after a direction under section 63A(1) Regulated
Other duties (1) — Crown / regulator
  • Local authority must reimburse proposal costs and fund implementationLocal authority
s.063 Publication of Commission’s proposals and consultation Regulated
Other duties (1) — Crown / regulator
  • Commission must publish, consult and report on school proposalsStatutory regulator
s.063 Determination Regulated
Other duties (1) — Crown / regulator
  • Commission must determine school proposals and notify outcome within 7 daysStatutory regulator
s.067 Further provision about proposals made after a direction under section 66 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must fund proposals made under a section 66 directionLocal authority
s.079 Prohibition on local authorities establishing schools in England (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh local authorities must not propose English schools they would maintainLocal authority
45 other sections in this Part — procedural and definitional
s.039 Making and approval of School Organisation Code (opens in a new tab)
s.040 Restriction on establishment, alteration and discontinuance of maintained schools (opens in a new tab)
s.041 Proposals to establish mainstream schools (opens in a new tab)
s.042 Proposals to alter mainstream schools (opens in a new tab)
s.043 Proposals to discontinue mainstream schools (opens in a new tab)
s.044 Proposals to establish, alter or discontinue community special schools (opens in a new tab)
s.045 Proposals to change a school's category (opens in a new tab)
s.046 Restrictions on changing category of school (opens in a new tab)
s.047 Effect of change of category (opens in a new tab)
s.049 Objections (opens in a new tab)
s.050 Approval by Welsh Ministers (opens in a new tab)
s.051 Approval by local authority (opens in a new tab)
s.054 Referral to the Welsh Ministers (opens in a new tab)
s.055 Implementation (opens in a new tab)
s.056 Interpretation of Chapter 2 (opens in a new tab)
s.057 Directions to make proposals to remedy excessive or insufficient provision (opens in a new tab)
s.059 Making and publication of proposals by Welsh Ministers (opens in a new tab)
s.060 Objections (opens in a new tab)
s.061 Local inquiry into proposals (opens in a new tab)
s.062 Adoption of proposals (opens in a new tab)
s.063 Implementation of proposals (opens in a new tab)
s.063 Directions by the Commission to make sixth form proposals
s.063 Making of proposals by the Commission
s.063 Objections to the Commission’s proposals
s.063 Approval by Welsh Ministers
s.063 Implementation of proposals
s.063 Interpretation of Chapter 3A
s.064 Meaning of “regional provision” and “ additional learning needs functions” (opens in a new tab)
s.065 Direction to consider making regional provision (opens in a new tab)
s.066 Directions to make proposals to secure regional provision (opens in a new tab)
s.068 Proposals by Welsh Ministers (opens in a new tab)
s.069 Objections (opens in a new tab)
s.070 Adoption of proposals (opens in a new tab)
s.071 Welsh Ministers' powers to restructure sixth form education (opens in a new tab)
s.072 Consultation, publication and objections (opens in a new tab)
s.073 Determination by Welsh Ministers (opens in a new tab)
s.074 Form of implementation (opens in a new tab)
s.075 Responsibility for implementation (opens in a new tab)
s.076 Further provision as to implementation (opens in a new tab)
s.077 Consequential amendments to inspection reports on sixth form education (opens in a new tab)
s.078 Federated schools (opens in a new tab)
s.080 Notice by governing body to discontinue foundation or voluntary school (opens in a new tab)
s.081 Direction requiring discontinuance of community special school (opens in a new tab)
s.082 Transitional exemption orders for purposes of Equality Act 2010 (opens in a new tab)
s.083 Interpretation of Part 3 (opens in a new tab)
Part 4

WELSH IN EDUCATION STRATEGIC PLANS

2 of 4 sections shown
s.084 Preparation of Welsh in education strategic plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must prepare, review and consult on Welsh in education strategic plansLocal authority
s.085 Approval, publication and implementation of Welsh in education strategic plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must submit, publish and implement Welsh in education plansLocal authority
2 other sections in this Part — procedural and definitional
s.086 Assessing demand for Welsh medium education (opens in a new tab)
s.087 Regulations and guidance (opens in a new tab)
Part 5

