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Education (Wales) Measure 2011

Type Measure of the Welsh Assembly

Publication 2022-09-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — COLLABORATION BY EDUCATION BODIES

Education bodies

1

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;

(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.

The collaboration objective

2

(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”.

Duty of education body to collaborate

3

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 65 of the Curriculum and Assessment (Wales) Act 2021.

Meaning of “powers of collaboration”

4

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).

Powers to collaborate

5

(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,

(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;

(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.

Regulations about the power to collaborate

6

(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;

(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.

Guidance

7

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

Interpretation of this Part

8

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 ... special school, a maintained nursery school or a pupil referral unit;

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

Minor and consequential amendments

9

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ”;

PART 2 — SCHOOL GOVERNANCE

CHAPTER 1 — FEDERATION OF MAINTAINED SCHOOLS

Federation of schools by governing bodies

10

(1) This section applies to the governing bodies—

(a) of two or more maintained schools,

(b) of an existing federation and one or more maintained schools, or

(2) Governing bodies may provide for their respective schools to be federated.

(3) This power is subject to—

(a) compliance with any prescribed conditions, and

(b) the exercise of the power in accordance with any prescribed procedure.

Proposals by local authorities to federate schools

11

(1) A local authority may make proposals for the federation—

(a) of two or more maintained schools;

(b) of an existing federation and one or more maintained schools;

(2) A local authority must publish proposals made under this section.

(3) A local authority must, in accordance with regulations, consult the following persons on the published proposals—

(a) the governing bodies of the schools or federations to be federated;

(b) the staff of the schools;

(d) in so far as is practicable, registered pupils at the schools and their parents.

(4) Subsections (2) and (3) do not apply in relation to a proposal for a federation consisting only of small schools.

(5) In relation to a proposal for a federation consisting only of small schools the local authority must, in accordance with regulations, consult the governing bodies of the schools concerned.

(6) A “small school” in subsections (4) and (5) means a maintained school that, on the date that the proposal is made under subsection (1), is a small maintained school as defined in an order under section 15.

(7) A local authority must, in accordance with regulations, determine whether to—

(a) confirm proposals, with or without modification or subject to the occurrence of an event, or

(b) withdraw them.

(8) A local authority may make proposals for a federation that includes a maintained school that it does not maintain only if the local authority that maintains the school gives its consent.

(9) A local authority may make proposals for a federation that includes a foundation or voluntary school only if the following persons give their consent—

(a) in the case of a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

(b) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(10) Regulations may make further provision about proposals under this section and may (among other things) make provision about—

(a) obtaining consent from prescribed persons to the making, publication or confirmation of proposals;

(b) the information to be included in, or provided in relation to, the proposals;

(d) consultation on the proposals;

(e) the making of objections to or comments on the proposals;

(f) withdrawal or modification of the proposals;

(g) confirmation of the proposals by the local authority.

Implementation of proposals under section 11

12

(1) This section applies to proposals under section 11.

(2) Confirmed proposals must be implemented by the persons mentioned in subsection (3), respectively, to such extent (if any) as the proposals provide for each of them to do so.

(3) The persons are—

(a) the local authority that maintains a school subject to the proposals;

(b) the governing body of a school subject to the proposals;

(4) Confirmed proposals are to be implemented in the form in which they were confirmed, subject to the following subsections.

(5) At the request of prescribed persons, the local authority that made the proposals—

(a) may modify the proposals after consulting such persons as may be prescribed, and

(b) if any confirmation was given subject to the occurrence of a specified event, may specify a later date by which the event in question must occur.

(6) A local authority that made the proposals may determine that subsection (2) is to cease to apply to the proposals if it is satisfied—

(a) that implementation of the proposals would be unreasonably difficult, or

(b) that the circumstances have so altered since confirmation was given that implementation would be inappropriate.

(7) If required to do so by regulations, a local authority must consult or obtain the consent of such persons as may be prescribed before making a determination under subsection (6).

Single governing body for federations

13

A federation must—

(a) have a single governing body constituted under a single instrument of government;

(b) in prescribed cases, be treated as a single school for the purposes of such enactments as may be prescribed, other than any enactment contained in Part 3 of the School Standards and Organisation (Wales) Act 2013 (school organisation) or in Part 3 of the School Standards and Framework Act 1998 (school admissions).

Regulations in relation to federations

14

(1) Regulations may make provision—

(a) as to the dissolution of governing bodies on the formation of a federation;

(b) enabling the governing body of a federation to continue in existence as a body corporate when one or more schools join or leave the federation;

(c) as to the circumstances in which and manner in which a federation may be dissolved, or one or more schools may leave a federation;

(d) enabling the governing body of a federation that is dissolved to be replaced either by governing bodies for each of the constituent schools or by governing bodies which include the governing body of a new federation;

(e) as to the transition from one governing body to another;

(f) as to the transfer of property, rights and liabilities between governing bodies, or between local authorities and governing bodies;

(g) as to such other matters relating to federations, federated schools or the formation or dissolution of federations as the Welsh Ministers consider appropriate.

(2) Regulations made by virtue of subsection (1)(f) in relation to the transfer of property, rights and liabilities may—

(a) provide for prescribed matters to be determined by the Welsh Ministers,

(b) apply with modifications any provision of Schedule 10 to the Education Reform Act 1988 (supplementary provisions with respect to transfers under that Act), or

Identification of small maintained schools in Wales for the purposes of this Chapter

15

(1) The Welsh Ministers may make provision by order for the definition of a small maintained school by reference to a specified number of pupils registered at a school on a specified date in any year.

(2) An order under this section applies for the purposes of provision under this Chapter.

(3) In this section, “specified” means specified in an order made by the Welsh Ministers.

Federation of schools causing concern by direction of the Welsh Ministers

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance given by the Welsh Ministers

17

In exercising their functions under this Chapter, a local authority and a governing body of a maintained school must have regard to guidance given from time to time by the Welsh Ministers.

Federations: supplementary provisions

18

(1) Regulations may make provision for the purposes of this Chapter modifying any provision contained in—

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