The School Standards and Framework Act 1998 (Commencement No. 7 and Saving and Transitional Provisions) Order 1999

• Citation: S.I. 1999/2323
• Sections: 46

Section 1 Citation and interpretation

(1) This Order may be cited as the School Standards and Framework Act 1998 (Commencement No. 7 and Saving and Transitional Provisions) Order 1999.

(2) In this Order—

“the 1996 Act ” means the Education Act 1996 ; and

“the 1998 Act ” means the School Standards and Framework Act 1998.

Section 2 Commencement of the 1998 Act

(1) The provisions of the 1998 Act specified in Schedule 1 to this Order shall come into force on 1st September 1999.

(2) The provisions of the 1998 Act specified in Schedule 2 to this Order shall come into force on 1st November 1999.

(3) The provisions of the 1998 Act specified in Schedule 3 to this Order shall come into force on 1st January 2000.

(4) The provisions of the 1998 Act specified in Schedule 4 to this Order shall come into force on 1st August 2000.

Section 3 Transitional and saving provisions

The transitional and saving provisions in Schedule 5 to this Order (relating to transfer of control agreements) shall have effect.

Section 4 Transitional and saving provisions

The transitional and saving provisions in Schedule 6 to this Order (relating to exclusion of pupils) shall have effect.

Section 5 Transitional and saving provisions

The transitional and saving provisions in Schedule 7 to this Order (relating to school government) shall have effect.

Section 6 Transitional provisions relating to section 138 of the 1996 Act

(1) An agreement or determination in force under section 138 of the 1996 Act (advisory rights of chief education officer: aided schools) immediately before 1st September 1999 shall on and after that date have effect as if made under paragraph 2 of Schedule 17 to the 1998 Act notwithstanding that it was not framed by reference to the rights conferred on the chief education officer by that Schedule.

(2) Any disagreement between a governing body and a local education authority as to which rights are conferred on the chief education officer by virtue of paragraph (1) above shall be determined by the Secretary of State.

(3) An agreement or determination to which paragraph (1) refers may be withdrawn—

(a) in the case of an agreement, in accordance with paragraph 2(5) of Schedule 17; and

(b) in the case of a determination of the Secretary of State, in accordance with paragraph 2(6) of that Schedule.

Section 7 Savings provisions relating to sections 201, 204, 205, 207, 208 and 567 of the 1996 Act

In articles 10, 11 and 12 below “local authority” means a county council, a county borough council, a district council, a London borough council or the Common Council of the City of London.

Section 8 Savings provisions relating to sections 201, 204, 205, 207, 208 and 567 of the 1996 Act

The repeal of section 201 of the 1996 Act is without prejudice to the continued application of section 201(10) to any property, rights or liabilities to which section 201(1) applied immediately before 1st September 1999.

Section 9 Savings provisions relating to sections 201, 204, 205, 207, 208 and 567 of the 1996 Act

The repeal of section 204 of the 1996 Act is without prejudice to the continued application of that section where the procedure for acquisition of grant-maintained status is deemed to be still pending in relation to a school by virtue of section 204(3).

Section 10 Savings provisions relating to sections 201, 204, 205, 207, 208 and 567 of the 1996 Act

The repeal of section 205 of the 1996 Act is without prejudice to the continued application of that section where a local authority have made a disposal, or entered into a contract, in contravention of section 204(1) of the 1996 Act—

(a) before 1st September 1999; or

(b) during any period when the procedure for acquisition of grant-maintained status is deemed to be still pending in relation to the school by virtue of section 204(3) of the 1996 Act.

Section 11 Savings provisions relating to sections 201, 204, 205, 207, 208 and 567 of the 1996 Act

The repeal of section 207 of the 1996 Act is without prejudice to the continued application of that section where a local authority have entered into a contract to which section 206 applied in contravention of that section before 1st September 1999.

Section 12 Savings provisions relating to sections 201, 204, 205, 207, 208 and 567 of the 1996 Act

The repeal of section 208 of the 1996 Act is without prejudice to the continued application of subsections (4) and (5) of that section where a local authority have, in relation to any property, taken any action in contravention of subsection (1) of that section before 1st September 1999.

Section 13 Savings provisions relating to sections 201, 204, 205, 207, 208 and 567 of the 1996 Act

The repeal of section 567 is without prejudice to the continued application of subsections (1) and (5) to transfers effected under section 201 (taken with section 198 of, and Schedule 10 to, the Education Reform Act 1988 ).