MISCELLANEOUS SCHOOLS FUNCTIONS

4 of 9 sections shown
s.088 Duty to provide free breakfasts for pupils in primary schools (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must provide free breakfasts for primary school pupilsLocal authority
s.092 Independent counselling services for school pupils and other children (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must secure independent counselling services for pupilsLocal authority
s.093 Information about independent counselling services (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must comply with Welsh Ministers' information directionsLocal authority
s.094 Duty of governing body of maintained schools to hold meetings following petition by parents (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Governing body must hold parents' meeting on valid petitionLocal authority
5 other sections in this Part — procedural and definitional
s.089 Transitional provision (opens in a new tab)
s.090 Interpretation of sections 88 and 89 (opens in a new tab)
s.091 Amendment to power to charge for school meals (opens in a new tab)
s.095 Repeal of duty to hold annual parents' meeting (opens in a new tab)
s.096 Repeal of provision for code of practice for local authority school relations (opens in a new tab)
Part 6

GENERAL

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.097 Orders and regulations (opens in a new tab)
s.098 General interpretation and index of defined expressions (opens in a new tab)
s.099 Minor and consequential amendments (opens in a new tab)
s.100 Commencement (opens in a new tab)
s.101 Short title and inclusion as one of the Education Acts (opens in a new tab)
Schedules

