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The Government of Maintained Schools (Wales) Regulations 2005
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Changes and effects yet to be applied to Regulation 34:
- Regulations applied (with modifications) by S.I. 2001/2678, reg. 12, Sch. 3 (as substituted) by S.I. 2005/2916 reg. 6 Sch.
- reg. 34 modified by S.I. 2014/1132 reg. 81(4)(b)
- reg. 34 modified by S.I. 2014/1132 reg. 88(2)(b)
- reg. 34-37 words substituted by S.I. 2010/1142 Sch. 1 para. 17(14)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 5 para. 9(ba)(bb) inserted by S.I. 2009/2544 reg. 6(a)
- Sch. 5 para. 9(bc)(bd) inserted by S.I. 2010/638 reg. 87(1)(c)
- Sch. 5 para. 11A inserted by S.I. 2013/2124 reg. 6(1)
- Sch. 5 para. 9(bc) words substituted by SI 2010/2582 Sch. 4 para. 9(2) (as inserted) by S.I. 2011/577 art. 2(3) Sch.
- Sch. 7 para. 1(b) word inserted by S.I. 2010/638 reg. 87(2)
- Regulations applied (with modifications) by S.I. 2012/1643 reg. 4 6-8
- reg. 3(1)(d) words inserted by S.I. 2005/3200 reg. 8(6)
- reg. 12A inserted by S.I. 2005/3200 reg. 8(2)
- reg. 20A inserted by S.I. 2005/3200 reg. 8(3)
- reg. 25(5A) inserted by S.I. 2005/3200 reg. 8(4)
- reg. 33(5) added by S.I. 2005/3200 reg. 8(7)
- reg. 44A inserted by S.I. 2005/3200 reg. 8(9)
- reg. 45(1A) inserted by S.I. 2020/1327 reg. 3(2)
- reg. 46(2A) inserted by S.I. 2005/3200 reg. 8(12)
- reg. 47(5) inserted by S.I. 2020/1327 reg. 3(3)(c)
- reg. 55(3)(3A) substituted for reg. 55(3) by S.I. 2014/1609 reg. 3(2)
- reg. 55(4A) substituted by S.I. 2014/1609 reg. 3(3)
- reg. 60(3A) inserted by S.I. 2020/1327 reg. 3(4)
- reg. 60(9) inserted by S.I. 2005/3200 reg. 8(22)
- reg. 61(3) inserted by S.I. 2020/1327 reg. 3(5)
Procedure for making an instrumentE+W
34.—(1) Subject to paragraph (6), the governing body must prepare a draft of the instrument of government and submit it to the local education authority.
(2) Where the school has foundation governors, the governing body must not submit the draft to the local education authority unless it has been approved by—
(a)the foundation governors;
(b)any trustees of any trust relating to the school;
(c)in the case of a Church in Wales school or Roman Catholic Church school, the appropriate diocesan authority; and
(d)in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body.
(3) On receiving the draft the local education authority must consider whether it complies with all applicable statutory provisions, and if—
(a)it is content that the draft so complies, or
(b)there is agreement between it, the governing body and (if the school has foundation governors) the persons mentioned in paragraph (2) that the draft should be revised to any extent and the revised draft complies with all the applicable statutory provisions,
the instrument of government must be made by it in the form of the draft or (as the case may be) in the form of the revised draft.
(4) If, in the case of a school which has foundation governors, at any time the persons listed in paragraph (2) disagree with the draft, any of those persons may refer it to the National Assembly for Wales which must give such direction as it thinks fit having regard, in particular, to the category of school to which the school belongs.
(5) If neither of sub-paragraphs (a) and (b) of paragraph (3) applies in the case of a school which does not have foundation governors, the local education authority must—
(a)inform the governing body of the reasons why it is not content with the draft instrument of government, and
(b)give the governing body a reasonable opportunity to reach agreement with it on revising the draft;
and the instrument of government must be made by it either in the form of a revised draft agreed between it and the governing body or (in the absence of such agreement) in such form as it thinks fit having regard, in particular, to the category of school to which the school belongs.
(6) In the case of a maintained nursery school, the local education authority must prepare and make the first instrument of government.
Commencement Information
I1Reg. 34 in force at 31.10.2005, see reg. 1(1)
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