Section 14 Saving provisions relating to sections 60 and 61 of the 1996 Act

Notwithstanding the repeal of section 60 of the 1996 Act, subsections (4) to (7) of that section shall continue to have effect in relation to an interest in premises conveyed under that section prior to 1st September 1999.

Section 15 Saving provisions relating to sections 60 and 61 of the 1996 Act

Notwithstanding the repeal of section 61 of the 1996 Act, subsections (4) to (6) of that section shall continue to have effect in relation to a new site provided for a school under that section prior to 1st September 1999.

Section 16 Saving provisions relating to sections 274 to 279 of the 1996 Act

(1) Notwithstanding the repeal of Chapter VIII of Part III of the 1996 Act, sections 274 to 279 of the 1996 Act (winding up and disposal of property) and those sections as applied by regulation 33 of the Education (Grant-maintained Special Schools) Regulations 1994 shall continue to have effect for the purposes of winding up and disposing of the property of a grant-maintained school or grant-maintained special school subject to discontinuance proposals, in cases where the governing body have not been dissolved before 1st September 1999.

(2) For the purposes of paragraph (1), “discontinuance proposals” means—

(a) in the case of a grant-maintained school, proposals for the discontinuance of the school published under section 267 or 268 of the 1996 Act before 1st September 1999; and

(b) in the case of a grant-maintained special school, proposals for the discontinuance of the school published under section 339 of that Act before 1st September 1999.

Section 17 Saving provision relating to exemption from building regulations

Where particulars of premises or proposed premises are approved on or after 1st September 1999 under—

(a) section 214 of the 1996 Act as that section continues to have effect by virtue of regulation 2 of the School Standards and Framework Act 1998 (Proposals under section 211 of the Education Act 1996) (Transitional Provisions) Regulations 1998 or

(b) section 39, 44, 262 or 341 of the 1996 Act as those sections continue to have effect by virtue of regulation 8 or 14 of the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999 ,

section 4(1)(a) of the Building Act 1984 (exemption of education buildings from building regulations) shall have effect as if the repeal of the provisions in that subsection made by Schedule 31 to the 1998 Act had not come into force.

Section 18 Miscellaneous saving provisions

Notwithstanding the amendment to section 5(3) of the 1996 Act by paragraph 59(a) of Schedule 30 to the 1998 Act, a school in respect of which proposals authorised by section 49, 198(6) or 291 of the 1996 Act are implemented shall continue to be a middle school.

Section 19 Miscellaneous saving provisions

Notwithstanding the repeal of section 573(4) to (6) of the 1996 Act (meaning of expressions relating to alteration etc of premises or character of schools)—

(a) Section 573(4) to (6) of the 1996 Act shall continue to apply in relation to any proposals published under section 35(1)(c), 41(2), 259(1) or 260(2) of that Act before 1st September 1999; and

(b) section 573(6) of the 1996 Act, as applied by regulation 42 of and the Schedule to the Education (Grant-maintained Special Schools) Regulations 1994, shall continue to apply in relation to any proposals notice of which is served under section 339 of that Act before 1st September 1999.

Section 20 Miscellaneous saving provisions

The repeal of section 310 of the 1996 Act is without prejudice to the inspection of the accounts of the governing body of any former grant-maintained or grant-maintained special school in relation to any period before 1st September 1999.

Section 21 Miscellaneous saving provisions

The repeal of section 539 of the 1996 Act shall not relieve the governing body of a school which was a grant-maintained school from the duty to publish information, or to make reports and returns and to give information in accordance with that section in relation to the period during which the school was grant-maintained.

Section 22 Miscellaneous saving provisions

The repeal of paragraphs 61 to 64 of Schedule 8 to the Further and Higher Education Act 1992 (supplementary provisions with respect to transfers) is without prejudice to the continued application of—

(a) paragraphs 62 to 64 of that Schedule; and

(b) the Education Transfer Council (Transfers under the Education Reform Act 1988) Regulations 1992 , to transfers to which the said paragraphs 62 to 64 applied immediately before 1st September 1999.

Section 23 Miscellaneous saving provisions

(1) The repeal of section 179 of the 1996 Act (variation of trust deeds etc by order) is without prejudice to the operation of any modification to any trust deed or other instrument made by order of the Secretary of State under that section.

(2) The repeal of section 302 of the 1996 Act (variation of trust deeds etc by order) is without prejudice to the operation of any modification to any trust deed or other instrument made by order of the Secretary of State under that section.

