Education Act 2002

192 Directions to bring forward proposals to secure regional provisionE+W

(1)Where the National Assembly for Wales is of the opinion that two or more local education authorities in Wales (“Welsh authorities”) would be able to carry out their special education functions, in respect of a particular class of children, more effectively or efficiently if regional provision were made, the Assembly may exercise its powers under this section and section 193 with a view to securing that such provision is made.

(2)The Assembly may, by order, do one or more of the following—

(a)direct a Welsh authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools;

(b)direct the governing body of a foundation, voluntary or foundation special school maintained by a Welsh authority (a “relevant school”) to exercise their powers to make proposals for the alteration of their school;

(c)direct two or more Welsh authorities to make proposals for arrangements under which—

(i)provision for education is made by one of the authorities in respect of persons from the area (or areas) of the other authority (or authorities), and

(ii)provision is made for determining the payments to be made under the arrangements in respect of the provision of that education;

(d)direct two or more Welsh authorities to make proposals for arrangements that provide for one of those authorities to make to the other (or others) such supplies of goods or services as may be specified in the proposals on such terms (including terms as to payment) as may be so specified;

(e)direct a Welsh authority and the governing bodies of one or more relevant schools to make proposals for arrangements that provide for the authority to make to the governing bodies such supplies of goods or services as may be specified in the proposals, on such terms (including terms as to payment) as may be so specified;

to secure that regional provision is made in relation to such class of children, from such areas, as may be specified in the order.

(3)Where an order contains a direction under paragraph (c) of subsection (2) and also a direction under paragraph (a) or (b) of that subsection, the payments to which paragraph (c) refers may include an amount in respect of such costs connected with the establishment, alteration or discontinuance of the school in question as may be specified in the order.

(4)An order under this section shall—

(a)require the proposals to be published not later than such date as is specified in the order, and

(b)require the body publishing the proposals to send a copy of the published proposals and such information in connection with those proposals as may be prescribed by the order, to the Assembly.

(5)Proposals made in pursuance of an order containing a direction under subsection (2)(c) to (e) must contain such information and be published in such manner as is prescribed by regulations.

(6)Regulations may, in respect of proposals made in pursuance of such an order, make provision for—

(a)consultation on the proposals;

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

(c)withdrawal of the proposals;

(d)modification of the proposals;

(e)approval of the proposals by the Assembly;

(f)implementation of the proposals by the body or bodies that made them.

(7)Without prejudice to the generality of subsection (6), regulations under that subsection may include provision equivalent to that made by or under Part 2 of Schedule 6 to the School Standards and Framework Act 1998 (c. 31) in relation to proposals of the kind mentioned in subsection (2)(a) or (b).

(8)Where proposals made by the governing body of a foundation, voluntary or foundation special school in pursuance of an order containing a direction under subsection (2)(b) are approved or, as the case may be, determined to be implemented under that Schedule, then, despite anything in Part 3 of that Schedule, the local education authority shall defray the cost of implementing the proposals.

(9)In this section—

• “powers to make proposals for the establishment, alteration or discontinuance of schools” means all or any of the powers of the local education authority to publish proposals under section 28, 29 or 31 of the School Standards and Framework Act 1998;

• “powers to make proposals for the alteration of their school”, in relation to the governing body of a foundation, voluntary or foundation special school, means their powers to publish proposals under section 28(2)(b) or 31(2)(a) of that Act;

• “regional provision” has the same meaning as in section 191;

• “special education functions” has the same meaning as in that section.