New Schools (General) (England) Regulations 2003
2003 No.1558
EDUCATION, ENGLAND
New Schools (General) (England) Regulations 2003
Made 12th June 2003
Laid before Parliament 19th June 2003
Coming into force 10th July 2003
In exercise of the powers conferred upon the Secretary of State by sections 72(1) and 138(7) of the School Standards and Framework Act 19981and sections 34(5) and (6), 210(7) and 214 of the Education Act 20022, the Secretary of State for Education and Skills hereby make the following Regulations3:
PART 1
Introduction
Citation and commencement
1. These Regulations may be cited as the New Schools (General) (England) Regulations 2003 and shall come into force on 10th July 2003.
Revocation, savings and transitional provisions
2.—(1) The Education (Government of New Schools on Transition to New Framework) Regulations 19984are hereby revoked5.
(2) Parts I to V, VII and VIII of the Education (New Schools) (England) Regulations 19996(“the 1999 Regulations”) are revoked save as provided in paragraphs (3) and (4).
(3) Part I of the 1999 Regulations shall continue to have effect in so far as it relates to Part VI.
(4) Parts I to IV of the 1999 Regulations shall continue to have effect in relation to any temporary governing body established prior to the coming into force of these Regulations.
3. Regulations 21(1), 26, 27, 31, 32(2), 34(2) of the Education (School Government) (England) Regulations 19997(“the School Government Regulations”) are hereby revoked.
4. The revocation of the following provisions of the School Government Regulations 1999 made by regulation 2 of the School Governance (Constitution) (England) Regulations 20038has effect on 10th July 2003 instead of 1st September 2003:
(a) the words “and new schools” in regulation 1(3);
(b) the definitions of “temporary governing body” and “temporary governors” in regulation 2(2); and
(c) the words “or temporary governing body (however constituted)” and “or (as the case may be) new school” in regulation 3.
5. The revocation of the following provisions of the School Government Regulations made by regulation 2 of the School Governance (Procedure) (England) Regulations 20039has effect on 10th July 2003 instead of 1st September 2003:
(a) the words “Subject to paragraph (1),” in regulation 21(2);
(b) the words “or new school” in regulation 28;
(c) the words “(other than the temporary governing body of a new school)” in regulations 29(1) and 30(1);
(d) the words “,other than a new school,” in regulation 34(1);
(e) the words “or (2)” and “, or a meeting of the temporary governing body as often as occasion may require” in regulation 42(1)(u);
(f) the words “or a new school” in regulations 45(1) and 57(1)(a); and
(g) paragraph (3) of regulation 56.
Interpretation
6.—(1) In these Regulations–
“the 1996 Act” means the Education Act 199610;
“the 1998 Act” means the School Standards and Framework Act 1998;
“the 2000 Act” means the Learning and Skills Act 200011;
“the 2002 Act” means the Education Act 2002;
“the Constitution Regulations” means the School Governance (Constitution) (England) Regulations 2003;
“head teacher designate” means a person who has been appointed as the head teacher of a new school but who has not yet taken up the post;
“local education authority” means the local education authority by which a maintained school is, or a proposed such school is to be, maintained;
“new school” has the meaning given by section 72(3) of the 1998 Act; and
“pupil” has the meaning given by section 3 of the Education Act 199612.
(2) In these Regulations, references to a school having a delegated budget are to be interpreted in accordance with section 39(2) of the 2002 Act.
(3) Prior to the coming into force of section 122 of the 2002 Act, when it shall be interpreted in accordance with that provision, “school teacher” means a teacher who is employed by–
(a)
(a) a local education authority, or
(b)
(b) a governing body,
in the provision of primary or secondary education.
(4) Any reference in these Regulations to–
(a)
(a) a committee is a reference to a committee established by the temporary governing body to which the temporary governing body has delegated any of its statutory functions;
(b)
(b) a temporary governing body is a reference to the temporary governing body of any school or proposed school in respect of which the provision applies;
(c)
(c) a temporary governor of a particular category shall be interpreted in accordance with Part 3.
Service of notices
7. Any notice required to be served by or under these Regulations shall be served in accordance with section 572 of the 1996 Act.
PART 2
Arrangements for the Incorporation of Temporary Governing Bodies
Arrangements made in anticipation of approval of proposals
8.—(1) Where any proposals to establish a maintained school have been published under any enactment13, the local education authority may make arrangements in anticipation of approval of the proposals14or in anticipation of a determination by the authority that the proposals should be implemented15.
(2) If proposals are to establish a voluntary controlled school, the local education authority shall consult the promoters–
(a)
(a) as to whether the power given to the local education authority in paragraph (1) above should be exercised; and
(b)
(b) if the local education authority proposes to exercise it, as to the date on which the arrangements should be made.
(3) If proposals are to establish a voluntary aided or foundation school, the local education authority and the promoters shall consider–
(a)
(a) whether the power given to the local education authority in paragraph (1) above should be exercised, and
(b)
(b) where they agree that it should, on what date the arrangements should be made.
(4) Where in a case falling within paragraph (3) the local education authority and the promoters fail to agree on the question referred to in sub-paragraph (a) or on that referred to in sub-paragraph (b), either of them may refer the matter to the Secretary of State and on a reference under this paragraph the Secretary of State shall give such direction as he thinks fit.
Agreements necessary for arrangements
9.—(1) Where proposals to establish a foundation school or a voluntary school have been published by promoters, a local education authority shall not make arrangements in respect of the school without the agreement of the promoters as to any provision which will be made in relation to the temporary foundation governors.
(2) In the event of any disagreement between the local education authority and the promoters in respect of the provision referred to in paragraph (1), either of them may refer the issue to the Secretary of State and, on a reference under this paragraph the Secretary of State, shall give such direction as he thinks fit.
PART 3
Categories of Temporary Governor
Temporary parent governors
10.—(1) In these Regulations, “temporary parent governor” means a person appointed to be a member of the temporary governing body of a new school by
(a)
(a) the local education authority, where a new school is or will be a community, voluntary controlled, community special or foundation special school, a maintained nursery school or a foundation school proposals for the establishment of which were published by a local education authority; or
(b)
(b) the promoters, where a new school is or will be a voluntary aided school, or a foundation school proposals for the establishment of which were published by promoters.
(2) Where one or more maintained schools have been, or are to be, discontinued (“the discontinued schools”), and the registered pupils at such school or schools, or a substantial number of those pupils, are expected to transfer to a new school, the arrangements made under regulation 8 shall provide for the governing body of the discontinued school (or, as the case may be, any of the governing bodies of the discontinued schools) to appoint some or all of the temporary parent governors of the new school.
(3) Subject to paragraph (4), no person shall be appointed as a temporary parent governor of a new school unless–
(a)
(a) he is the parent of a child who is or is likely to become a registered pupil at the school; or
(b)
(b) where it is not reasonably practicable to appoint such a person, he is the parent of a child of or under compulsory school age.
(4) No person shall be appointed as a temporary parent governor of a school which is or will be a maintained special school unless he is–
(a)
(a) the parent of a child who is or is likely to become a registered pupil at the school;
(b)
(b) where one or more maintained special schools have been, or are to be, discontinued (“the discontinued special schools”) and the registered pupils at such school or schools, or a substantial number of those pupils, are expected to transfer to the new school, a parent of a former pupil of the discontinued special schools;
(c)
(c) the parent of a child of or under compulsory school age with special educational needs; or
(d)
(d) a parent with experience of educating a child with special educational needs.
(5) The temporary governing body may only appoint a person referred to in sub-paragraphs (4) (b), (c) or (d) if it is...
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