Section 1

In this Schedule an “existing transfer of control agreement” means a transfer of control agreement in force immediately before 1st September 1999 entered into by the governing body of a maintained school pursuant to—

(a) a power contained in the articles of government for the school such as is mentioned in section 149(1)(c) of the 1996 Act where the agreement was entered into by the governing body of a county or maintained special school within the meaning of the 1996 Act;

(b) the power contained in section 151 of the 1996 Act, where the agreement was entered into by the governing body of a voluntary school within the meaning of the 1996 Act; or

(c) a power contained in the articles of government for the school where the agreement was entered into by the governing body of a grant-maintained or grant-maintained special school within the meaning of the 1996 Act.

Section 2

Any existing transfer of control agreement entered into by the governing body of a county or maintained special school shall be treated as entered into pursuant to the power in paragraph 2 of Schedule 13 to the 1998 Act.

Section 3

Any existing transfer of control agreement entered into by the governing body of a voluntary school shall be treated as entered into pursuant to paragraph 6 of Schedule 13 to the 1998 Act.

Section 4

Any existing transfer of control agreement entered into by the governing body of a grant-maintained or grant-maintained special school shall, subject to paragraph 5, be treated as—

(a) entered into pursuant to paragraph 2 of Schedule 13 to the 1998 Act if the school becomes a community or community special school on 1st September 1999;

(b) entered into pursuant to paragraph 4 of that Schedule, if the school becomes a foundation or foundation special school on that date; or

(c) entered into pursuant to paragraph 6 of that Schedule, if the school becomes a voluntary school on that date.

Section 5

Where by virtue of paragraph 4(a) or (c) an existing transfer of control agreement is treated as entered into pursuant to paragraph 2 or 6 of Schedule 13 to the 1998 Act, paragraph 2(3)(a) and (b)(i) or, as the case may be, paragraph 6(3)(a) and (b)(i) of that Schedule shall not apply in relation to that agreement.

Section 1 Exclusion of pupils

Sections 64 to 68 of, and Schedule 18 to, the 1998 Act shall not apply in relation to the exclusion of a pupil from a school where the decision to exclude him was made before 1st September 1999.

Section 2 Exclusion of pupils

However, the following provisions made by or (as the case may be) by virtue of the 1996 Act shall continue to apply in relation to such an exclusion, namely—

(a) where the school is a county, voluntary or maintained special school—

(i) sections 156 to 160,

(ii) Schedules 15 and 16 , and

(iii) Part I of Schedule 33 (to the extent necessary to give effect to paragraphs 4 and 5 of Schedule 16);

(b) where the school is a grant-maintained school—

(i) sections 307, 307A and 308 ,

(ii) paragraph 6 of Schedule 23 , and

(iii) Schedule 25A ;

(c) where the school is a grant-maintained special school, paragraphs 14 to 16 of Schedule 28 ;

(d) regulations made under any provision of the 1996 Act referred to in sub-paragraphs (a) to (c) above (as such regulations had effect immediately before 1st September 1999) to the extent that they relate to the exclusion of pupils; and

(e) the provisions of the school’s instrument or (as the case may be) articles of government (as they had effect immediately before 1st September 1999) to the extent that they relate to the exclusion of pupils.

Section 3 Exclusion of pupils

A reference to a county, voluntary, maintained special, grant-maintained or grant-maintained special school in—

(a) paragraph 2, or

(b) a provision of (or a provision made under) the 1996 Act which is to continue to have effect for transitional purposes on or after 1st September 1999 by virtue of that paragraph,

shall have effect for the purposes of this Schedule, in relation to any time on or after that date, as a reference to a community, foundation, voluntary, community special or foundation special school which was, immediately before that date, a county, voluntary, maintained special, grant-maintained or grant-maintained special school (as the case may be).

Section 4 Exclusion of pupils

(1) In this paragraph “relevant decision” means a decision, which a governing body of a school are required or permitted to make by virtue of any provision in paragraph 2, whether to direct the head teacher to reinstate an excluded pupil.

(2) Where a governing body (or, as the case may be, a committee of the governing body) meet on or before 31st August 1999 to consider the case of an excluded pupil but do not make a relevant decision before 1st September 1999, they may proceed to do so on or after that date provided that no member of the governing body so concerned ceases to be (or is no longer eligible to be) a governor of the school by virtue of any provision of, or made under, the 1998 Act, but otherwise the exclusion shall be considered afresh by a committee of the governing body established (pursuant to regulations under Schedule 11 to the 1998 Act) for the purpose of discharging the functions of governing body under sections 65 to 68 of the 1998 Act.

(3) Any provision referred to in paragraph 2 which requires or permits the governing body of a school to consider whether to make a relevant decision shall, in relation to the case of an excluded pupil which has not been so considered before 1st September 1999, be construed on or after that date as a provision requiring or permitting that case to be considered by a committee of the governing body established (pursuant to regulations under Schedule 11 to the 1998 Act) for the purpose of discharging the functions of governing body under sections 65 to 68 of the 1998 Act.

