S T A T U T O R Y I N S T R U M E N T S
1993No. 3103
EDUCATION, ENGLAND AND WALES
The Education (Schools Conducted by Education
Associations) Regulations 1993
7thDecember1993
10thDecember1993
1stJanuary1994
In exercise of the powers conferred by sections 228(1)(a) and 301(6) of the Education Act 1993 ( a) the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Education (Schools Conducted by Education Associations) Regulations 1993 and shall come into force on 1st January 1994.
(2) In these Regulations-
"the Act" means the Education Act 1993;
"the 1988 Act" means the Education Reform Act 1988 ( b);
"the relevant provisions of Chapter IV of Part I of the 1988 Act" means sections 52(1) and (2), 73(2) and (12), 79 to 91, 100, 101 and 104(1)(c) to (e) and (3) to (5) of that Act;
"the relevant provisions of Part II of the Act" means sections 22(4) and 35, and Chapters III (other than sections 40, 41(5), 43(4), (7) and (9), 45(3) and 46(6)), VI (other than section 83(3) to (5)), VII (other than section 97) and X (other than section 151) of Part II of, and Schedule 4 to, that Act;
"school", save in the expression "grant-maintained school", means a school which is or was before being conducted by an education association, a county or voluntary school; and
"transfer date" has the meaning given to that expression in section 220(2) of the Act.
2. Without prejudice to regulations 3 and 4 below, the enactments mentioned in Schedule 1 to these Regulations shall, or shall when in force, have effect in relation to the conduct of a school by an education association as they have effect in relation to the conduct of a grant-maintained school with the modifications made by that Schedule.
3. Until there come into force those of the relevant provisions of Part II of the Act which are not in force when these Regulations come into force the relevant provisions of Chapter IV of Part I of the 1988 Act (but no other provisions of that Part) shall have effect in relation to the transfer to an education association under section 220 of the Act of responsibility for the conduct of a school and the subsequent conduct of the school by the association as they have effect in relation to the transfer to a governing body incorporated under that Chapter of responsibility for the conduct of a school and its
(a) 1993 c.35.
(b) 1988 c.40.
subsequent conduct by the governing body with the modifications specified in
Schedule 2 to these Regulations
4. Except as provided in regulation 3 above, the relevant provisions of Part II of the Act (but no other provisions of that Part) shall have effect in relation to the matters referred to in that regulation with the modifications specified in Schedule 3 to these Regulations.
5. To the extent that regulations 2 to 4 above provide for any enactment to have effect (whether or not with modifications) in relation to the transfer to an education association under section 220 of the Act of responsibility for the conduct of a school or the conduct of a school by an education association those regulations are without prejudice to the operation of sections 218(7) and 221(4) to (7) of the Act.
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John Patten |
3rd December 1993 |
Secretary of State for Education |
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John Redwood |
7th December 1993 |
Secretary of State for Wales |
SCHEDULE 1
Regulation 2
MODIFICATIONS OF ENACTMENTS
PART I - PRIMARY LEGISLATION
Education (Schools) Act 1992 (c.38)
1. In paragraph 15(2) of Schedule 2 to the Education (Schools) Act 1992 for the reference to the person who appoints the school's foundation governors there is substituted a reference, in the case of a Church school, to the appropriate diocesan authority; and for the purposes of this paragraph a "Church school" means a Church in Wales school, a Church of England school or a Roman Catholic Church school (as defined in section 305(1) of the Education Act 1993) and "appropriate diocesan authority" shall be construed accordingly.
2. In paragraph 15(5)(b) of that Schedule for the reference to the report referred to in section 58(5)(j) of the 1988 Act there is substituted a reference to the report required by the school's articles of government to be prepared once in every school year.
Education Act 1993 (c.35)( a)
3. Section 8 of the Education Act 1993 is omitted.
4. In section 12 of the Act, after subsection (5), there is inserted the following subsection-
"(5A)For the purposes of subsection (4) above, section 221(4) of this Act shall not apply.".
5. In section 161(5) of the Act, for the reference to the report prepared under the articles of government for the school in accordance with section 30 of the Education (No. 2) Act 1986 ( b) or paragraph 8 of Schedule 6 to the Act there is substituted a reference to the report required by the school's articles of government to be prepared once in every school year.
6. In section 187 of the Act, after subsection (3), there is added the following subsection-
"(4)For the purposes of this section, section 221(4) of this Act shall not apply.".
7. In section 268(1)(b) of the Act for the reference to an appeal committee constituted for the purposes of paragraph 5(1) of Schedule 6 to the Act there is substituted a reference to an appeal committee constituted in accordance with the school's articles of government.
8. In section 273(2) of the Act for the reference to proposals for grant-maintained status which have been approved there is substituted a reference to an order under section 220 of the Act which has been made; and for the words "where the procedure for acquisition of grant-maintained status is pending (within the meaning of Chapter III of Part II of the Act)" there are substituted...
