Education (New Schools) (Wales) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/2243 |
| Year | 1999 |
1999 No. 2243 (w.3)
EDUCATION, WALES
The Education (New Schools) (Wales) Regulations 1999
Made 5th August 1999
Laid before Parliament 11th August 1999
Coming into force 1st September 1999
In exercise of the powers conferred by sections 44, 69(5), 72, 138(7) and (8) and 144 of, and paragraphs 4, 5, 15(1) and (2) and 16 of Schedule 9, paragraph 1 of Schedule 10, and paragraph 1(5) of Schedule 12 to, the School Standards and Framework Act 19981and all other enabling powers and (except in the case of powers conferred by section 144 of the said Act) transferred to the National Assembly for Wales2by the National Assembly for Wales (Transfer of Functions) Order 19993, the Secretary of State for Wales in exercise of the powers conferred by section 144 of the said Act and the National Assembly for Wales in exercise of the other powers referred to hereby make the following Regulations:
PART I
INTRODUCTION
Citation, commencement and application
1.—(1) These Regulations may be cited as the Education (New Schools) (Wales) Regulations 1999 and shall come into force on 1st September 1999.
(2) These Regulations apply in relation to maintained schools and proposed such schools in Wales.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the 1996 Act” means the Education Act 19964;
“the 1998 Act” means the School Standards and Framework Act 1998;
“additional co-opted governor” means a co-opted governor required by virtue of paragraph 15 of Schedule 9 to the 1998 Act;
“the Assembly” means the National Assembly for Wales;
“local education authority” means the local education authority by which a maintained school or a proposed such school is, or is to be, maintained;
“maintained school” means a community, community special, voluntary, foundation or foundation special school;
“Main School Government Regulations” means the Education (School Government) (Wales) Regulations 19995;
“School Organisation Regulations” means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 19996;
“the Second Transitional Regulations” means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 19997.
(2) The 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:
“arrangements” |
section 44(1) of the 1998 Act; |
“Education Action Forum” |
section 11(2)8 of the 1998 Act; |
“education action zone” |
section 10(1)8 of the 1998 Act; |
“instrument of government” |
section 37(1) of the 1998 Act; |
“school opening date” |
section 44(9) of the 1998 Act; |
“sponsor” |
Schedule 1 to the Main School Government Regulations. |
(3) Unless the context otherwise requires, any reference in these Regulations to—
(a)
(a) a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered;
(b)
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears; and
(c)
(c) a numbered sub-paragraph is a reference to the sub-paragraph so numbered in the paragraph in which the reference appears.
Interpretation of “temporary governing body”
3.—(1) Any reference in these Regulations to the temporary governing body is a reference to the temporary or transitional governing body of any school or proposed school to which the provision applies (either constituted under section 44 of the 1998 Act or treated as so constituted by virtue of regulation 13 of the School Organisation Regulations or regulation 13(5) of the Second Transitional Regulations), and any reference to a temporary governor is a reference to a member of such a temporary or transitional governing body.
(2) Unless the context otherwise requires, any reference in these Regulations to a temporary governor of a particular category shall be interpreted in accordance with Part III.
PART II
ARRANGEMENTS FOR THE COMPOSITION OF TEMPORARY GOVERNING BODIES
Application of Part II
4.—(1) This Part—
(a)
(a) except for regulation 8, shall not apply in any case to which regulation 13 of the School Organisation Regulations applies;
(b)
(b) shall not apply in any case to which regulation 13 of the Second Transitional Regulations applies.
(2) In this Part any reference (however framed) to proposals published under section 28 or 31 of the 1998 Act to establish a school shall include proposals which have been published or notice of which has been served under the 1996 Act before 1st September 1999 and to which regulation 8 (approval of proposals published before 1st September 1999 to establish a new school) of the School Organisation Regulations applies.
Arrangements made in anticipation of approval of proposals
5.—(1) Where any proposals to establish a school have been published under section 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act the local education authority may make arrangements under section 44(1) of the 1998 Act in anticipation of approval of the proposals under paragraph 8 of Schedule 6 or approval or adoption of proposals under paragraph 14 of Schedule 7 to that Act or, as the case may be, the determination by the body or promoters by whom the proposals were published under paragraph 9 of Schedule 6 to that Act that they should be implemented.
(2) If the proposals are published under section 28(2)(a) of the 1998 Act and are proposals 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 propose to exercise it, as to the date on which the arrangements should be made.
(3) If the proposals are published under section 28(2)(a) of the 1998 Act and the 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 mentioned in sub-paragraph (a) or on that mentioned in sub-paragraph (b) either of them may refer the matter to the Assembly and on a reference under this paragraph the Assembly shall give such direction as they think fit.
Agreements necessary for arrangements
6.—(1) Where proposals to establish a foundation school have been published by promoters under section 28(2) of the 1998 Act a local education authority shall not make arrangements under section 44(1) of the 1998 Act in respect of the school without the agreement of the promoters as to the provision which will be made in relation to the temporary foundation governors.
(2) A local education authority shall not make arrangements in respect of a school which will be a voluntary school without the agreement of the promoters as to the provision which will be made in relation to the temporary foundation governors.
(3) In the event of any disagreement between the local education authority and the promoters in respect of the provisions referred to in paragraph (1) or (2) either of them may refer the matter to the Assembly, and on a reference under this paragraph the Assembly shall give such direction as they think fit.
Termination of arrangements
7. Any arrangements made in relation to a proposed school under section 44(1) of the 1998 Act (including those mentioned in regulation 5(1)) shall come to an end if—
(a) the proposals are withdrawn;
(b) the proposals are rejected under paragraph 8 of Schedule 6 or paragraph 14 of Schedule 7 to the 1998 Act;
(c) (in the case of proposals not requiring approval under paragraph 8 of Schedule 6 to the 1998 Act) the body or promoters by whom the proposals were published determine under paragraph 9 of Schedule 6 to the 1998 Act not to implement them; or
(d) the Assembly determine under paragraph 10(3) of Schedule 6 to the 1998 Act that paragraph 10(1) of that Schedule should cease to apply to the proposals.
Termination of arrangements: transitional provision
8.—(1) This regulation applies where—
(a)
(a) an arrangement has been made before 1st September 1999 under section 96(3) or 97(2) of the 1996 Act in anticipation of approval of proposals; and
(b)
(b) regulation 13 of the School Organisation Regulations applies in relation to the temporary governing body constituted by the arrangement.
(2) Where this regulation applies—
(a)
(a) sections 96(4) and 97(7) of the 1996 Act shall continue to apply in relation to the termination of the arrangement; and
(b)
(b) the arrangement shall also come to an end if the Assembly determine under paragraph 10(3) of Schedule 6 to the 1998 Act that paragraph 10(1) of that Schedule should cease to apply to the proposals.
PART III
COMPOSITION OF TEMPORARY GOVERNING BODIES
Interpretation
9.—(1) In this Part—
(a)
(a) “new school” has the meaning in section 72(3) of the 1998 Act and shall not include any school or proposed school to which regulation 13 of the School Organisation Regulations or regulation 13 of the Second Transitional Regulations applies;
(b)
(b) “relevant paragraphs” has the meaning in regulation 10(1).
(2) In these...
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