Schedules

13 of 130 shown
s.sch001 (1) During the interim period, the interim executive board must... Regulated
Other duties (1) — Crown / regulator
  • Interim executive board must run school to secure future improvementCrown / Minister / Government department
s.sch001 (1) Where interim executive members are to vacate office on... Regulated
Other duties (1) — Crown / regulator
  • Local authority must arrange for governing body constitution after interim periodLocal authority
s.sch001 (1) Every appointment of an interim executive member must be... Regulated
Other duties (1) — Crown / regulator
  • Appoint interim executive members by written instrument setting out termsLocal authority
s.sch001 (1) The appropriate authority must give a copy of the... Regulated
Other duties (1) — Crown / regulator
  • Appropriate authority must circulate interim executive board appointment papersLocal authority
s.sch003 (1) Where assistance under paragraph 9 or 10 consists of... Regulated
Other duties (1) — Crown / regulator
  • Local authority must transfer school premises to trustees or foundation bodyLocal authority
s.sch003 (1) This paragraph applies to proposals relating to a community... Regulated
Other duties (1) — Crown / regulator
  • Local authorities must implement school proposals they makeLocal authority
s.sch003 (1) This paragraph applies to proposals relating to a foundation... Regulated
Other duties (1) — Crown / regulator
  • Local authorities must implement foundation or voluntary controlled school proposalsLocal authority
s.sch003 (1) This paragraph applies to proposals relating to a voluntary... Regulated
Other duties (1) — Crown / regulator
  • Local authorities must implement voluntary aided school proposalsLocal authority
s.sch003 (1) This paragraph applies to proposals relating to a community... Regulated
Other duties (1) — Crown / regulator
  • Local authority must implement community special school proposalsLocal authority
s.sch003 If a school changes category from a community school after... Regulated
Other duties (1) — Crown / regulator
  • Local authority must implement school proposals after category changeLocal authority
s.sch003 (1) This paragraph applies where a local authority is required... Regulated
Other duties (1) — Crown / regulator
  • Local authority must transfer school site and pay transfer costsLocal authority
s.sch004 (1) While the procedure for becoming a school of another... Regulated
Other duties (1) — Crown / regulator
  • Local authority must not dispose of school land during category changeLocal authority
s.sch004 (1) While the procedure for becoming a school of another... Regulated
Other duties (1) — Crown / regulator
  • Local authority must not dispose of school land without consent during category changeLocal authority
117 other schedules
s.sch001 (1) In this Schedule— “the appropriate authority” (“”) means— where...
s.sch001 (1) The interim executive board may determine its own procedure....
s.sch001 (1) If immediately before the date specified in a notice...
s.sch001 (1) Regulations made under section 19(2) or (3) of the...
s.sch001 (1) At any time during the interim period, the interim...
s.sch001 (1) The following sub-paragraph applies if— (a) the notice under...
s.sch001 (1) The interim executive members are to vacate office—
s.sch001 (1) The governing body of the school is to consist...
s.sch001 (1) On the date specified in the notice under section...
s.sch001 (1) The number of interim executive members must not be...
s.sch001 The appropriate authority may specify the duration of the interim...
s.sch001 The appropriate authority may nominate one of the interim executive...
s.sch001 The appropriate authority may pay to any interim executive member...
s.sch002 Paragraphs 2 and 3 describe regulated alterations in relation to...
s.sch002 (1) An enlargement of the premises of the school which...
s.sch002 (1) An enlargement of the premises of the school which...
s.sch002 The making permanent of a temporary enlargement which at the...
s.sch002 An alteration of the premises of the school which would...
s.sch002 For the purposes of paragraphs 10 to 13—
s.sch002 (1) The establishment or discontinuance of provision which is recognised...
s.sch002 The introduction of admission arrangements to which section 101(1) of...
s.sch002 (1) The introduction or ending of provision for boarding accommodation....
s.sch002 Paragraphs 19 to 21 describe regulated alterations in relation to...
s.sch002 (1) Except where the school is established in a hospital,...
s.sch002 The transfer of a school to a new site or...
s.sch002 The alteration of the provision of boarding accommodation so that...
s.sch002 A change in the type of special educational additional learning...
s.sch002 Paragraphs 23 to 25 describe regulated alterations in relation to...
s.sch002 (1) An enlargement of the teaching space, other than a...
s.sch002 (1) The establishment or discontinuance of provision which is recognised...
s.sch002 (1) In the case of a school at which a...
s.sch002 (1) The Welsh Ministers may by order amend any provision...
s.sch002 (1) An alteration to a school so that—
s.sch002 Paragraphs 5 to 8 describe regulated alterations in relation to...
s.sch002 (1) The alteration by a year or more of the...
s.sch002 (1) The introduction of the provision of full-time education suitable...
s.sch002 (1) This paragraph applies to— (a) primary schools,
s.sch002 (1) This paragraph applies to— (a) secondary schools,
s.sch002 Paragraphs 10 to 17 describe regulated alterations in relation to...
