Education (School Government) (Transition to New Framework) Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/2763 |
| Year | 1998 |
1998 No. 2763
EDUCATION, ENGLAND AND WALES
The Education (School Government) (Transition to New Framework) Regulations 1998
Made 10th November 1998
Laid before Parliament 11th November 1998
Coming into force 3rd December 1998
In exercise of the powers conferred on the Secretary of State by sections 138(7) and 144 of, and paragraphs 4, 5, 15(1) and (2) and 16 of Schedule 9, paragraph 1 of Schedule 10, paragraphs 1, 2 and 3 of Schedule 11 and paragraphs 1(5) and 6 of Schedule 12 to, the School Standards and Framework Act 19981and all other enabling powers, the Secretary of State for Education and Employment, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:
PART I
INTRODUCTION
Citation, commencement and application
1.—(1) These Regulations may be cited as the Education (School Government) (Transition to New Framework) Regulations 1998 and shall come into force on 3rd December 1998.
(2) Subject to paragraph (3), these Regulations apply in relation to—
(a)
(a) county, voluntary, maintained special, grant-maintained or grant-maintained special schools, which will become maintained schools within the meaning of section 20(7) of the 1998 Act; and
(b)
(b) maintained schools within the meaning of the said subsection which were formerly county, voluntary, maintained special, grant-maintained or grant-maintained special schools.
(3) These regulations do not apply in relation to a school (“an excepted school”) if—
(a)
(a) it is a grouped school; or
(b)
(b) in relation to any time before the appointed day, it is—
(i) a county, voluntary or maintained special school proposals for the establishment of which are implemented on or after 1st January 1999; or
(ii) a grant-maintained or grant-maintained special school which does not open before the appointed day (and for this purpose a school “opens” on the date when it first admits pupils); or
(c)
(c) in relation to any time on or after the appointed day it is a school which was a school within sub-paragraph (b) immediately before the appointed day.
Interpretation
2.—(1) In these Regulations—
“the 1998 Act” means the School Standards and Framework Act 1998;
“the 1996 Act” means the Education Act 19962;
“additional co-opted governor” means a co-opted governor required by virtue of paragraph 15 of Schedule 9 to the 1998 Act;
“county school”, “voluntary school”, “maintained special school”, “grant-maintained school” and “grant-maintained special school” have the same meanings as in the 1996 Act;
“current governing body” means the governing body of a county, voluntary, maintained special, grant-maintained or grant-maintained special school (other than the governing body of an excepted school);
“current school” means a county, voluntary, maintained special, grant-maintained or grant-maintained special school (other than an excepted school);
“instrument of government”, unless the context otherwise requires, means the instrument of government required by paragraph 6 of Schedule 12 to the 1998 Act, whether or not made by the end of the period prescribed in regulation 5;
“teacher” means a teacher employed under a contract of employment or a contract for services or otherwise engaged to provide his services as a teacher.
(2) A reference in these Regulations (however framed) to a school which is or is to be maintained by a local education authority is a reference to a school which is or is to be so maintained in accordance with section 20(4) or (5) of the 1998 Act.
(3) Except where the context otherwise requires, 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:
“appointed day” |
section 20(7) of the 1998 Act3 |
“excepted school” |
regulation 1(3) of these Regulations; |
“education action zone” |
section 10(1) of the 1998 Act; |
“Education Action Forum” |
section 11(2) of the 1998 Act; |
“grouped school” |
paragraph 1(7) of Schedule 10 to the 1998 Act; |
“minor authority” and “area for which there are one or more minor authorities” |
section 141 of the 1998 Act; |
“transitional governing body” |
regulation 18(2) or 19(5) of these Regulations, as the context requires. |
(4) 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.
Conflicting regulations and instruments of government
3. These Regulations shall prevail over any conflicting provision in—
(a) the Education (School Government) Regulations 19894; or
(b) any instrument of government within the meaning of the 1996 Act.
Breach of prescribed time limits
4. A failure by any person to discharge any duty within a time limit prescribed by these Regulations shall not relieve him of that duty.
PART II
MAKING OF THE INSTRUMENT OF GOVERNMENT
Time limits
5.—(1) Subject to paragraph (3), a local education authority shall secure that, by 1st June 1999, an instrument of government has been made in accordance with Schedule 12 to the 1998 Act5for each school which will be maintained by them on the appointed day.
(2) Paragraph (3) applies in the case of a grant-maintained or grant-maintained special school which will be, or a former grant-maintained or grant-maintained special school which is, maintained by a local education authority on the appointed day, where a determination by the Secretary of State as to the school’s new category required by paragraph 7(2) of Schedule 2 to the 1998 Act has not been made on or before 7th May 1999.
(3) In any case to which this paragraph applies, the Secretary of State shall notify the local education authority of the date on which he makes the determination required by paragraph 7(2) of Schedule 2 to the 1998 Act and the local education authority shall secure that, by the end of a 3 months period beginning on the date of the determination, an instrument of government has been made in accordance with Schedule 12 to the 1998 Act6for the school.
(4) The instrument of government shall take effect from the date of making for the purpose of reconstituting the governing body but, except in so far as required by regulation 18(2)(a), shall not affect the constitution of the governing body conducting the school pending full reconstitution under the instrument of government.
(5) For all other purposes, the instrument of government shall take effect—
(a)
(a) if made before the appointed day, from the appointed day; or
(b)
(b) if made on or after the appointed day, from the date of making.
(6) The current governing body, or, where the instrument of government is not made before the appointed day, the transitional governing body, shall exercise their functions under the 1998 Act and under these Regulations in a manner calculated to enable the local education authority to fulfil their duties under this regulation and under regulation 20.
Modifications to the 1998 Act where the instrument of government is made before the appointed day
6.—(1) Section 141 of, and Schedules 9 and 12 to, the 1998 Act shall apply with the following modifications to enable an instrument of government for a school to be made before the appointed day in preparation for the appointed day.
(2) In section 141 of, and paragraph 15 of Schedule 9 to, the 1998 Act, references to the area served by a school (however framed) shall be treated as references to the area which it appears to the local education authority will be served by the school when it is a maintained school.
(3) In paragraph 15(1) of Schedule 9 to the 1998 Act, the reference to “If the governing body of any maintained school so determine” shall be treated as if it were a reference to “If the current governing body so determine”.
(4) Paragraph 1 of Schedule 12 to the 1998 Act shall have effect as if—
(a)
(a) in sub-paragraph (1)(h) there were substituted for “the date”, the words “in accordance with sub-paragraph (2A), the dates”;
(b)
(b) after sub-paragraph (2) there were inserted the following sub-paragraph—
“2A Where an instrument of government is made before the appointed day for a school which will be a maintained school from the appointed day, such instrument of government—
(a) shall determine the constitution of the governing body and other matters relating to the school as a maintained school of the category to which it will belong in accordance with Schedule 2 to this Act;
(b) shall include a description of the ethos of the school, if it is anticipated that the school will become a foundation or voluntary school with a religious character (provided that such description shall be of no effect if the school does not become a foundation or voluntary school with a religious character with effect from the appointed day);
(c) shall take effect from the date of making for the purpose of reconstituting the governing body under the instrument of government but shall not (subject to any regulations made under paragraph 1(4) of Schedule 10 to this Act), affect the constitution of the governing body conducting the school pending full reconstitution under the instrument of government; and
(d) shall take effect from the appointed day for all other purposes..”
(5) References in paragraph 3 of Schedule...
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