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Change 1
As published
89C Further provision about schemes adopted or made by virtue of section 89B
(1) Regulations may make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on—
(a) local authorities in Wales, and
(b) the admission authorities for maintained schools in Wales.
(2) Regulations may provide that where a local authority in Wales or the governing body of a maintained school in Wales have, in such manner as may be prescribed, adopted a scheme formulated by a local authority for the purpose mentioned in section 89B(1)(a)—
(a) Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) is to apply as if any obligations imposed on a governing body under the scheme were duties imposed by the Education Acts.
(b) Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) is to apply as if any obligation imposed on a local authority were an education function.
(3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school in Wales falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made by virtue of section 89B so provides, be made by the local authority regardless of whether they are the admission authority for the school.
(3A) Where any decision as to whether a child is to be granted or refused admission to a maintained school in Wales is (by virtue of regulations under subsection (3)) made by the local authority although they are not the admission authority, the governing body of the school must implement the decision.
(4) Before proposing a scheme for adoption under section 89B(1) a local authority shall comply with such requirements as to consultation as may be prescribed.
(5) Regulations under subsection (4) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other.
(6) Before making a scheme under section 89B(2) in relation to the area of any local authority, the Welsh Ministers shall consult—
(a) the local authority, and
(b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.
(7) A scheme made under section 89B(2) may be varied or revoked by the Welsh Ministers.
Your change, as a redline
89C Further provision about schemes adopted or made by virtue of section 89B
(1) Regulations may make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on—
(a) local authorities in Wales, and
(b) the admission authorities for maintained schools in Wales.
(2) Regulations may provide that where a local authority in Wales or the governing body of a maintained school in Wales have, in such manner as may be prescribed, adopted a scheme formulated by a local authority for the purpose mentioned in section 89B(1)(a)—
(a) Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) is to apply as if any obligations imposed on a governing body under the scheme were duties imposed by the Education Acts.
(b) Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) is to apply as if any obligation imposed on a local authority were an education function.
(3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school in Wales falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made by virtue of section 89B so provides, be made by the local authority regardless of whether they are the admission authority for the school.
(3A) Where any decision as to whether a child is to be granted or refused admission to a maintained school in Wales is (by virtue of regulations under subsection (3)) made by the local authority although they are not the admission authority, the governing body of the school must implement the decision.
(4) Before proposing a scheme for adoption under section 89B(1) a local authority shall comply with such requirements as to consultation as may be prescribed.
(5) Regulations under subsection (4) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other.
(6) Before making a scheme under section 89B(2) in relation to the area of any local authority, the Welsh Ministers shall consult—
(a) the local authority, and
(b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.
(7) A scheme made under section 89B(2) may be varied or revoked by the Welsh Ministers.
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