s.sch003 In this Part of this Schedule— (a) “proposals” means proposals...
s.sch003 A local authority may give to persons required by virtue...
s.sch003 (1) This paragraph applies to proposals to make a regulated...
s.sch003 (1) This paragraph applies where— (a) the governing body of...
s.sch003 A local authority may give to the governing body of...
s.sch004 In this Schedule— “group” (“”) has the meaning given by...
s.sch004 (1) Sub-paragraph (2) applies where— (a) proposals for a community...
s.sch004 (1) Sub-paragraph (2) applies where— (a) proposals for a community...
s.sch004 (1) Sub-paragraph (2) applies where— (a) proposals for a community...
s.sch004 (1) Sub-paragraph (2) applies where— (a) proposals for a community...
s.sch004 (1) Sub-paragraphs (2) and (3) apply where proposals for a...
s.sch004 (1) Sub-paragraphs (2) and (3) apply where proposals for a...
s.sch004 (1) Sub-paragraph (2) applies where— (a) proposals for a foundation...
s.sch004 (1) Sub-paragraph (2) applies where— (a) proposals for a foundation...
s.sch004 (1) Sub-paragraph (2) applies where— (a) proposals for a foundation...
s.sch004 (1) Sub-paragraphs (2) and (3) apply where proposals for a...
s.sch004 On the implementation date the school is to change category...
s.sch004 (1) Sub-paragraphs (2) and (3) apply where proposals for a...
s.sch004 (1) Sub-paragraph (2) applies where— (a) proposals for a voluntary...
s.sch004 (1) Sub-paragraph (2) applies where— (a) proposals for a voluntary...
s.sch004 (1) Sub-paragraph (2) applies where— (a) proposals for a foundation,...
s.sch004 (1) Sub-paragraphs (2) and (3) apply where proposals for a...
s.sch004 (1) Sub-paragraphs (2) and (3) apply where proposals for a...
s.sch004 (1) Sub-paragraph (2) applies where immediately before the implementation date...
s.sch004 (1) Sub-paragraph (2) applies if— (a) paragraph 10, 11, 12...
s.sch004 (1) Sub-paragraph (2) applies if— (a) paragraph 14, 15, 19,...
s.sch004 (1) Sub-paragraph (2) applies if— (a) paragraph 14, 15, 19,...
s.sch004 (1) This paragraph applies where a community or voluntary controlled...
s.sch004 Nothing in paragraphs 10 to 25 has the effect of...
s.sch004 (1) Sub-paragraph (2) applies if before the implementation date in...
s.sch004 (1) Sub-paragraph (2) applies if in the absence of agreement...
s.sch004 (1) An agreement under paragraph 31 may provide for the...
s.sch004 In paragraphs 31 and 32— “the prospective transferee” (“”), in...
s.sch004 (1) For the purposes of paragraphs 36 and 37 the...
s.sch004 (1) The Welsh Ministers may by regulations make provision in...
s.sch004 (1) Where a community or voluntary controlled school becomes a...
s.sch004 (1) This paragraph applies where a foundation or voluntary aided...
s.sch004 (1) This paragraph applies where a voluntary controlled school or...
s.sch004 (1) Sub-paragraph (2) applies where— (a) land is transferred to...
s.sch004 Any reference in this Part of this Schedule, in relation...
s.sch004 Transfers of land under this Schedule do not affect the...
s.sch004 In its application to transfers under this Schedule, Schedule 10...
s.sch005 (1) Section 219 of the Education Reform Act 1988 (powers...
s.sch005 For section 29 of the Childcare Act 2006 (powers of...
s.sch005 (1) Section 87 of the Equality Act 2010 (application of...
s.sch005 In the Apprenticeships, Skills, Children and Learning Act 2009 omit...
s.sch005 (1) The Education (Wales) Measure 2011 is amended as follows....
s.sch005 (1) The Education Reform Act 1988 is amended as follows....
s.sch005 (1) The Diocesan Boards of Education Measure 1991 is amended...
s.sch005 (1) The Further and Higher Education Act 1992 is amended...
s.sch005 (1) The Education Act 1996 is amended as follows.
s.sch005 (1) The Education Act 1997 is amended as follows.
s.sch005 (1) The School Standards and Framework Act 1998 is amended...
s.sch005 (1) The Education Act 1996 is amended as follows.
s.sch005 (1) The Learning and Skills Act 2000 is amended as...
s.sch005 (1) The Education Act 2002 is amended as follows.
s.sch005 (1) The Education Act 2005 is amended as follows.
s.sch005 (1) The Education and Inspections Act 2006 is amended as...
s.sch005 (1) The National Health Service (Wales) Act 2006 is amended...
s.sch005 (1) The Learner Travel (Wales) Measure 2008 is amended as...
s.sch005 (1) The Learning and Skills (Wales) Measure 2009 is amended...
s.sch005 (1) The Healthy Eating in Schools (Wales) Measure 2009 is...
s.sch005 (1) The Equality Act 2010 is amended as follows.
s.sch005 (1) The Education (Wales) Measure 2011 is amended as follows....
s.sch005 In section 19 of the Teaching and Higher Education Act...
s.sch005 (1) The Welsh Language (Wales) Measure 2011 is amended as...
s.sch005 (1) In section 512A(6) of the Education Act 1996 (transfer...
s.sch005 In Schedule 21 to the Education Act 2002 (minor and...
s.sch005 In section 103 of the Education Act 2005 (annual parents'...
s.sch005 (1) The Education and Inspections Act 2006 is amended as...
s.sch005 In section 8(2)(b) of the Healthy Eating in Schools (Wales)...
s.sch005 In section 35 of the Education Act 2011 (duties in...
s.sch005 (1) The School Standards and Framework Act 1998 is amended...
s.sch005 (1) Schedule 1 to the Local Government Act 2000 (executive...
s.sch005 (1) The Education Act 2002 is amended as follows.
s.sch005 (1) The Children Act 2004 is amended as follows.
s.sch005 (1) The Education Act 2005 is amended as follows.
s.sch005 (1) The Education and Inspections Act 2006 is amended as...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.