| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/1942 |
| Year | 1998 |
1998 No. 1942
EDUCATION, ENGLAND AND WALESWALES
The Education (Plans for Reducing Infant Class Sizes) (Wales) Regulations 1998
Made 10th August 1998
Laid before Parliament 11th August 1998
Coming into force 1st September 1998
In exercise of the powers conferred upon the Secretary of State by sections 2, 138(7) and (8) of the School Standards and Framework Act 19981, the Secretary of State for Wales hereby makes the following Regulations:—
Citation, commencement, application and extent
1.—(1) These Regulations may be cited as the Education (Plans for Reducing Infant Class Sizes) (Wales) Regulations 1998, and shall come into force on 1st September 1998.
(2) These Regulations apply only in relation to local education authorities in Wales.
Interpretation
2.—(1) In these Regulations—
“the 1996 Act” means the Education Act 19962;
“the 1998 Act” means the School Standards and Framework Act 1998;
“appropriate diocesan authority”, in relation to an authority, means—
(a) the Diocesan Board of Finance or other person designated by the Secretary of State under section 311(1) of the Education Act 1996 (as the case may be) for every diocese of the Church in Wales, and
(b) the bishop of every diocese of the Roman Catholic Church,
any part of the area of which (in each case) lies within the local education authority’s area;
“authority” means a local education authority;
“class” has the meaning given by section 4 of the 1998 Act;
“excepted pupil” has the meaning given in regulation 4 of the Education (Infant Class Sizes) (Wales) Regulations 19983;
“infant class” has the meaning given by section 4 of the 1998 Act;
“ordinary teaching session” has the meaning given by section 4 of the 1998 Act;
“plan”, in relation to an authority, means the statement which the authority are required to prepare by virtue of section 2(1) of the 1998 Act;
“proposed arrangements”, in relation to an authority, means the arrangements which the authority propose to make for the purpose of securing that the limit on the size of infant classes imposed under section 1 of the 1998 Act is complied with in relation to infant classes at relevant schools;
“pupil” has the meaning given by section 3(1) of the 1996 Act4;
“qualified teacher” has the meaning given by section 4 of the 1998 Act;
“relevant age group”, in relation to a school, means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school;
“relevant school”, in relation to an authority, means a school containing infant classes which is—
(a) in relation to any time before the appointed day (as defined in section 20(7) of the 1998 Act)—
(i) a county, voluntary or maintained special school maintained by that authority, or
(ii) a grant-maintained school situated within that authority’s area; and
(b) in relation to any time after that day—
(i) a community, foundation or voluntary school, or
(ii) a community or foundation special school,
maintained by that authority;
“standard number” means—
(a) until the appointed day—
(i) in relation to a county or voluntary school, the relevant standard number (within the meaning of section 411(7) of the 1996 Act), or
(ii) in relation to a grant-maintained school, the approved admission number (within the meaning of section 426 of that Act),
applying to children in any relevant age group who it is intended to admit to the school for education in an infant class; and
(b) on or after that day, in relation to a community, foundation or voluntary school, the relevant standard number (within the meaning of section 84(6) of the 1998 Act) applying to children in any relevant age group who it is intended to admit to the school for such education.
(2) Any reference in paragraph (1) to a county, voluntary, maintained special, or grant-maintained school shall be construed in accordance with the 1996 Act.
(3) In these Regulations, any reference to a full-time qualified teacher includes a reference to two or more qualified teachers who work part-time but who, in combination with each other, normally work the same number of hours in every week that would normally be worked by one qualified teacher who works full-time.
Contents of plans
3.—(1) This regulation prescribes, for the purposes of section 2(2) of the 1998 Act—
(a)
(a) the information as to the proposed arrangements which an authority are required to include in the plan, and
(b)
(b) the form which that plan is to take.
(2) The authority’s plan shall contain the information as to the proposed arrangements which is specified in the Schedule.
(3) The plan shall be submitted to the Secretary of State in the form of a single document in writing.
Consultation
4.—(1) This regulation prescribes the consultation which an authority are required to carry out for the purposes of section 2(3) of the 1998 Act.
(2) In the course of preparing the plan, the authority shall consult—
(a)
(a) the head teacher and governing body of every relevant school;
(b)
(b) every appropriate diocesan authority; and
(c)
(c) every local education authority (including one in England) any part of whose area adjoins the area of the authority.
(3) In addition, the authority shall take reasonable steps to consult—
(a)
(a) the parents of pupils attending relevant schools; and
(b)
(b) the parents of children who are likely to be admitted to relevant schools for education in infant classes in the school year 1999–2000 or 2000–2001.
Provision of information to an authority
5.—(1) The bodies and persons to whom paragraph (2) applies are hereby prescribed, for the purposes of section 2(4) of the 1998 Act, as the bodies or persons who are required to provide to an authority—
(a)
(a) such documents or information, or
(b)
(b) such other assistance,
as the authority may reasonably require for the purpose of enabling them to prepare the plan.
(2) This paragraph applies to—
(a)
(a) the head teacher and governing body of every relevant school; and
(b)
(b) every authority (including one in England) any part of whose area adjoins the area of the authority.
Submission of plan to Secretary of State
6. For the purposes of section 2(5) of the 1998 Act, 27th November 1998 is hereby prescribed as the date by which every authority are required to submit their plan to the Secretary of State for his approval.
SCHEDULE
(Regulation 3)
(Information to be included in a plan)
1. A statement setting out—
(a) an overview of the proposed arrangements;
(b) the key principles underlying those arrangements; and
(c) the details of the consultation undertaken by the authority in preparing the plan, and how the authority propose to address any concerns raised by persons or bodies so consulted by the authority.
2.—(1) A statement which explains how the authority intend to support the proposed...
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