Section 5 Exclusion of pupils

(1) In this paragraph “relevant appeal” means an appeal against a decision or direction relating to the permanent exclusion of a pupil from a school which—

(a) by virtue of paragraph 2 above is required to be considered by an appeal committee constituted—

(i) in accordance with Part I of Schedule 33 to the 1996 Act, or

(ii) for the purposes of Schedule 23 to the 1996 Act; and

(b) has not been determined by such a committee before 1st September 1999.

(2) Where a committee as so constituted have first met to consider a relevant appeal before 1st September 1999, the committee may proceed to determine the appeal on or after that date irrespective of whether the committee includes a person—

(a) who before that date was eligible for membership of the committee by virtue of being a governor of the school, but

(b) who, with effect from that date, ceases to be (or is no longer eligible to be) a governor of the school by virtue of any provision of, or made under, the 1998 Act.

(3) However such a person shall not be eligible for membership of a committee referred to in sub-paragraph (1) where the committee first meets to determine a relevant appeal on or after 1st September 1999.

Section 6 Exclusion of pupils

This Schedule shall have effect notwithstanding—

(a) the commencement of—

(i) the provisions of the 1998 Act referred to in paragraph 1, and

(ii) section 140(4) of that Act; and

(b) the repeal of the provisions of (or made under) the 1996 Act referred to in paragraph 2.

Section 1 Interpretation

In this Schedule—

(a) “the First Transitional Regulations ” means the Education (School Government) (Transition to New Framework) Regulations 1998 ;

(b) “the Second Transitional Regulations ” means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 ;

(c) “the School Organisation Regulations ” means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999 ;

(d) “county school”, “voluntary school”, “maintained special school” and “grant-maintained school” have the same meanings as in the 1996 Act;

(e) “instrument of government”, unless the context otherwise requires, has the meaning in section 37(1) of the 1998 Act.

Section 2 Savings relating to continuation and composition of governing bodies

In cases where the instrument of government for a maintained school is not made before 1st September 1999, the repeal of Parts II and III and section 344 of, and Schedule 28 to, the 1996 Act is without prejudice to the continued effect, in accordance with regulation 19 of the First Transitional Regulations, of—

(a) the provisions of the 1996 Act relating to the composition of governing bodies, disqualification of governors and instruments of government; and

(b) any regulations and instruments of government in force under those provisions (or as if made under those provisions) immediately before 1st September 1999,

for the purpose of determining the composition of and disqualification requirements relating to any governing body to which regulation 19 of the First Transitional Regulations applies, pending reconstitution of the governing body under the instrument of government.

Section 3 Savings relating to continuation and composition of governing bodies

The repeal of Part II of the 1996 Act is without prejudice to the continuation in existence of the temporary governing body of a school or proposed school under regulation 13 of the Second Transitional Regulations and the continued effect of—

(a) the provisions of the 1996 Act relating to the composition of temporary governing bodies, and qualification and disqualification of temporary governors;

(b) any regulations in force under those provisions immediately before 1st September 1999; and

(c) any arrangement under section 96 or 97 of the 1996 Act in force immediately before 1st September 1999,

for the purpose of determining the composition of that governing body from time to time and the circumstances in which a person is qualified or disqualified for office as a member of such a governing body.

Section 4 Savings relating to continuation and composition of governing bodies

The repeal of Part II of the 1996 Act is without prejudice to the following—

(1) the continuation in existence, for the purposes of regulation 13 of the School Organisation Regulations, of a temporary governing body established in pursuance of an arrangement made under section 96(3) or 97(2) of the 1996 Act in anticipation of approval of proposals or the determination that they should be implemented;

(2) in relation to any temporary governing body referred to in paragraph (1) the continued effect of—

(a) the provisions of the 1996 Act relating to the composition of temporary governing bodies and qualification and disqualification of temporary governors;

(b) any regulations in force under those provisions immediately before 1st September 1999; and

(c) any arrangement under section 96 or 97 of the 1996 Act in force immediately before 1st September 1999,

for the purpose of determining the composition of that governing body from time to time and the circumstances in which a person is qualified or disqualified for office as a member of such a governing body;

(3) in relation to any temporary governing body referred to in paragraph (1) the continued effect of sections 96(4) or 97(7) of the 1996 Act relating to termination of the arrangement referred to in paragraph (1).

