The Education (Grant-maintained Special Schools) (Amendment) Regulations 1994

• Citation: S.I. 1994/1231
• Sections: 12

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the the Education (Grant-maintained Special Schools) (Amendment) Regulations 1994 and shall come into force on 1st June 1994.

(2) Any reference in these Regulations to the principal Regulations is a reference to the the Education (Grant-maintained Special Schools) Regulations 1994 .

Section 2 Amendment of the principal Regulations

In regulation 2 of the principal Regulations (interpretation and general modification)—

(a) in paragraph (1), the definition of “relevant particulars” shall be omitted; and

(b) after paragraph (2) there shall be inserted—

(3) Any reference, whether express or implied, in any enactment applied by these Regulations to another enactment so applied shall have effect as if it were a reference to the enactment as so applied.

Section 3 Amendment of the principal Regulations

In regulation 6 of the principal Regulations (approval, modification and implementation of proposals and incorporation of governing body)—

(a) in paragraph (1), for “34” there shall be substituted “34(2) and (3)”; and

(b) after paragraph (4) there shall be inserted—

(5) Where the governing body of a grant-maintained special school are incorporated in accordance with section 186(3) of the 1993 Act, they shall be so incorporated under the name given in the proposals for the school to become a grant-maintained special school in pursuance of paragraph 4(1)(g) of Schedule 3 to the 1993 Act (as applied by regulation 5 above).

Section 4 Amendment of the principal Regulations

After regulation 8 of the principal Regulations (expenses in connection with proposals to become a grant-maintained special school) there shall be inserted—

Interpretation of provisions of Chapter II of Part II of the 1993 Act as applied by these Regulations

(8A)

(1) Subject to the modifications set out in the following provisions of this regulation, section 37(2) to (5) of the 1993 Act shall apply in relation to proposals for a maintained special school to become a grant-maintained special school under these Regulations, and to the school to which those proposals relate, as they apply in relation to proposals for acquisition of grant-maintained status under Chapter II of Part II of the 1993 Act and to any school to which such proposals relate.

(2) In section 37(4)—

(a) in paragraph (b)—

(i) after “teacher” there shall be inserted “or”, and

(ii) “foundation or sponsor” shall be omitted; and

(b) in paragraph (d), “foundation or sponsor” and the words following “that paragraph” shall be omitted.

Section 5 Amendment of the principal Regulations

In regulation 11(1) of the principal Regulations (“pending” procedure for becoming a grant-maintained special school), for the words “a grant-maintained special school as they apply in relation to other schools” there shall be substituted—

a maintained special school in relation to which the procedure for such a school to become a grant-maintained special school has been initiated and not terminated as they apply in relation to other schools in relation to which the procedure for acquisition of grant-maintained status is pending.

Section 6 Amendment of the principal Regulations

In regulation 13(2) of the principal Regulations (information to be given in notice of proposls for the establishment of new grant-maintained special schools), the words “for a primary school” and “and for a secondary school five” shall be omitted.

Section 7 Amendment of the principal Regulations

In Part 5 of the principal Regulations (government, conduct etc. of grant-maintained special schools), before regulation 16 there shall be inserted—

Initial governors for maintained special schools becoming grant-maintained special schools

(15A) Paragraphs 1(1) and (2), 2 to 6 and 7(1) of Schedule 7 to the 1993 Act, and section 59 of that Act to the extent that it gives effect to those provisions, shall apply in relation to maintained special schools becoming grant-maintained special schools, subject to the following modifications—

(a) in paragraph 1(1) of Schedule 7—

(i) for “This Schedule applies” there shall be substituted “Paragraphs 1(2), 2 to 6 and 7(1) of this Schedule apply”, and

(ii) for “grant-maintained school” there shall be substituted “grant-maintained special school”;

(b) in paragraph 1(2) of that Schedule, for “Part II of this Schedule applies” there shall be substituted “Paragaphs 5, 6 and 7(1) of this Schedule apply”;

(c) in paragraph 5 of that Schedule—

(i) at the beginning of sub-paragraph (2) there shall be inserted “Subject to sub-paragraph (4) below;”

(ii) at the beginning of sub-paragraph (3) there shall be inserted “Subject to sub-paragraph (4) below”; and

(iii) after sub-paragraph (3) there shall be inserted—

(4) In the case of a school established in a hospital, if it is not reasonably practicable to appoint under section 71, or to appoint or nominate under section 74, of this Act a person who is a registered parent of a registered pupil at the school, then the person appointed or nominated must be a parent of one or more children of compulsory school age.

(d) in paragraphs 5(1), 6(1) and 7(1) of that Schedule, for “Chapter II” there shall be substituted “section 186(3)”.

Section 8 Amendment of the principal Regulations

In regulation 18(1) of the principal Regulations (determination and replacement of initial governors)—

(a) the word “and” at the end of paragraph (b) shall be omitted; and

(b) after paragraph (c) there shall be inserted—

and

(d) in subsection (4), the words “or, as the case may be, foundation governor” shall be omitted.

Section 9 Amendment of the principal Regulations

(1) At the end of regulation 19 of the principal Regulations (saving for defects and interpretation of sections 68 to 79 of the 1993 Act) there shall be inserted “and by paragraph (2) below”.

(2) Regulation 19 of the principal Regulations shall become paragraph (1) of that regulation and there shall be inserted after that paragraph—

(2) In section 80(4), for “section 56 of” there shall be substituted “paragraph 2 of Schedule 11 to”.

Section 10 Amendment of the principal Regulations

After regulation 22 of the principal Regulations (content of articles of government) there shall be inserted—

Duty to advertise for lay members for appeal committees

(22A) Section 267 of the 1993 Act shall apply to the governing body of a grant-maintained special school as it applies to the governing body of a grant-maintained school.

Section 11 Amendment of the principal Regulations

For regulation 23 of the principal Regulations (funding) there shall be substituted—

(23) Sections 81 to 95 of the 1993 Act shall apply to grant-maintained special schools and their governing bodies as they apply to grant-maintained schools and their governing bodies subject to the following modifications—

(1) in section 83(5), paragraphs (a) and (b) and in paragraph (c) the words “in any other case” shall be omitted; and

(2) section 93(1) shall have effect with the substitution, for the words after “the determination is made;” of the following words—

and the determination may apply this section in respect of—

(a) all grant-maintained special schools in the area of the authority; or

(b) such grant-maintained special schools in that area as may be ascertained by or in accordance with the determination; and

(c) any grant-maintained special school outside the area of the authority which was maintained by the authority immediately before it became such a school.

Section 12 Amendment of the principal Regulations

In Part II of the Schedule to the principal Regulations (enactments applying to grant-maintained special schools: subordinate legislation), in section B—

(a) in the entry in the left-hand column relating to the “Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (Wales) Regulations 1991”, for “Regulations” there shall be substituted “Order”;

(b) the entry relating to the Education (School Performance Information) (Wales) Order 1992 shall be omitted;

(c) after the entry relating to the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 3)(Wales) Order 1993 there shall be inserted—

(d) after the penultimate entry in the left-hand column there shall be inserted—