School Standards and Organisation (Wales) Act 2013

PART 3COMMUNITY, FOUNDATION AND VOLUNTARY SCHOOLS

9Paragraphs 10 to 17 describe regulated alterations in relation to community, foundation and voluntary schools.

Alterations to premises

10(1)An enlargement of the premises of the school which would increase the capacity of the school by at least 25% or 200 pupils as compared with the school’s capacity on the appropriate date.

(2)In determining an increase in capacity for the purpose of sub-paragraph (1), all enlargements that have taken place since the appropriate date are to be taken into account together with the proposed enlargement.

(3)The “appropriate date” is the latest of—

(a)the date falling five years before the date on which it is planned to implement the proposals to make the enlargement;

(b)the date when the school first admitted pupils;

(c)the date (or latest date) of implementation of proposals to make an alteration to the school consisting of an enlargement of its premises which proposals were published under—

(i)section 48, 59, 68 or 72, or

(ii)section 28 of the School Standards and Framework Act 1998 or paragraph 5 of Schedule 7 to that Act.

(4)References in this paragraph to an enlargement do not include a temporary enlargement.

11(1)An enlargement of the premises of the school which would increase the capacity of the school if the date on which it is planned to implement the proposals to make the enlargement falls within the period described in sub-paragraph (2).

(2)The period is five years beginning with the date (or latest date) of implementation of proposals falling within paragraph 13 (reducing a school’s capacity).

(3)“Enlargement” does not include a temporary enlargement.

12The making permanent of a temporary enlargement which at the time of its making would have fallen within paragraph 10 (but for the fact that it was temporary).

13An alteration of the premises of the school which would reduce the capacity of the school, where the proposed capacity would be lower than the highest number of registered pupils at the school at any time during the two years before the date on which the proposer formed the intention to make the proposed alteration.

14For the purposes of paragraphs 10 to 13—

(a)references to the capacity of a school are to the number of pupils the school can accommodate as determined in accordance with guidance given by the Welsh Ministers, and

(b)a “temporary enlargement” is an enlargement of a school’s premises which it is anticipated, at the time of its making, will be in place for fewer than three years.

Special educational needs

15(1)The establishment or discontinuance of provision which is recognised by the local authority as reserved for children with special educational needs.

(2)Where there is provision which is recognised by the local authority as reserved for children with special educational needs, a change in the type of such provision.

Admission arrangements

16The introduction of admission arrangements to which section 101(1) of the School Standards and Framework Act 1998 (pupil banding) applies.

Boarding provision

17(1)The introduction or ending of provision for boarding accommodation.

(2)The alteration of provision for boarding accommodation so that the number of pupils for whom such provision is made is increased or decreased by 50 pupils or more or by 50% or more.