School Standards and Organisation (Wales) Act 2013

50Approval by Welsh Ministers

(1)Proposals published under section 48 require approval under this section if—

(a)the proposals affect sixth form education, or

(b)the proposals have been made by a proposer other than the relevant local authority and an objection has been made by that authority in accordance with section 49(2) and has not been withdrawn in writing before the end of 28 days beginning with the end of the objection period.

(2)Proposals affect sixth form education if—

(a)they are proposals to establish or discontinue a school providing education suitable only to the requirements of persons above compulsory school age, or

(b)they are proposals to make a regulated alteration to a school, the effect of which would be that provision of education suitable to the requirements of persons above compulsory school age at the school increases or decreases.

(3)Where proposals require approval under this section, the proposer must send a copy of the documents listed in subsection (4) to the Welsh Ministers before the end of 35 days beginning with the end of the objection period.

(4)The documents are—

(a)the report published under section 48(5),

(b)the published proposals,

(c)any objections made in accordance with section 49(2) (and not withdrawn), and

(d)where objections have been so made (and not withdrawn), the response published under section 49(3).

(5)Where proposals require approval under this section, the Welsh Ministers may—

(a)reject the proposals,

(b)approve them without modification, or

(c)approve them with modifications—

(i)after obtaining the consent of the proposer to the modifications, and

(ii)(except where the governing body or local authority, as the case may be, is the proposer), after consulting the governing body (if any) of the school to which the proposals relate and the relevant local authority.

(6)An approval may be expressed to take effect only if an event specified in the approval occurs by a date so specified.

(7)The Welsh Ministers may, at the request of the proposer, specify a later date by which the event referred to in subsection (6) is to occur.

(8)Subsection (1) does not prevent proposals from being withdrawn by notice in writing given by the proposer to the Welsh Ministers at any time before they are approved under this section.

(9)No approval is required under this section for proposals made under section 43 or 44 to discontinue a school which is a small school (see section 56).

(10)In this section “relevant local authority” means the local authority that maintains, or that it is proposed will maintain, the school to which the proposals relate.