The Education (Government of New Schools on Transition to New Framework) Regulations 1998

• Citation: S.I. 1998/3097
• Sections: 8

Section 1 Citation and commencement

These Regulations may be cited as the Education (Government of New Schools on Transition to New Framework) Regulations 1998 and shall come into force on 1st January 1999.

Section 2 Interpretation

(1) In these Regulations–

“the 1996 Act ” means the Education Act 1996 ;

“relevant school” means a county, voluntary or maintained special school (within the meaning of the 1996 Act) proposals for the establishment of which are implemented on or after 1st January 1999 and which has a temporary governing body.

(2) Expressions used in these Regulations set out in the first column of the table below have the meaning given by, or (as the case may be) are to be interpreted in accordance with, the provisions referred to in the second column of that table:

Section 3 No requirement for instrument of government

Section 76 of the 1996 Act shall not apply in relation to any relevant school.

Section 4 Arrangement for constitution of temporary governing body

In relation to any relevant school, section 96(1) and (3) and section 97(1) and (2) of the 1996 Act shall have effect as if any reference (however expressed) to an arrangement for the constitution of a temporary governing body for the school in question pending the constitution of its governing body under an instrument of government were a reference to such an arrangement pending the appointed day.

Section 5 Temporary governing body treated as governing body

(1) The temporary governing body of a relevant school shall continue in existence and be treated as if they were the governing body during the period commencing on the date on which the relevant proposals are implemented and ending immediately before the appointed day.

(2) References to “temporary governing body” in Schedule 12 to the 1996 Act do not include a temporary governing body referred to in paragraph (1) above.

Section 6 Requirement for articles of government

In relation to any relevant school, paragraph 1(1) of Schedule 19 to the 1996 Act shall have effect as if there were substituted for the words “until the requirement for there to be an instrument of government for the school takes effect under section 99”, the words “until the date on which the relevant proposals are implemented”.

Section 7 Conduct of relevant school

In relation to any relevant school, paragraph 3 of Schedule 19 to the 1996 Act shall have effect as if there were substituted for the words “a governing body is constituted for the school under an instrument of government”, the words “1st September 1999”.

Section 8 Consequential provisions

The following provisions of the 1996 Act shall not apply to relevant schools–

(a) sections 89 to 95;

(b) section 96(5);

(c) section 97(8);

(d) section 100;

(e) Schedule 10; and

(f) paragraphs 11(2) and 15(2) of Schedule 19.