Section 5 Savings relating to continuation and composition of governing bodies

The repeal of Part III of the 1996 Act is without prejudice to the continuation in existence as a body corporate of a governing body under regulation 30 of the Second Transitional Regulations, and the continued effect in accordance with that regulation, of—

(a) the provisions of the 1996 Act relating to the composition of governing bodies of grant-maintained schools, disqualification for office of members of such governing bodies and instruments of government for grant-maintained schools, and

(b) any regulations and instruments of government in force under those provisions immediately before 1st September 1999,

for the purpose of determining the composition of, and disqualification requirements relating to, that governing body pending reconstitution under the instrument of government.

Section 6 Savings relating to continuation and composition of governing bodies

(1) Sub-paragraph (2) applies in any case where the governing body of a school conducted by a grouped governing body (within the meaning of the Second Transitional Regulations) on 31st August 1999 are not constituted under an instrument of government before 1st September 1999.

(2) Where this paragraph applies, the repeal of Parts II and III of the 1996 Act is without prejudice to the continuation in existence as a body corporate of the governing body under regulation 49 of the Second Transitional Regulations and the continued effect in accordance with that regulation, of—

(a) the provisions of the 1996 Act relating to the composition and name of grouped governing bodies, disqualification for office of members of such governing bodies and instruments of government for grouped schools;

(b) any regulations and instruments of government in force under those provisions (or as if made under those provisions) immediately before 1st September 1999; and

(c) regulation 41 of the Second Transitional Regulations,

for the purpose of determining the composition and name of, and disqualification requirements relating to, that governing body.

(3) In the case of any group of schools conducted by a grouped governing body (within the meaning of the Second Transitional Regulations) on 31st August 1999, where each such school has a governing body constituted under an instrument of government from midnight on that day, the repeal of Parts II and III of the 1996 Act is without prejudice to the continuation in existence as a body corporate of that grouped governing body pending dissolution under regulation 50 of the Second Transitional Regulations.

Section 7 Date of implementation of proposals to establish a new school

The repeal of Part II of the 1996 Act is without prejudice to the Secretary of State’s power to make a determination under section 99(2) of that Act concerning the date on which the proposals for the establishment of the school are implemented.

Section 8 Transfers under Schedule 7 to the 1996 Act

The repeal of Schedule 7 to the 1996 Act is without prejudice to the continued application of paragraphs 11 and 12 of that Schedule to transfers effected by that Schedule.

Section 9 Governing body name

(1) Paragraph (2) applies in relation to the governing body of any maintained school which was a county, voluntary or maintained special school (other than a school grouped under section 89 of the 1996 Act) immediately before 1st September 1999, if the instrument of government is not made before 1st September 1999.

(2) During the period between 1st September 1999 and the making of the instrument of government, the governing body shall be known as “the governing body of..” with the addition of the name of the school.

Section 10 Clerks and chairmen

The repeal of Parts II and III and section 344 of and Schedule 28 to the 1996 Act and the commencement of Part II of the 1998 Act shall not cause any—

(a) clerk to a governing body or temporary governing body; or

(b) chairman or vice-chairman of a governing body or temporary governing body,

in office immediately before 1st September 1999 to cease to hold office as such on 1st September 1999, provided he meets the requirements of any regulations made under Schedule 11 to the 1998 Act.

Section 11 Governors as trustees

(1) In cases where the instrument of government for a maintained school is not made before 1st September 1999, the repeal of section 180 of the 1996 Act is without prejudice to the continuation as trustees of foundation governors and governors appointed by the local education authority or any minor authority, until the governing body is reconstituted under an instrument of government.

(2) In paragraph (1) “foundation governors and governors appointed by the local education authority or any minor authority”, is to be interpreted in accordance with the 1996 Act.

Section 12 Admissions and pupil discipline provisions in instruments and articles of government

(1) Subject to sub-paragraph (2), the commencement of section 140(4) of the 1998 Act and the repeal of provisions relating to instruments of government in Parts II and III of the 1996 Act are without prejudice to the transitional and saving provisions—

(a) relating to the admission of children to maintained schools in Schedule 4 to the School Standards and Framework Act 1998 (Commencement No. 6 and Saving and Transitional Provisions) Order 1999 ; or

(b) relating to pupil exclusions in Schedule 6 to this Order.

(2) For the purposes of the transitional and savings provisions referred to in sub-paragraph (1)(a), any reference in a former grant-maintained school’s articles of government to a committee constituted in accordance with the provisions of the instrument of government for the purpose of determining applications for admission to the school shall be treated as a reference to an admissions committee established for such purposes pursuant to regulations under Schedule 11 to the 1998 Act.